PASO Board Meeting
On January 26, 2023, the first meeting of the Council of the Chamber of Advocates of the Samara Region took place this year.
The main issue on the agenda was the issue of convening the Twenty-third (regular) annual conference of lawyers of the Samara region. It will take place on May 25, 2023 at 11:00 am in the conference hall of the Ice Palace of Sports. The meeting of small bar associations for the election of conference delegates will be held on March 23, 2021 at 10:00.
Lawyers with more than 5 members must submit decisions on the selection of delegates to the PASO by April 28, 2023.
One of the issues on the agenda of the conference will be the election of the President of the Chamber of Advocates of the Samara Region in accordance with Part 6.1 of Art. 31 of the Federal Law "On advocacy and advocacy in the Russian Federation".
It is not planned to change the amount of mandatory contributions for the needs of PASO.
Two applicants who successfully passed the qualifying examination in November swore allegiance to the lawyer's duty. PASO President T.D. Butovchenko congratulated them on joining the corporation and wished to always remember that, based on the content of the oath of allegiance to the lawyer's duty, they swore to abide by the Constitution of the Russian Federation, Russian laws and the Lawyer's Code of Professional Ethics.
The Council suspended the status of three and resumed the status of one lawyer. The status of five lawyers was terminated.
In one of the cases - in connection with death. After a serious illness, Verstova Svetlana Vasilievna passed away. May her memory be blessed.
The status of another lawyer was terminated due to the entry into force of the court verdict. By virtue of the provisions of the law, the Council was unable to satisfy the request of the lawyer and postpone the termination of the status until the case was considered by the court of cassation. According to p.p. 4 p. 1 art. 17 of the Federal Law “On Advocacy and the Bar in the Russian Federation”, the status of a lawyer is terminated by the Council of the Chamber of Advocates of the constituent entity of the Russian Federation, in the regional register of which information about the lawyer is entered, in the event that a court verdict on the recognition of the lawyer guilty of an intentional crime comes into force. Continuation by a lawyer of professional activity after the date of entry into force of the verdict creates grounds for declaring inadmissible procedural actions with his participation.
Five lawyers notified the PASO Council of the establishment of cabinets.
The Council received twenty-one applications for inclusion in the SF system. In two cases, lawyers were denied due to the presence of arrears in deductions for the maintenance of the PASO. Two more lawyers were excluded from the system as a result of the quality control of the provision of subsidized legal aid due to the failure to submit a dossier. Under such circumstances, lawyers will be able to return to the system only after consideration of disciplinary proceedings by the Qualification Commission and a decision by the PASO Council.
Five attorneys have submitted applications to the Board for their compliance with the Professional Training Standard. All applications were satisfied, but some were partially satisfied, since the lawyers submitted documents confirming the completion of training in the amount of more than 30 hours, established by paragraph 13 of the Standard.
Thank you to twelve lawyers.
The Council considered twelve disciplinary proceedings.
The first was initiated on the complaint of a client who has already been convicted. The lawyer who defended her during the preliminary investigation testified in this case without receiving written consent from the principal. The agreement between them was also not formalized in writing, although the lawyer in the case issued warrants. During interrogation, the defender actually testified against her client. After the principal has concluded an agreement with another defender. The lawyer sent a petition to the investigator, in which she asked to change the measure of restraint for her former client from house arrest to detention, substantiating the request with incoming calls of threatening content, indicating that such calls from the detention center would stop. The Qualification Commission saw gross violations of the CEA in the lawyer's actions. The commission separately noted that a lawyer can testify about the circumstances of the provision of legal assistance to him only with the written consent of the principal and only in his interests. Testifying against the principal was regarded by the Commission as a betrayal of his interests and the most serious disciplinary offense that a lawyer can commit. The PASO Council unanimously decided to terminate the status of a lawyer with a ban on passing the Qualifying Exam for a period of 5 years.
In another case, the convict and his mother, who paid for the assistance of a lawyer, filed a complaint about improper formalization of relations with them. The lawyer entered into an agreement after she had actually entered the case and issued a warrant. The defendant's mother transferred the money to the lawyer on a personal bank card, the money was received on the settlement account of the lawyer's education only a few months later. According to these arguments of the complaint, the lawyer explained that at the time of joining the case, she was in the process of leaving the collegium and opening a lawyer's office. Paperwork in the Department of the Ministry of Justice, the Federal Tax Service and the bank took a long time, in connection with this, she could not immediately credit the funds. Another argument of the principals was related to several cases of the lawyer’s failure to appear at court hearings on the extension of the detention period and the lack of a lawyer’s receipt from the principal refusing to file a complaint against the extension rulings. In all three cases of non-appearance, the lawyer provided evidence that the reasons for the non-appearance were valid. The Commission made no comments on the quality of the lawyer's work. When deciding on the measure of responsibility for the Council, the position of the lawyer himself was of significant importance. By the Council meeting, the lawyer corrected some of the violations and promised to eliminate them in the future. The lawyer concluded that it is necessary to comply with the law governing the actions of a lawyer in relations with clients and that this is required not just “for show”, but in order to protect oneself from claims. In such circumstances, the Council considered it possible to terminate the disciplinary proceedings due to the insignificance of the misconduct committed.
