Webinar №1 of the Chamber of Advocates of the Samara Region

On February 2, 2022, the first webinar on the professional development program organized by the Chamber of Advocates of the Samara Region took place. The topic of the webinar is "Review of the PASO disciplinary practice for 2021", speaker - PASO President Tatyana Dmitrievna Butovchenko.

Thanks to the online format, the audience of the training event expanded many times over: 223 lawyers were able to receive up-to-date information from the President of PASO and receive credit for the advanced training program in the amount of 6 training hours.

As Tatyana Dmitrievna noted, PASO webinars are another way, modern and as comfortable as possible for lawyers, to fulfill the requirements of the “Standard on professional training and professional development”. The President expressed her hope that now the disbarment for non-compliance with the Standard (according to the results of 2021, there are 2 such cases in PASO) in the Samara region will now become impossible.

“The goal of the seminars (and now webinars) held at PASO on disciplinary practice is to ensure that every lawyer knows about his rights, knows how to protect them and does not cross the line beyond which the zone of disciplinary responsibility begins,” said T. D. Butovchenko . According to her, in recent years, the disciplinary practice in the PASO has changed dramatically: the average number of proceedings considered during each meeting of the Qualification Commission has decreased by 4-8 times. This indicates that more and more lawyers in any conflict situations are guided by the norms of the Code of Criminal Procedure of the Russian Federation. For example, a lawyer has the right to appeal against a court decision, but not to take a protest position, leaving his client virtually without protection.

The legal way of defending lawyers' rights - appeal - is effectively used in situations with untimely payment of lawyers by state bodies. Together with the measures taken by the PASO Council to eliminate debt, lawyers themselves need to be active and persistent (in the legislative field).

With enthusiasm, the participants of the webinar perceived the information about the introduction of changes in the tariff scale in accordance with the Decree of the Government of the Russian Federation and an increase in tariff rates by 4% from January 1, 2022, about which the PASO Council informed law enforcement agencies and lawyers. In case of refusal by the courts to be guided by these documents, lawyers are recommended to take measures to appeal such decisions.

During the webinar, the topic of organizing advocacy and relationships with the principal was covered in detail. T. D. Butovchenko convincingly asked her colleagues to fill out a questionnaire for the principal before starting work, and then, at the end of each stage of work, to sign an act of work performed (report) together with the principal, thereby excluding most possible claims in the future. The speaker advised to be more scrupulous about the formalization of contractual relations. For example, if the lawyer believes that the chances of the client's expected outcome are negligible, you should obtain written confirmation from the client that such information has been communicated.

Tatyana Dmitrievna reminded her colleagues that in accordance with Article 25 of the Federal Law “On Advocacy and Advocacy in the Russian Federation”, the fee payment procedure is determined by agreement of the parties. If the client violates this procedure, the lawyer should send the client a written notice.

The President of PASO urged lawyers to carefully proofread the created documents, including the written statement of arguments in response to the client's complaint, otherwise errors in the document are regarded as a sign of the lawyer's low qualification.

“Caring for one's honor and dignity is caring for the corporation,” said Tatyana Dmitrievna. - According to one lawyer, society judges the legal profession as a whole. To the credit of the Samara lawyers, the attitude towards PASO in the Samara region is respectful, and this reputation won by colleagues must be preserved!” Continuing the topic, she said that the efforts made by the PASO Council and the apparatus are aimed at protecting colleagues from two extremes: firstly, the unwillingness to categorically master Internet technologies, and secondly, the excessive abuse of the possibilities of social networks and the vain craving for online popularity. "Don't forget the advocacy postulate - you need to put the interests of the principal above all, and the interests of the corporation - above personal ambitions."

The President of the PASO drew the attention of the heads of legal entities (including lawyers' offices) to the obligation to keep a register of agreements with the assignment of serial numbers to them and urged them to be ready to present the journal at the request of the PASO.

The President of the PASO drew the attention of the heads of legal entities (including lawyers' offices) to the obligation to keep a register of agreements with the assignment of serial numbers to them and urged them to be ready to present the journal at the request of the PASO.

The speaker informed the participants of the webinar about the need, in accordance with the requirements of Federal Law No. 115 “On counteracting the legalization (laundering) of proceeds from crime and the financing of terrorism”, for each lawyer’s education (including a lawyer’s office) to have a current account (not the same as a personal account lawyer). Fortunately, there are many bank offers for opening settlement accounts for lawyers.

At the end of her speech, T. D. Butovchenko reported on the preparations for the Twenty-second (regular) annual conference of lawyers of the Samara Region, which is scheduled for May 26, 2022.

During the entire webinar, participants sent questions to the speaker and promptly received answers. Colleagues highly appreciated the event, organized in a new format, described it as a "great idea", thanked Tatyana Dmitrievna for the informative session and intelligible presentation of the material, and wished PASO to continue the project.

PASO Press Center