Collection of disciplinary practices

Registration by family members of the lawyer of the ownership of the property and property rights of the client carries an element of blameless behavior of the lawyer and puts him in a difficult ethical situation

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The lawyer independently assesses the need to visit the client in places of preliminary detention or serving a sentence, guided only by the goals of the defense and the terms of the agreement

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Acceptance by a lawyer of an order to conduct a case under circumstances that knowingly exclude the possibility of reasonably and conscientiously supporting and defending the interests of the client was recognized as a disciplinary offense

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The receipt for refusal to appeal the sentence was not recognized as reflecting the actual will of the convicted person, who, without having legal knowledge, independently appealed the sentence, giving convincing arguments that led to the admission of evidence (confession) as inadmissible evidence

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The actions of a lawyer aimed at increasing the payment of remuneration, committed exclusively in the personal interests of a lawyer, are not subject to payment from the federal budget and deserve censure as harming the authority of the legal profession

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Avoiding the execution of judicial acts that have entered into legal force, the lawyer commits actions that contradict the requirements of paragraph 1 of Art. 4, paragraph 5 of Art. 9 KPEA, and forms a negative attitude towards the legal profession as an institution of civil society

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Doubts about the proof of the commission of a disciplinary offense by a lawyer, which cannot be eliminated in the manner prescribed by the legislation on advocacy and the legal profession, shall be interpreted in his favor

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The applicant's arguments about the entry of a lawyer into the case on the initiative of the investigator were deemed worthy of attention by the qualification commission and considers it possible to draw a conclusion about the actions of the lawyer as a “pocket”, which undermines the authority of the legal profession as a whole and causes significant reputational harm to it

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The lawyer's application for attaching an extract from the principal's outpatient card indicating the defendant's diagnosis to the case file was satisfied by the court, due to which such actions cannot be considered as unfair use of the procedural rights belonging to the plaintiff's representative

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Violation of the requirements of the kpea by the actions of a lawyer who has chosen to protect property rights a method of physical impact on the "offender" and repeated, abundant use of profanity

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The agreement for the provision of legal assistance was concluded by a lawyer in the absence of a legal position in violation of the provisions of Art. 7 KPEA, which requires accepting an assignment to conduct a case only if legal doubts do not exclude the possibility of reasonably and conscientiously supporting and defending it

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The lawyer did not familiarize himself with the case materials, in the appellate instance he chose his own position, which differs from that of the client

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The applicant confirmed the improper registration of financial relations with the client and the wrong behavior of the lawyer during the conciliation procedures with the recordings of telephone conversations and video recordings of meetings with the lawyer

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Membership fees for the general needs of the Bar Association are paid by the lawyer on a monthly basis. non-payment of fees for three or more months in a row or for the same period during the year may result in the termination of the status of a lawyer

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A receipt for refusal to appeal a judicial act must be given not to the court, but to the lawyer

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The choice of a non-legal position by a lawyer was recognized as a composition of a disciplinary offense

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In the verdict, the court assumed the function of defense, while the defendant's lawyer and interrogators, united, jointly represented the prosecution

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The Qualification Commission did not find it proven that the detainee could have cash and deposit it as a fee by paying a legal aid agreement

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The fee must be paid to the current account of the lawyer's education without fail, and reconciliation with the client after the initiation of disciplinary proceedings does not necessarily entail its termination

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Actions expressed in obstructing the work of the organization, blocking exits from the premises with a car owned by a lawyer on the right of personal property, attempts to turn off equipment cannot be the subject of an agreement for a lawyer to provide legal assistance

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The client confirmed the commission of a disciplinary offense by an attorney with an audio recording, from the content of which the qualification commission established the fact of receiving a fee in a larger amount than the attorney deposited to the current account of a lawyer education

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The lawyer is obliged to obtain the written consent of the client on all the terms of the agreement on the provision of legal assistance concluded in his interests by a third party

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