Final meeting of the PASO Council
On December 23, the final meeting of the Council of the Chamber of Lawyers of the Samara Region took place.
It began with the solemn swearing-in of two applicants who successfully passed the qualifying exam in November.
The Council then proceeded to work on the agenda.
The applications of two lawyers to change their membership in the PASO to bar chambers of other regions were considered.
The council renewed the status of three and suspended four lawyers. The status of seven lawyers was terminated on the basis of personal applications. Two of them were credited with professional development hours. The lawyers notified the Council of the establishment of two and the liquidation of three lawyers' offices.
Twenty-one more lawyers are included in the SJA system. Thus, the number of lawyers included in the system of providing subsidized legal aid on demand is approaching 900, which is half of the total number of lawyers in the Samara region.
The PASO Council reviewed fourteen disciplinary proceedings.
One of them was initiated at the request of a court in another region. A Samara lawyer accepted an assignment to defend a nonresident defendant. The verdict in the case was passed almost a year ago. The court appealed to the PASO with a complaint about the fact that on November 24, 2020 the lawyer did not appear at the court session, about which he was notified in advance. In addition, according to the court, the lawyer behaved incorrectly in the process, for example, “demonstratively throwing a pen on the table” and “grinning”. Regarding the failure to appear at the court session, the lawyer explained that this was due to extreme weather conditions - a strong snowstorm - which did not allow to go by car to another city, about which he notified the court. In confirmation, a certificate from the Meteorological Service has been submitted. To verify the rest of the court's arguments, the PASO Qualification Commission requested the court minutes of the proceedings, which it was denied. In the absence of evidence of the lawyer's guilt, the PASO Council agreed with the Commission's conclusion and terminated the disciplinary proceedings.
Two disciplinary proceedings were initiated against lawyers who jointly provided legal assistance to one client on the proposal of the Directorate of the Ministry of Justice of the Russian Federation for the Samara Region, made on the basis of an appeal by the Head of the Samara Customs.
As part of the provision of legal assistance, the lawyers arrived at night in private cars to the place of detention of vehicles in respect of which customs control was carried out. According to the Samara customs, it was thanks to the intervention of lawyers that truck drivers and vehicles left the customs control zone. On these facts, the Samara customs office filed a criminal complaint, the initiation of which, based on the results of the check, was denied. The Qualification Commission established the existence of agreements on the provision of legal assistance - as a legal basis for the presence of lawyers in the customs control zone. In such circumstances, the Commission did not find a disciplinary offense in the actions of the lawyers. The PASO Council agreed with her conclusion and terminated both disciplinary proceedings.
Two more proceedings were initiated at the request of judges. The first - in relation to the lawyer, who did not appear at the hearing four times. At the same time, she always referred to the presence of a certificate of incapacity for work, but did not warn the court about this in advance and did not provide sick leave. At the same time, she continued to go to her second job - a teacher in a college - all this time regularly and held classes with students on the days of court sessions according to the curriculum. The Qualification Commission found a disciplinary offense in the actions of the lawyer. The PASO Council negatively assessed the behavior of the lawyer for the lawyer's failure to fulfill his professional duty about the need for advance notification of the impossibility of being present at the trial and the provision of documents justifying the failure to appear, which is regarded as contempt of court. When deciding on the choice of the type of disciplinary punishment, the opinions of the members of the Council were divided, and only because of the presence of sick leave confirming the fact of the disease, the members of the World did not unanimously, but voted for the termination of production due to their insignificance.
The second proceedings were initiated at the request of a judge of the Samara Regional Court.
Seven industries were associated with non-payment of monthly deductions for the maintenance of PASO. In three cases, the lawyers paid off the debts immediately after they learned about the initiation of proceedings - they were terminated due to their insignificance. Three more lawyers contributed funds on the day of the meeting of the Council - they received comments. One lawyer on the date of the hearing paid off the debt in only two months, although he had to - in four. The council issued a warning to him about the termination of the status.
Eight lawyers were given gratitude based on the statements of the principals.
At the end of the meeting, the members of the PASO Council warmly congratulated the Vice-President of the PASO Natalia Yurievna Sukhova on her last birthday and the member of the Council, Igor Alekseevich Zhdanov, on his anniversary. PASO President T. D. Butovchenko wished her colleagues to always be in demand and successful in their professional activities.
PASO Press Center