Meeting of the PASO Council

On September 23, a regular meeting of the Council of the Chamber of Lawyers of the Samara Region took place.

It began with the swearing-in of nineteen applicants who successfully passed the qualifying examination for the status of a lawyer.

PASO President T. D. Butovchenko wished the new members of the corporation to be successful and in demand in the profession.

The Council granted one application for renewal and one for suspension of the status of a lawyer. The status of five lawyers was terminated on the basis of personal applications, one due to death.

Two lawyers were credited with professional development hours. The lawyers notified the Council about the establishment of the bureau and the liquidation of two offices. Eight lawyers are included in the subsidized legal aid system.

The PASO Council reviewed twenty-one disciplinary proceedings.

Two-thirds of them were initiated in connection with non-payment of deductions for the maintenance of the PASO and the Federal Property Agency of the Russian Federation, while in all cases there were debts for more than five months.

By the beginning of the meeting of the Council, all debts had been paid off.

Remarks were announced to the lawyers.

Two proceedings were initiated on the basis of appeals from judges in connection with the non-appearance of lawyers at court sessions. In one case, the Qualification Commission established the composition of the disciplinary offense. The council agreed with the opinion and issued a warning to the lawyer, already under disciplinary action, to terminate the status. On another complaint, the court's arguments were not confirmed. The lawyer presented the dossier, transcript and audio transcript of the court session, from which it followed that he had appeared at the session on time. The PASO Council agreed with the opinion of the Qualification Commission and terminated the disciplinary proceedings due to the absence in the actions of the lawyer of a violation of the legislation on advocacy and the legal profession.

Another proceeding was initiated against a lawyer who had recently started working in the SJS system. She was assigned a demand to defend the defendant, who had agreements with three Moscow lawyers. At the same time, none of the three went to court. Not being familiar with the mechanism for implementing the Standard for the participation of a defense lawyer in criminal proceedings in such cases, the lawyer refused to appear in court in writing. By the time the disciplinary proceedings were considered by the PASO Council, the colleague had managed to figure out how an appointed attorney should act when entering a case where there is a defender by agreement. Taking into account the sincere regret of the mistake made, the Council considered it possible to terminate the disciplinary proceedings due to their insignificance.

A complaint against another lawyer was also lodged in connection with his assigned defense. At first glance, the situation was typical - the lawyer did not appeal against the extension order. At the meeting of the Council, he explained that he could not receive a written refusal to appeal the client due to the latter being treated in the hospital. Filing a complaint about the extension of the term of detention under the experience of a repeatedly convicted client, according to the lawyer, would not improve his position and would be "useless" Despite the full understanding of the colleague's "good intentions", the members of the Council were forced to explain to him the need to receive a written refusal from the client in advance. appeal against such a decision, otherwise filing a complaint in case of disagreement with the request of the investigator, is a mandatory action provided for by the Standard for the Exercise of Defense by a Lawyer in Criminal Proceedings. Failure to fulfill such a duty shall entail disciplinary proceedings against the defense attorney.

The disciplinary proceedings were terminated due to their insignificance.

Another proceeding was initiated on the basis of a client's complaint, in respect of whom a decision was made on involuntary hospitalization in a psychiatric hospital. At the hearing, the lawyer did not share the client's position and declared the need for his hospitalization, stating that he was ill. In her explanations, the lawyer motivated her position by the fact that in this way she helped the doctors. The PASO Council agreed with the Opinion of the Qualification Commission, which established in the actions of the lawyer the composition of the disciplinary offense, which was expressed in not sharing the position of the principal. The lawyer was selected as a disciplinary measure in the form of a comment.

The last disciplinary proceedings were terminated due to the reconciliation of the parties.

Thirteen lawyers were given thanks.

PASO Press Center