Start of the new school year

On September 21, 2020, a seminar was held at the Chamber of Lawyers of the Samara Region on the topic: "Changes in the legislation governing advocacy and the procedure for bringing a lawyer to disciplinary responsibility."

The seminar was face-to-face and aroused great interest among lawyers who acutely feel the lack of communication due to the restrictions associated with the coronavirus epidemic.

The moderator was the President of PASO T. Butovchenko.

According to anti-epidemiological rules, the conference room was half full, the participants of the training event were equipped with protective masks.

The listeners paid special attention to the legislative initiatives of the Ministry of Justice of Russia, posted on September 1 on the Federal portal of draft regulatory legal acts, which provide for the introduction of criminal liability for obstructing the lawyer's activities and amending a number of norms of the RF Criminal Procedure Code concerning the rights of the suspect and the accused, as well as the powers of the defender (draft federal law "On Amendments to the Criminal Code of the Russian Federation and the Criminal Procedure Code of the Russian Federation (in terms of establishing additional guarantees for the implementation of the adversarial principle)".

In the second part of the seminar, the listeners analyzed in detail fresh examples of disciplinary practice of the PASO Qualification Commission concerning the position that a lawyer is not entitled to: conclude an agreement to participate in the case if there is a personal interest in the subject of the dispute and if there is a conflict of interest; issue a warrant in order to visit the detention facility if there is an agreement to conduct the case on the part of the victim in order to obtain compensation or induce the arrested person to change his position in the interests of his own principal.

The issue of the notification procedure for the entry of a lawyer into the case was discussed in detail and that the notification of the investigator about the entry into the case should be made in a proper manner - by way of serving the order in person with the provision of the lawyer's certificate.

The appearance of a lawyer in court must be carried out well in advance of the start of the court session, which the lawyer is not entitled to leave in protest against the actions of the court. Such actions are considered by the PASO Qualification Commission as a disciplinary offense in all cases.

A lawyer is prohibited from providing legal assistance out of personal material interest, and claiming remuneration for consulting a client in a pre-trial detention center must be confirmed by an official document on the fact of visiting the pre-trial detention center.

At the end of the training event, the listeners received answers to all their questions.

The seminar was free and included in the credit system for the implementation of the Professional Development Standard.