An advocate is a person who, in accordance with the procedure established by the Federal Law "On advocacy and the legal profession in the Russian Federation," has obtained the status of an advocate and the right to practice advocacy. The lawyer is an independent professional legal advisor. A lawyer does not have the right to enter into labor relations as an employee, with the exception of scientific, teaching and other creative activities, as well as to hold government positions in the Russian Federation, government positions in the constituent entities of the Russian Federation, government service positions and municipal positions.
A lawyer has the right to combine advocacy with work as the head of a lawyer education, as well as with work in elective positions in the Bar Chamber of a constituent entity of the Russian Federation, the Federal Chamber of Lawyers of the Russian Federation, all-Russian and international public associations of lawyers.
Providing legal assistance, a lawyer:
1) gives advice and information on legal issues both orally and in writing;
2) draws up applications, complaints, petitions and other documents of a legal nature;
3) represents the interests of the principal in constitutional proceedings;
4) participates as a representative of the principal in civil and administrative proceedings;
5) participates as a representative or defender of the principal in criminal proceedings and proceedings in cases of administrative offenses;
6) participates as a representative of the principal in the proceedings in the arbitration court, international commercial arbitration (court) and other conflict resolution bodies;
7) represents the interests of the principal in government bodies, local governments, public associations and other organizations;
8) represents the interests of the principal in government bodies, courts and law enforcement agencies of foreign states, international judicial bodies, non-state bodies of foreign states, unless otherwise provided by the legislation of foreign states, statutory documents of international judicial bodies and other international organizations or international treaties of the Russian Federation;
9) participates as a representative of the principal in enforcement proceedings, as well as in the execution of criminal punishment;
10) acts as a representative of the principal in tax legal relations.
A lawyer has the right to provide other legal assistance not prohibited by federal law.
Advocate activity is carried out on the basis of an agreement between the attorney and the client.
The agreement is a civil contract concluded in a simple written form between the client and the lawyer (lawyers) for the provision of legal assistance to the client himself or to a person appointed by him.
The powers of a lawyer participating as a representative of the principal in constitutional, civil and administrative proceedings, as well as as a representative or defender of the principal in criminal proceedings and proceedings in cases of administrative offenses, are regulated by the relevant procedural legislation of the Russian Federation.
An attorney must have a performance order issued by an appropriate legal profession. The form of the order is approved by the federal justice body. In other cases, the lawyer represents the client on the basis of a power of attorney. No one has the right to demand from a lawyer and his client the presentation of an agreement on the provision of legal assistance for the lawyer to enter the case.
A lawyer is obliged:
1) honestly, reasonably and conscientiously defend the rights and legitimate interests of the principal by all means not prohibited by the legislation of the Russian Federation;
2) comply with the requirements of the law on the compulsory participation of a lawyer as a defender in criminal proceedings by appointment of the bodies of inquiry, preliminary investigation bodies, the prosecutor or the court, as well as provide legal assistance to citizens of the Russian Federation free of charge in cases provided for by the Federal Law "On advocacy and the legal profession in Russian Federation".
For non-fulfillment or improper fulfillment of his professional duties, an attorney shall be held liable under this Federal Law.
