MEETING OF THE PASO COUNCIL

MEETING OF THE PASO COUNCIL

24.05.2021

On May 24, on the eve of the 21st (regular) annual conference of lawyers of the Samara region, a meeting of the PASO Council took place.

Prior to the meeting, the Council members got acquainted with the latest issue of the PASO Bulletin magazine, which reflected the materials for the upcoming conference, as well as the latest clarifications of the FPA Commission on Ethics and Standards.

The meeting of the Council began with the swearing of an oath of allegiance to the lawyer's duty by fourteen applicants who successfully passed the qualifying exam. PASO President Tatyana Dmitrievna Butovchenko wished them luck in the difficult, but the best profession of a lawyer.

Etc. Butovchenko informed the Council about the preparations for the PASO Annual Conference of Lawyers, which will be held on May 27.

The Council was informed of the Report on the work of the PASO Council for 2020, the Report on the use of earmarked funds of the Non-Profit Organization "Chamber of Advocates of the Samara Region" for the previous year, the report of the PASO Audit Commission for the period from 01.01.2020 to 30.12.2020, the draft estimate was presented income and expenses for 2021.

It is not planned to change the amount of deductions for general PASO needs at the conference.

The delegates of the Twenty-first Annual Conference will have to vote on the approval of these documents.

The Council approved one application for renewal and one for termination of the status of a lawyer. On the basis of personal statements, six lawyers were credited with professional development hours. Four were established and one lawyer's office was liquidated. Seven lawyers have applied to be included in the subsidized legal aid system by appointment.

During the meeting of the Council, five disciplinary proceedings were considered.

One of them was initiated according to the report of one of the district courts of the Chuvash Republic. The lawyer did not appear on the previously agreed dates of the hearings, referring to his employment in other proceedings in the same district court, as well as in the Supreme Court of the Republic. The qualification commission found that the lawyer is in the process of a number of cases in the courts of Chuvashia, which for various reasons overlap, which led to two cases of non-attendance at the meeting, in one case - without notification of the impossibility of arriving and providing evidence of the validity of the reason ... The commission found the lawyer's actions contempt of court. During the meeting of the Council, the lawyer blamed the lack of punctuality of the judges, who delay the beginning of the sessions and thereby create obstacles for him to participate in several trials per day. He also blamed the judges for the fact that they are much more loyal to the "local" lawyers and forgive them for minor flaws that are not forgiven to the Samara lawyer. The PASO Council unanimously expressed disagreement with such arguments and indicated that when accepting an assignment for defense or representation in another region, that is, coming “to a strange monastery”, a lawyer initially takes on increased obligations in terms of compliance with all the rules and, above all, punctuality. The requirements of the law and the KPEA apply to him in this situation in the same way as if a lawyer worked in his city, and it is much more difficult to comply with them. When planning working hours, a lawyer needs to consider many more factors. At the same time, there will always be more attention and even captiousness to a lawyer from a “foreign” region than to “our own” - this is obvious. In this regard, a lawyer is obliged to show particular scrupulousness, organizing participation in remote cities, to be able to arrive in advance, free up time for a meeting with a reserve, etc. In this case, the lawyer was favored by his active actions to resolve the conflict situation with the court, which resulted in a letter the chairman of the court addressed to PASO. In this regard, the Council considered it possible to limit itself to the decision to terminate the disciplinary proceedings due to the insignificance of the misconduct committed by the lawyer, indicating to the lawyer the violations committed.

Other proceedings were also related to the failure of a lawyer to appear in the proceedings. In this case, the lawyer, who recently acquired the status, did not deny that he had incorrectly recorded one of the first claims distributed to him. In this case, the Council also voted for the insignificance of the offense, additionally explaining to the lawyer that lawyers can always double-check the data received from the coordinators in the PASO.ru application.

Another disciplinary proceeding was initiated upon the report of the preliminary investigation authorities in connection with the inappropriate statements of the lawyer to the investigators. An audio recording was attached to the appeal, in which the lawyer speaks to the investigator clearly outside the scope of professional ethics. In her explanations, the lawyer did not refute the accuracy of the records. In this regard, the lawyer received a remark.

In another case, the lawyer asked for time to reconcile with the applicant, which was done.

In the latter case, the Qualification Commission did not consider the actions of the lawyer to constitute a disciplinary offense, in connection with which the Council terminated the disciplinary proceedings.

Based on the statements of the principals, gratitude was announced to four lawyers.

At the end of the meeting, the Council unanimously voted for the traditional provision of material assistance to veterans of the Bar for the Day of the Russian Bar.

The members of the Council noted the readiness of PASO for the upcoming reporting conference, which will be held on May 27 in the conference hall of the Renaissance hotel and only considered it necessary to draw the attention of the delegates to the need to correctly calculate the departure time, taking into account the reconstruction of st. Novo-Sadovaya. In connection with the repair work, the travel time on this section has increased significantly.

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