Meeting of the Qualification Commission

On 12.10.2023, the regular meeting of the Qualification Commission of the Chamber of Advocates of the Samara Region was held.

The agenda of the meeting included seven disciplinary proceedings for consideration, one of which was initiated at the request of the court, one - at the suggestion of the Vice President of the PASO, and five - based on complaints from clients.

Six disciplinary proceedings were considered on the merits, one was postponed for reasons recognized by the Commission as valid.

*****

It follows from the appeal of the judge of the Chapaevsky City Court of the Samara Region that the court is handling a criminal case against F., in which lawyer Ch. is the defense attorney by agreement. At the court hearing on 16.05.2023, lawyer Ch. was notified in advance and in due course of the date and time of the next court hearing. The hearing was scheduled for 08.08.2023 at 10:00 in order to additionally summon candidates for jury service. On July 19, 2023, the Chapaevsky City Court of the Samara Region received a motion from lawyer Ch. to postpone the court hearing due to the “implementation of the constitutional right to annual leave” and being on regular vacation from July 28, 2023 to August 14, 2023 with travel outside the Samara Region. At 10:00 on August 8, 2023, lawyer Ch. did not appear at the court hearing, the planned continuation of the formation of the jury was disrupted. Due to the failure of the lawyer to appear, taking into account the opinion of the defendant, who insisted on the participation of Ch., the court hearing on the criminal case with a complicated form of proceedings (with the participation of jurors) did not take place. The actions of the lawyer, as stated in the court's appeal, indicate that lawyer Ch. showed disrespect for the 18 potential jurors who appeared at the court hearing, participants in the criminal proceedings, fellow lawyers, state prosecutors and the court.

These circumstances are confirmed by the copies of the minutes of the court hearings submitted by the court, to which the lawyer did not submit comments in the prescribed manner, as well as by the lawyer's explanations.

Having unanimously found that the lawyer's actions constituted a disciplinary offense, the Commission pointed out that such behavior on the part of the lawyer is inadmissible, since it undermines respect for the activities of the lawyer and the legal profession as a whole, discredits the lawyer - a participant in the proceedings, and causes significant harm to the authority of the legal profession as an institution of civil society.

******

From the submission of the Vice-President of PASO regarding lawyer K., it follows that, as indicated in the report of the Center for Subsidized Legal Aid, on 15.08.2023 at 12:31 the Center for Subsidized Legal Aid of PASO received by mail from the Zhigulevsky City Court of the Samara Region a demand for the need to ensure the participation of a lawyer in accordance with Art. 50 of the Criminal Procedure Code of the Russian Federation as a defense attorney for the accused N. in a court hearing scheduled for 29.08.2023 at 10:00.

On 21.08.2023 at 12:49 the demand for execution was transferred to lawyer K.

On 29.08.2023 at 10:12 the Center for Subsidized Legal Aid of PASO received information from lawyer K. that he cannot appear at the court hearing upon request, since he is in the Central District Court of the city of Tolyatti.

Due to lawyer K.'s failure to comply with the requirement, the Center for Legal Affairs of the Russian Federation took measures to immediately assign him to another lawyer.

In his explanations, lawyer K. did not refute the circumstances set out in the Vice President's submission.

The Commission found that lawyer K.'s actions constituted a disciplinary offense, stating that, in accordance with paragraph 5, part 9, of the Code of Professional Ethics of a Lawyer, a lawyer may not accept assignments to provide legal assistance in an amount that is obviously greater than he or she is capable of fulfilling; in accordance with part 3, part 10, of the Code of Professional Ethics of a Lawyer, a lawyer must not accept an assignment if its fulfillment would interfere with the fulfillment of another, previously accepted assignment.

******

In other cases, it follows from the clients' complaints that the lawyers improperly formalized the relationship with the clients (did not conclude an agreement in writing), did not pay the fee to the current account of the law firm, received funds into personal accounts, which is a gross violation of the requirements of the legislation on advocacy and indicates improper failure to fulfill professional duties.

In three cases, lawyers carrying out professional activities in the law office accepted funds from clients into personal accounts in banks, thereby violating the requirements of the legislation regarding the procedure for maintaining records of business transactions for citizens carrying out entrepreneurial activities without forming a legal entity.

In order to carry out professional activities in the form of an office, a lawyer must open an account in a credit institution on balance sheet account No. 40802 "Individual Entrepreneurs" of the Chart of Accounts for Accounting in Credit Institutions, approved by the Bank of Russia on November 24, 2022 N 809-P, and not on balance sheet account No. 40817 "Individuals".

Lawyer F., who carries out activities in the Bar Association, accepted funds from clients to his personal accounts (cards) without concluding an agreement, which is unacceptable, since funds for the provision of legal assistance and compensation for expenses associated with the implementation of advocacy activities cannot be received on the lawyer's personal account opened in banks and other credit institutions, but must be credited exclusively to the account of the advocacy association. In addition, with respect to lawyer F., the complainants indicate poor quality legal assistance, which was also established by the Commission on the basis of disciplinary proceedings.

In accordance with Part 2 of Article 25 of the Federal Law "On Advocacy and the Bar in the Russian Federation", an agreement on the provision of legal assistance is a civil law contract concluded in simple written form between the principal and the lawyer (lawyers) for the provision of legal assistance to the principal himself or to the person appointed by him.

The absence of an agreement indicates improper compliance by lawyers with the requirements of the law.

In all cases, the Commission found violations of the norms of the legislation on advocacy and the bar by lawyers.

******

The Commission admitted 23 applicants to take the qualification exam, who will take the exam to acquire the status on November 16, 2023.

PASO Press Center