Meeting of the Qualification Commission of the PASO

On 15.02.2024, the regular meeting of the Qualification Commission of the Chamber of Advocates of the Samara Region was held.

The agenda of the meeting included nine disciplinary proceedings for consideration, one of which was initiated based on a court report, four - based on a submission by the Vice President of the Chamber of Advocates of the Samara Region, and four - based on complaints from clients.

Eight proceedings were considered on the merits, of which in two cases the Commission came to the conclusion that they needed to be terminated due to the absence of violations in the actions of the lawyers, in one case - due to reconciliation between the lawyer and the complainant, one disciplinary proceeding was postponed for reasons recognized by the Commission as valid, in the remaining cases, violations were found in the actions of the lawyers.

*****

It follows from the court's appeal that it is handling a criminal case against D., whose interests were represented by lawyer S., who showed disrespect for the court and all persons present in the courtroom, as well as improper behavior during the court hearing.

Thus, during the court hearing on 06.10.2023, the lawyer showed disrespect for the court and the judicial system, did not respond to the regular comments of the presiding judge, interrupted the presiding judge, answering the court's questions for the defendant, thereby violating the rules of the court hearing.

During the court hearing on 23.11.2023, speaking in the debate of the parties in defense of his client, the lawyer also showed disrespect for both the court and the judicial system, expressing his opinion regarding the material evidence examined at the request of the defense: "... only the lazy did not come in and chuckle. It is immediately obvious that all the people who currently serve in the court are very familiar with this smell < of marijuana>, apparently, they live with it...", also allowed the following expressions in his speech: "... has anyone at least read Part 1 of Article 73 in this office? It seems like all the lawyers are gathering", allowed offensive expressions in his speech, both addressed to the participants in the process and to the expert who gave an opinion within the framework of this criminal case.

According to the court, lawyer S. demonstrated disrespect for the court and all persons present in the courtroom by his actions, allowed improper behavior during the trial, violated the Federal Law "On Advocacy and the Bar in the Russian Federation", the code of professional ethics of a lawyer.

Lawyer S. submitted explanations to the Commission in which he disagrees with the arguments presented in the court's appeal, considers them far-fetched, points out the discrepancy between the content of the presented minutes of the court hearings and their audio recordings, and informs about the submission of comments on the said minutes. He believes that his actions do not violate regulatory acts and rules of conduct in court.

The Commission, having studied the materials of the disciplinary proceedings, including the audio minutes of the court hearings, came to the conclusion that the lawyer's actions do not constitute a disciplinary offense.

*****

The Vice President of the PASO has submitted two 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 in the actions of lawyers the presence of elements of a disciplinary offense, the Commission draws the attention of colleagues to the fact that a 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 corresponding subject of the Russian Federation, as well as to make payments for the maintenance of the corresponding lawyer's office, the corresponding college of advocates or the corresponding 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.

******

The Vice President of the Chamber of Advocates of the Samara Region made two submissions on the initiation of disciplinary proceedings against attorney D. and attorney O., from which it follows that in accordance with the Decision of the Council of the Chamber of Advocates of the Samara Region No. 22-09-7.2/SP dated September 28, 2022, an inspection was carried out of the execution by attorneys of the Decision of the Council of the Chamber of Advocates of the Samara Region No. 14-11-08/SP dated November 27, 2014 "On approval of the Rules of the Chamber of Advocates of the Samara Region for the implementation of the Procedure for appointing attorneys as defense attorneys in criminal proceedings, approved by the decision of the Council of the Federal Chamber of Advocates of the Russian Federation dated March 15, 2019", for the period from January 1, 2023 to February 31, 2023 in the Kuibyshevsky and Sovetsky districts of the urban district of Samara, in the Komsomolsky district of the urban district of Tolyatti, in g.o.Novokuibyshevsk, in Kamyshlinsky, Klyavlinsky districts of Samara region.

The results of the inspection established that attorney D., when protecting the interests of Z., Sh. and S., repeatedly committed procedural actions aimed not at protecting the interests of the client, but at inflating the cost of providing legal assistance by artificially increasing the number of court days paid from the federal budget, which indicates that the attorney was providing legal assistance for his own benefit.

Attorney O., when protecting the interests of A., S. and K., in the absence of grounds provided by law, repeatedly filed similar and far-fetched petitions that were not aimed at protecting the interests of the clients, but at inflating the cost of providing legal assistance by artificially increasing the number of court days paid from the federal budget, which indicates that the attorney was providing legal assistance for his own benefit.

Attorney D. presented explanations from which it follows that he was protecting the interests of Z., Sh. and S. at the stage of preliminary investigation and trial. He believes that as a result of his work on the cases, certain results have been achieved that indicate the groundlessness of the claims set out in the submission. He also explains that he has taken into account the arguments given in the Order on the initiation of disciplinary proceedings against him, he has made the necessary conclusions, and undertakes not to commit any violations in the future.

Lawyer O. also submitted explanations to the commission in which he disagrees with the submission, considers it unfounded, and indicated that he chose an active method of defense, guided by the law and the interests of his clients. In support of his arguments, he presented the lawyers' proceedings.

In both cases, the commission came to the conclusion that the lawyers' actions constituted disciplinary offenses.

******

It follows from the complaint of citizen T. that she entered into an agreement with lawyer A. in a case challenging a sale and purchase transaction for a share in an apartment between R. and G. She indicated that R. is the grandmother of her husband, who is the grandmother's guardian due to her being declared incompetent. The applicant's husband issued a power of attorney to lawyer A. and her to conduct the case. Citizen G. (the defendant in the case) attached to the case materials receipts for the amount of 1,405,000 rubles (the value of the share in the contested transaction), signed by the grandmother, which was confirmed by a handwriting examination. The grandmother did not receive the money, which the plaintiff repeatedly stated in court hearings. However, at the last hearing, lawyer A. filed clarifications to the claim, in which he "admitted the transfer of money to the grandmother, i.e. he obliged the grandmother to pay G. the entire amount under the agreement." The applicant points out the lack of coordination with her as a principal of the said actions of lawyer A., ​​considers these actions to violate her rights and the rights of her spouse "represented by guardian R." As follows from the complaint, lawyer A. from the very beginning acted under the power of attorney issued by the applicant without drawing up an agreement with him, violated, in the opinion of the applicant, her rights, since he did not provide legal assistance.

Lawyer A. submitted explanations and the lawyer's proceedings to the Commission, which, in part, do not refute the arguments of the applicant.

The Commission found in the lawyer's actions violations of the norms of the legislation on advocacy and the bar in terms of improper registration of relations with the client.

******

The Commission unanimously voted to admit eighteen applicants for status to take the qualification exam.

******

The Commission's findings 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 02/29/2024.

PASO Press Center