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About the Seminar on Improving Disciplinary Practices and Solving Complex Ethical Problems

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On September 14 and 15, 2017 in Samara, a seminar on the exchange of experience of the members of the qualification commissions of regional bar associations left an exceptionally positive impression - both from the point of view of his organization and from the point of view of the issues discussed.
The equator of the second decade of the existence of the regional advocates' chambers is over, and therefore it's time to pay close attention to the governing bodies of the Chambers, which form the "corporate climate" of the Bar in the field. The time has come for an active exchange of best practices with a view to unifying the disciplinary practice with the direct support of the Federal Chamber of Advocates of the Russian Federation.

 

The Chamber of Advocates of the Samara Region is the flagship among the regional bar associations and it is necessary to take an example from it, especially with regard to the creative approach to organizing the work of lawyers with the use of information technology. 

Thus, in particular, the work of the Center for Subsidized Legal Aid of PASO (hereinafter referred to as the SPC Center), which is a kind of "control center for flights" of lawyers by appointment, left a vivid impression. Such a structure certainly increases the image of the regional chamber of lawyers, as law enforcement agencies and courts are directly interested in operative communication with lawyers, without which their current activities will be paralyzed. 

At the same time, the president of the Chamber of Lawyers of the region, which fully controls the activities of the SPL Center, can violate the professional rights of lawyers at any time, decide to stop accepting applications, in which their initiators are not at all interested. 

Respect for the bar does not arise on its own - it must be earned by deeds. And PASO does it. At the same time PASO President Tatiana Butovchenko is open for communication and assistance to the regional chambers. 

Do not forget that the work of the SPC Center is also an informational support for the activities of the Qualification Commission of the region. The fact is that a considerable number of disciplinary proceedings are instituted in connection with the work of lawyers participating as defense lawyers in criminal proceedings on the appointment of inquiry bodies, preliminary investigation bodies and courts. A Center of SPL provides the regional Qualification Commission with information on the work of lawyers for the purpose, up to the minute of the application, which greatly simplifies the activities of its members to establish the circumstances of disciplinary proceedings. 

Equally important is the work of regional qualification commissions on the compilation of disciplinary practices and the preparation of relevant reviews. Thus, at the seminar, such compilations were prepared and presented to its participants, formed by PASO and the Bar of the Moscow Region. These collections should become a "reference book" of the qualification commissions of other regional chambers: it is unacceptable to ignore the painstaking work of their compilers. 

Due to the specifics of the activity of the qualification commissions and the councils of the regional bar associations it is extremely important that these bodies are not perceived by the members of the corporation as punitive. For this, it is necessary to solve, perhaps, the most difficult question - to ensure that lawyers respect each other. This will, if not eliminate, then minimize the available in some cases abuse in the conduct of lawyers when considering disciplinary proceedings against them. 

Moreover, it is necessary at the level of regional qualification commissions to encourage lawyers to reconcile with trustees in the consideration of disciplinary proceedings, since this will help to strengthen confidence in the legal profession in the society, will lead to a reduction in the cases of referring clients to the court with suits against lawyers. 

It seems that in the near future it is necessary to focus on:
1) the establishment of CSL Centers - both at the regional and interregional (within the borders of one federal district) level;
2) the formation of unified approaches to the application of the strictest measure of disciplinary responsibility - the termination of the status of an advocate. 

The practice of seminars on the basis of regional lawyers' chambers, which have advanced experience, should be continued.

 

Eugene ZABUGA
Member of the Qualification Commission of the Omsk region

 

A source: 

  Site of the RF FPA 

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EVENTS

 

 

 

24 
October

Seminar Standards of Advocacy

25 
October

Meeting of the PASO Council

30 
October

Beginning of the course of the School of Young PASO Advocate
 

Issue number 3 (54) 2018
Выпуск 3(54)2018

 

Bulletin of the Bar of Samara region