PASO Council explains

In connection with the increase in the number of appeals received by the Chamber of Advocates of the Samara Region from courts in the manner established by paragraph 4, part 1, article 20 of the Code of Professional Ethics of Advocates, regarding the failure to appear at a court hearing without good reason of advocates participating in criminal proceedings as a defense attorney, the Council of the Chamber of Advocates of the Samara Region, in order to prevent damage to the authority of the Bar, warned colleagues against violating the norms of the legislation on advocacy and the Bar.

The Council reminded colleagues of the content of the documents fundamental to advocacy: the Code of Professional Ethics (parts 1 and 2 of article 4, parts 2 and 3 of article 5, paragraph 1 of article 8, article 12, part 1 of article 14) and the Federal Law "On Advocacy and the Bar in the Russian Federation" (paragraph 1 of part one of article 7).

Thus, in accordance with Part 1 of Article 14 of the Code of Professional Ethics of a Lawyer, if it is impossible for valid reasons to arrive at the appointed time to participate in a court hearing, as well as if the lawyer intends to request another time for holding it, the lawyer must, if possible, notify the court of this in advance, as well as inform other lawyers participating in the process, and agree with them on the time for performing procedural actions.

The Council proceeds from the indisputable priority of the lawyer's participation in the court hearing over any other types of legal assistance provided by him.

In accordance with the explanation of the Commission of the Federal Chamber of Lawyers of the Russian Federation on Ethics and Standards on the Priority of a Lawyer's Participation in Court Hearings and the Priority of Professional Activity over Other Activities No. 01/18 dated 16.02.2018, if, despite the measures taken by the lawyer, the cases handled by the lawyer are scheduled for consideration in different courts on the same date, the lawyer, giving priority to his participation in one of them, must take into account the following circumstances:

– the postponement of the hearing of the case due to the impossibility of the lawyer appearing at the court hearing may entail for his client, including the defendant, the occurrence of unfavorable consequences, violation of reasonable time limits for the consideration of the case by the court, including due to repeated postponement of the hearing of the case due to the lawyer's failure to appear at the court hearing, as well as violation of the rights of other participants in the process;

– the severity of the charge brought against the defendant;

– the duration of the accused's detention;

– the complexity of the administrative, civil case, etc.

When acting as a defense attorney in criminal proceedings, an attorney, in order to ensure the legitimate rights and interests of the client, must take into account not only professional employment during a specific period of time, but also planned vacation, in order to exclude obstacles to the administration of justice within a reasonable time.

Systematic failure of an attorney to appear at a court hearing without good reason or formally conditioned by good reason gives grounds to conclude that the attorney is dishonest.

Intentional delay of the hearing of the case, including by failure of the defense attorney to appear at a court hearing without good reason, as well as in the absence of evidence confirming their presence, is not an appropriate method of defense, indicates abuse of rights and undermines confidence in both the attorney himself and the attorney community as a whole.

Violation by an attorney of the requirements of the legislation on advocacy and the Bar and the Code of Professional Ethics of an Attorney, committed intentionally or through gross negligence, entails the application of disciplinary measures.

When a lawyer is brought to disciplinary responsibility for similar disciplinary offenses again, the Council will take into account not only their intentional and gross nature, but also the systematic violation of the rules of the legal profession, the guarantee of compliance with which will be the only possible measure of disciplinary responsibility - termination of the status of a lawyer, which meets the requirements of Articles 4 and 9 of the Code of Professional Ethics of a Lawyer, expressing the attitude of the legal community to such behavior of members of the corporation as professionally unacceptable.

Explanation of the PASO Council on the issue of compliance by lawyers with the requirements of federal legislation and the Code of Professional Ethics of a Lawyer when participating in criminal proceedings as a defense attorney

PASO Press Center