Meeting of the Qualification Commission of the PASO

On March 16, 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, three - at the suggestion of the Vice President of the PASO, three - on the complaints of clients.

The second part of the meeting of the Qualification Commission was devoted to the acceptance of the qualification exam for assigning the status of an advocate from 32 applicants.

All proceedings were considered on the merits, in two cases the Commission came to the conclusion on the need to terminate disciplinary proceedings due to the absence of violations in the actions of the advocates, one was postponed at the request of the advocate, who indicated reconciliation with the client and the need to provide time for registration, in the remaining cases, violations were found in the actions of the advocates.

*****

From the appeal of the judge of the Samara Regional Court, it was evident that he was handling a criminal case against S., in which, by agreement with the defendant in the first instance, lawyer F. participated. Lawyer F. filed an appeal in the interests of the defendant, which was accepted by the court for proceedings, a court hearing was scheduled to consider it, about which lawyer F. was notified.

During the notification, lawyer F. confirmed that he had an agreement to represent the interests of the defendant in the court hearing of the appellate instance and announced his intention to participate. On November 15, 2022, the court hearing was postponed to November 18, 2022 due to technical problems in the videoconferencing system and the impossibility of the defendants participating in the hearing; the participants in the process present at the hearing, including lawyer F., were notified of the date and time by signature. On 11/18/2022, the lawyer failed to appear at the court hearing, did not notify the court in advance, and did not inform the court of the reasons for his failure to appear, which resulted in a repeated postponement of the court hearing.

These circumstances are confirmed by the copies of the minutes of the court hearings, a telephone message, and a receipt for notification submitted by the court.

The Commission found elements of a disciplinary offense, the members of the Commission pointed out to the lawyer that such actions were inadmissible, since they led to the disruption of the court hearing, which indicates disrespect for the court and the participants in the process.

*****

From the submission of the Vice President of the PASO regarding lawyer D., it follows that on 01/23/2023, the lawyer, who was defending the accused M. as appointed by the investigator, in the manner prescribed by Art. 50 of the Criminal Procedure Code of the Russian Federation, while in the Pension Fund of the Russian Federation at IK-15 of the Federal Penitentiary Service of the Russian Federation for the Samara Region, took part in a confrontation between her client and the victim. At the end of the investigative action, the accused M. and the lawyer D. refused to sign the protocol of the confrontation, citing a lack of confidence in the investigator, whom they had challenged.

The above circumstances are confirmed by a copy of the protocol of the confrontation, attached to the investigator's appeal, in which the signatures of the lawyer D. are missing, as well as by video recordings recording the course of the procedural action, presented by the investigator.

In her explanations, the lawyer, without refuting the factual circumstances, insisted that she acted lawfully.

The Commission established the presence of a disciplinary offense in the lawyer's actions.

*****

The Vice President of the PASO made two submissions regarding lawyers who have arrears in monthly contributions to 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 both cases the presence of disciplinary offences, the Commission draws the attention of colleagues to the obligation of the lawyer to make monthly contributions for the general needs of the Bar Association in the manner and in the amounts determined by the meeting (conference) of lawyers of the Bar Association of the relevant subject of the Russian Federation, as well as to make contributions for the maintenance of the relevant lawyer's office, the relevant bar association or the relevant law firm in the manner and in the amounts established by the legal entity.

For failure to perform or improper performance of his duties, the 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).

Violation by a lawyer 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, entails 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 of Article 18 of the Code).

*****

Thirty-one candidates successfully passed the qualification exam. All are invited to take the oath at a meeting of the Council of the Chamber of Advocates of the Samara Region, which will take place on 30.03.2023.

PASO Press Center