A similar complaint was filed against another lawyer: a number of essential conditions were not specified in the agreement, and the lawyer's signature was also missing. There was also an untimely posting of the fee. At the same time, the quality of the lawyer's work did not cause any complaints from the Qualification Commission. The lawyer was pointed out the need to draw up the agreement properly and be sure to put his signature in it, as in any civil law contract. Disciplinary proceedings were terminated due to insignificance.
Another proceeding was initiated upon the appeal of the court against a lawyer representing the victim in a criminal case. Throughout the entire process, he allowed disrespectful and rude behavior and statements in relation to the presiding officer and other participants in the process. Audio recordings were attached to the appeal of the judge. Rough words and expressions poured on them like a stream. By his behavior, the lawyer turned the consideration of the case from a normal working process into a torment for all participants. At the same time, at the time of consideration of the disciplinary proceedings by the Council, he already had a valid warning about the termination of his status, and before that, a measure of disciplinary liability in the form of termination of his status had already been applied to him twice. Despite the fact that during the consideration of the disciplinary proceedings, the lawyer repented and promised not to allow such behavior in the future, his words did not convince all members of the Council. When voting, their positions were divided. By a one-man majority, the Council voted to give the colleague one last chance and this time to keep the status, with the absolute understanding that with two warnings in place, any slightest violation of the CEA could lead to the termination of the status.
The following proceedings were initiated on the proposal of the vice president, made on the basis of the investigator's report on the actions of the lawyer who participated in the criminal case on demand. The case under Part 2 of Art. 159 of the Criminal Code of the Russian Federation was initiated on the fact of the theft of two audio speakers from a car, the accused immediately pleaded guilty and compensated the victim for the damage. Despite this, the lawyer submitted an application for payment for 19 court days. Initially, all petitions were rated by her as drawn up during non-working hours, but after the initiation of disciplinary proceedings, corrections were made in this part. In addition, as separate days, the dates for filing applications for a certificate of employment, family composition, etc. were indicated, and separately - the dates when the lawyer arrived and brought each certificate to the investigator. The application indicates five trips of the lawyer to the colony-settlement to the client, all weekends and holidays and, of course, from the point of view of the lawyer, at higher rates of payment. The Qualification Commission saw the elements of a disciplinary offense in the actions of the lawyer and considered that most of the actions were indicated in the application for the sole purpose of increasing the amount of payment and were not due to the need for real legal assistance to the principal. At the meeting of the Council, the lawyer said that she had completely revised the application and understood the inadmissibility of such obvious additions in applications for remuneration of her labor from the budget. She appealed to the Council with a request to apply the provision of the CEA on the insignificance of the misconduct committed by her and thereby asked for the possibility of maintaining the opportunity to work in the SYP system, indicated that she had two children in support and work for her assignment was very important to her. Due to the fact that the lawyer had not previously been disciplined, the Board granted her request.
The Council of the PASO addresses lawyers with a serious warning about the inadmissibility of inventing various methods of behavior aimed at abusing the right to reimbursement of court expenses at the expense of the budget of the Russian Federation when working on cases assigned by bodies of inquiry, investigation and court. Such actions can, under certain circumstances, be considered not only as disciplinary offenses, but also form part of a criminally punishable act. Similar precedents have already taken place in some regions of the Russian Federation.
Three proceedings against lawyers who already had warnings in connection with arrears in the payment of membership fees were initiated in connection with new arrears. By the meeting of the Council, the debts for the payment of monthly deductions were paid off, in connection with this, warnings were again announced to the lawyers. Non-payers are excluded from the lists of the SF PASO Center for a period of one year.
Three more proceedings were terminated in connection with the reconciliation of the parties, and one - in connection with the absence of a disciplinary offense in the actions of the lawyer established by the Qualification Commission.
The Council decided to hold a celebratory billiards tournament among lawyers on February 23. According to tradition, it will take place in the entertainment complex "PaintHous". All comers are invited both to participate in the tournament and to join the fan team.