Meeting of the Qualification Commission

On May 11, 2023, the regular meeting of the Qualification Commission of the Chamber of Advocates of the Samara Region was held.

The agenda of the meeting included nine disciplinary proceedings for consideration, eight of which were initiated on the proposal of the Vice President of the PASO, one - on the complaint of the client, as well as the acceptance of the qualification exam for assigning the status of lawyer to 21 applicants.

Traditionally, after the Chairman of the Qualification Commission of the PASO Kokin A.V. distributed tickets to the applicants and a short parting word to them, the Commission proceeded to consider disciplinary proceedings.

All proceedings were considered on the merits, in one case the Commission came to the conclusion on the need to terminate disciplinary proceedings due to the absence of violations in the actions of the lawyer, in other cases, violations were found in the actions of the lawyers.

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From the submission of the Vice-President of the Chamber of Advocates of the Samara Region, it was seen that the Chamber received a complaint from the plaintiff, who is a representative by proxy in a claim for recognition of the loss of the right to use residential premises, eviction and deregistration. The said complaint states that the lawyer - the representative of the defendants in the case after the court hearing in the corridor of the court adhered to a manner of behavior inappropriate for business communication, kicked, and made expressions containing threats to life. In connection with this fact, L. contacted the police and the clinic at his place of residence.

The lawyer denied these circumstances in her explanations.

The arguments of the complaint are confirmed by a video recording from a surveillance camera located in the premises of the Leninsky District Court of Samara.

The Commission found in the lawyer's actions a violation of the legislation on advocacy and the Bar and the Code of Professional Activity of a Lawyer, indicating that the lawyer grossly violated the norms of the Federal Law "On Advocacy and the Bar in the Russian Federation" and the Code of Professional Ethics of a Lawyer; such actions are unacceptable, since they undermine respect for the activities of a lawyer and the Bar as a whole, discredit the lawyer as a participant in legal proceedings, and cause significant harm to the authority of the Bar as an institution of civil society.

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From the complaint of citizen A. it was evident that lawyer G. was appointed to carry out investigative actions in accordance with Art. 50 of the Criminal Procedure Code of the Russian Federation, who did not discuss the position on the case with the client and “did not show interest”, did not answer questions, did not give explanations, and after signing the documents quickly left, leaving the client without leaving any contact information. Before the court hearing to set the deadlines for familiarization with the case materials, scheduled for 03/15/2023, the applicant asked the lawyer to prepare a motion to extend the deadlines for familiarization, but the lawyer replied that “he himself will decide to be there and what to do”. At the time of filing the complaint, the applicant knows nothing about how the hearing went, whether lawyer G. was there, whether he filed a motion, since the lawyer does not answer calls and does not call back himself. From the explanations of lawyer G. it followed that, by appointment of the preliminary investigation authorities, he is protecting the interests of A. from the stage of Art. 217 of the Criminal Procedure Code of the Russian Federation (166 volumes of the criminal case). On 16.02.2021, before the interrogation, they offered the client to discuss his position on the case, to which A. refused, explaining that "his position on the case was previously determined at the stage of the preliminary investigation with the lawyer by agreement, and he will adhere to it." A. signed the questionnaire partially. No questions, statements, or complaints were received by the lawyer after the interrogation. The standards for the implementation of the appointed defense by the lawyer were explained, it is recommended to seek additional clarification if questions arise. On 15.03.2023, the court limited the period for familiarization with the materials of the criminal case until 13.04.2023. The lawyer filed an appeal against this court ruling.

The commission came to the conclusion on the need to terminate the disciplinary proceedings due to the absence of violations in the lawyer's actions.

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The Vice President of the PASO has submitted seven submissions regarding lawyers who have arrears in monthly payments for the maintenance of the Chamber of Advocates of the Samara Region, which is a violation of the requirements of the legislation on advocacy and the bar, paragraphs 4.5, 5.2.5 of the PASO Charter.

Having found that all seven cases constitute disciplinary offenses, the Commission draws the attention of colleagues to the fact that the lawyer is obliged to make monthly payments for the general needs of the chamber of advocates in the manner and in the amounts determined by the meeting (conference) of lawyers of the chamber of advocates of the relevant subject of the Russian Federation, as well as to make payments for the maintenance of the relevant lawyer's office, the relevant college of advocates or the relevant law firm in the manner and in the amounts established by the advocacy association.

For failure to perform or improper performance of their duties, a lawyer shall bear liability as provided for by the Federal Law "On Advocacy and the Bar in the Russian Federation" (clause 5, clause 1, clause 2, Article 7).

A lawyer's violation of the requirements of the legislation on advocacy and the bar and the Code of Professional Ethics of a lawyer, committed intentionally or through gross negligence, shall entail the application of disciplinary measures provided for by the legislation on advocacy and the bar and the Code of Professional Ethics of a lawyer (clause 1, Article 18 of the Code).

In accordance with clause 4.5 of the Charter of the Chamber of Advocates of the Samara Region, each lawyer shall bear personal liability to the Chamber for the timeliness, correctness and completeness of monthly payments. Failure by a lawyer to make monthly payments for three months during the year (in a row or in total) without good reason shall be grounds for the adoption by the Council of the Chamber, based on the conclusion of the Qualification Commission, of a decision to terminate the status of a lawyer.

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21 candidates successfully passed the qualification exam and were invited to take the oath at the meeting of the Council of the Chamber of Advocates of the Samara Region, which will be held on 05/22/2023.

PASO Press Center