Question answer

Does legal experience include 3 years as an assistant lawyer, after receiving the first higher education?

In accordance with paragraph 1 of Art. 9 of the Federal Law "On advocacy and the legal profession in the Russian Federation" for persons whose higher legal education is the first time they received higher education, the length of service in the legal profession is calculated no earlier than from the moment of obtaining it.

Can the length of service in the police in the position of "inspector for the execution of administrative legislation of the traffic police" included in the legal experience to obtain the status of a lawyer?

With this question, you have the right to contact the personnel department of the unit where you are serving, having found out whether the position of inspector for the execution of administrative legislation of the traffic police requires a higher legal education, and on the basis of which regulatory act. If the answer to the request is positive, then the work is counted towards the length of service required to acquire the status of a lawyer.

Is it possible to terminate the contract with a lawyer (services provided - consultation, client survey, photocopy of necessary materials) and get your money back

In accordance with Art. 25 of the Federal Law "On advocacy and the legal profession in the Russian Federation" advocacy is carried out on the basis of an agreement between the advocate 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. If the lawyer violates the terms of the agreement, the principal has the right to terminate the agreement, demanding the return of the fee or part of it, taking into account the work already performed. The lawyer is obliged to return to the client all documents and power of attorney received from him. In the event that the attorney fails to fulfill his duties, the principal has the right to file a corresponding complaint against the actions (inaction) of the attorney to the regional bar association, and to return the unearned fee to the court.

How do you file a complaint against a lawyer on your registry?

All claims regarding the actions (omissions) of a lawyer related to the performance of a lawyer's professional duties are considered by the Qualification Commission and the Council of the Regional Bar Chamber after receiving a reasoned complaint. A complaint is recognized as an admissible reason for initiating disciplinary proceedings if it is submitted in writing and it indicates: 1) the name of the bar association to which the complaint is submitted, a presentation, an appeal; 2) surname, name, patronymic of the lawyer who filed a complaint against another lawyer, membership of the bar association and lawyer education; 3) the surname, first name, patronymic of the attorney's principal, his place of residence or the name of the institution, organization, if they are submitters of the complaint, their location, as well as the last name, first name, patronymic (name) of the representative and his address, if the complaint is filed by a representative; 4) the name and location of the public authority, as well as the surname, name, patronymic of the official who sent the submission or appeal; 5) the surname and first name (initials) of the lawyer in relation to whom the question of initiating disciplinary proceedings is being raised; 6) specific actions (inaction) of a lawyer, in which a violation of his professional duties was expressed; 7) the circumstances on which the person who filed a complaint, presentation, appeal, bases his claims, and evidence confirming these circumstances.

Please tell me: 1. How much is the state duty for passing the exam to obtain the status of a lawyer? 2. Can a lawyer have an LLC, where he is the only founder?

There is no charge for passing the qualification exam for attorney status. The amount of deductions of lawyers for the general needs of PASO was established by the Decision of the XX Ordinary Annual Conference of Lawyers of the Samara Region, the text of which can be found on the website of the Chamber of Lawyers of the Samara Region in the section "for lawyers". A lawyer has the right to be the founder of an LLC, but cannot enter into an employment relationship as a director and receive remuneration for this.

How to become a lawyer's assistant in a lawyer's office?

To become an assistant to a lawyer, you must have a higher, incomplete higher or secondary legal education and conclude an employment contract with a lawyer. Persons recognized as incapacitated or partially incapacitated and who have an outstanding or unexpunged conviction for committing an intentional crime cannot be assistants.

My lawyer won't pick up the phone from me! how can I find out if he even filed a lawsuit with the COURT in my case ?! more than 6 months have already passed since he allegedly took up my business! And how can I collect money and the entire package of documents from him?

You can find out about filing a claim by contacting the office or on the official website of a particular court, where a card file of all cases in progress is kept. The collection of the unworked fee under the agreement is carried out through the district court at the place of the lawyer's professional activity, information about this can be obtained from the PASO office or you can find out from the Register of lawyers of the Samara region posted on the PASO official website. You can state all existing claims to a lawyer in a complaint. In this case, the Qualification Commission of the Chamber of Lawyers of the Samara Region will check their validity in the process of considering disciplinary proceedings. The section “for citizens” contains information on how to properly file a complaint against a lawyer.

I am a 5th year student of the Institute of Law, I want to get a lawyer's license, what is the best way to do this, go to the school of a young lawyer, or is it better to work for about a year as an assistant lawyer?

First, you need to familiarize yourself with the Federal Law "On advocacy and the legal profession in the Russian Federation", which defines the procedure for acquiring the status of a lawyer, since the options you suggest do not allow you to acquire the status.

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