Meeting of the Qualification Commission

On September 12, 2024, the regular meeting of the Qualification Commission of the Chamber of Advocates of the Samara Region was held.

The agenda of the meeting included consideration of three disciplinary proceedings, two of which were initiated upon court appeals, one upon a client's complaint, as well as the acceptance of a qualification exam for assigning the status of a lawyer to applicants who successfully passed computer testing.

Two proceedings were considered on the merits, in one case the Commission came to the conclusion that it was necessary to terminate the disciplinary proceedings due to the absence of violations in the actions of the lawyer, in the other - violations were found in the actions of the lawyer. One disciplinary proceeding was postponed for reasons recognized by the Commission as valid.

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From M.'s complaint against attorney E. it follows that the attorney, who entered the criminal case as a defense attorney by appointment, which was being considered by the court with the participation of jurors, did not provide the client with consultations, did not agree on the position, did not explain the rights, did not familiarize himself with the materials of the criminal case, did not prepare questions for the candidates for jury members and did not prepare an introductory statement. Attorney E. was unable to read the text of the introductory statement prepared by the complainant himself, and limited himself to supporting the position set out by his colleague, attorney V. According to the complainant M., the attorney did not understand the ongoing process, and by his inaction and incompetence aggravated the situation of his client.
On the merits of the complaint filed, attorney E. presented explanations that confirm the arguments of the complainant.

A photocopy of the materials of the criminal case, presented in the form of attorney proceedings, was not recognized as a dossier by the Qualification Commission. In the opinion of the Commission, the presented materials were copied for the purposes of disciplinary proceedings, do not contain circumstances confirming the form of participation and the fact of providing legal assistance to the client.
The lawyer's arguments that he participated in a trial with jury members for the first time and does not know the basics of this type of legal proceedings indicate the lack of proper procedural knowledge and unprofessionalism of the lawyer.

The Commission found in the lawyer's actions violations of the norms of the legislation on advocacy and the Bar, the Standard for the implementation of defense by a lawyer in criminal proceedings adopted by the VIII All-Russian Congress of Advocates, both in form and content. The members of the Commission pointed out to the lawyer the inadmissibility of such actions, since this is a gross violation of professional duties, violates the rights of the client, gives rise to mistrust of the lawyer, undermines the authority of the Bar.

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Twenty-two applicants successfully passed the qualification exam and were invited to take the oath at a meeting of the Council of the Chamber of Advocates of the Samara Region. The Commission noted the high level of preparation of the status applicants.

The Commission's conclusions are included in the agenda of the meeting of the Council of the Chamber of Advocates of the Samara Region, which will be held on September 26, 2024.

PASO Press Center