Meeting of the PASO Qualification Commission

On September 15, 2022, a regular meeting of the Qualification Commission of the Chamber of Advocates of the Samara Region was held.

The range of issues on the agenda was determined by the consideration of disciplinary proceedings, as well as by the admission of a qualification exam for conferring the status of a lawyer for 29 applicants.

Traditionally, the commission began the meeting with disciplinary proceedings. Despite the insignificant number of cases, there were only 8 proceedings on the agenda, the meeting on the intensity of emotions turned out to be hot for both the members of the commission and directly for the participants in the proceedings.

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Heated discussion was aroused by disciplinary proceedings initiated on the proposal of the Vice-President of the PASO, from which it follows that the lawyer G., who entered the criminal case as a defender of the suspect S., took part in the investigative action - an examination of objects, carried out without the participation of the suspect himself . It follows from the protocol of the said investigative action that, while watching the video recording made by the video surveillance camera installed at the scene of the crime, the lawyer G. identified his client in the man depicted on the video recording in a black mask, about which the protocol contains the signatures of the lawyer on each of the three sheets.

At the same time, on the first sheet of the protocol, the lawyer signed for explaining the rights to the specialist, on the second as a witness, and on the third as another participating person. These actions were committed by the lawyer secretly from his principal, and after the committed lawyer, as if nothing had happened, continued to act as a defense counsel in this criminal case.

The indictment drawn up against S. in the list of written evidence confirming S.'s involvement in the incriminated act, among other things, contains the above protocol of inspection of items.

These circumstances are confirmed by copies of the protocol of inspection of objects and the decision of the Samara District Court of the city of Samara on the return of the criminal case to the prosecutor in the manner prescribed by Art. 237 of the Code of Criminal Procedure of the Russian Federation, which established a violation of the right of the accused S. to defense, since during the preliminary investigation, his defense was carried out by lawyer G., who, contrary to existing norms, contributed to the investigation and resolution of the criminal case by giving evidence incriminating the accused, which were subsequently given in the indictment imprisonment as one of the evidence for the prosecution.

The commission unanimously came to the conclusion that the actions of the lawyer contained elements of a disciplinary offense, indicating that the lawyer grossly violated the norms of the Federal Law “On Advocacy and the Bar in the Russian Federation”, the Code of Professional Ethics of a Lawyer and the Code of Criminal Procedure of the Russian Federation, such actions are unacceptable, since they undermine respect for activities of a lawyer and the bar as a whole, discredit a 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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The Commission once again notes that the proper execution of relationships with principals (agreements, financial documents, reports on work performed) is a requirement for a lawyer to properly perform professional duties.

In four disciplinary proceedings, the Commission found violations in the actions of lawyers in terms of formalizing relationships with clients.

A lively discussion was aroused by the disciplinary proceedings against lawyer T., initiated on the basis of a complaint by K., from which it follows that the lawyer, in the absence of legal grounds, took part in the interrogation of the suspect K. in the Investigative Committee of the Investigative Committee of the Russian Federation for the Samara Region in the evening. An agreement on the provision of legal assistance with lawyer T. in the interests of K. was not concluded.

From the explanations of lawyer T. given to the Commission, it follows that at the request of friends of K., the lawyer arrived at the Investigative Committee of the Investigative Committee of the Russian Federation for the Samara Region, found out in whose proceedings the case was, with the permission of the investigator, the lawyer talked with K. for at least two hours. At about 20:00 the lawyer took part in the interrogation of K., who was then detained in accordance with Art. 91 Code of Criminal Procedure of the Russian Federation. Due to the late time, the lawyer was unable to meet with the applicant's relatives, and made an appointment in the morning of the next day. On June 16, 2022, the lawyer arrived at the Investigative Department of the Investigative Committee of the Russian Federation for the Samara Region, met with his wife K., who reported that the relatives had invited another lawyer and T. did not need the services of a lawyer.

The complaint refers to the improper performance of professional duties by the lawyer, expressed in the formal presence of a defense counsel during the interrogation of the applicant as a suspect, advice to plead guilty and sign a protocol of investigative action that does not correspond to K.'s testimony, which subsequently aggravated the procedural situation of K.

The Commission has established the following:

At the time lawyer T. entered the criminal case, an agreement on the provision of legal assistance in the interests of K. had not been concluded with him.

There were no legal grounds for lawyer T. to join the case.

The warrant to intervene in the case on charges of K. for participation in the interrogation of K. as a suspect in an investigative action by T.'s lawyer was issued in the absence of legal grounds and in violation of the requirements of the law.

The commission came to the conclusion that the actions of lawyer T. contained elements of a disciplinary offense.

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In three cases, the Qualification Commission came to the conclusion that it was necessary to terminate disciplinary proceedings due to the absence of violations in the actions of lawyers.

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Twenty-eight applicants have successfully passed the qualification exam and are 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 09/29/2022.

PASO Press Center