Nikolay Kipnis, advocate, member of Moscow City Chamber of Advocates - - PowerPoint PPT Presentation

Nikolay Kipnis, advocate, member of Moscow City Chamber of Advocates

Historical background

 1864 Legal Reform  1917 - 13,000 lawyers  22nd October 1917, Decree No. 1 of the Council

• f Peoples Commissar’s “On the courts”

 Soviet period  Changes starting from 1986  “On the activities of lawyers and the Bar in the

Russian Federation” – 1st July 2002

Towards the end of the reform

 83 regional bars  58.088 colleagues retained their status  The 1st All-Russian Conference of Advocates on 31st

January 2003

 Federal Chamber of Lawyers of the Russian Federation

State-of-art situation

 single corporation with rules of work and

behaviour common to all

 clear regulations on professional skill

improvement

 self-governing bodies  Special attention: strengthening the status of the

lawyer and guarantees of his professional activities

Forms of legal profession

Collegium (коллегия адвокатов) Law firm (Адвокатское бюро) Sole-practitioner (адвокатский

кабинет)

Moscow City Bar

5 self-administrative bodies

 Annual meeting (conference) of advocates  the Council of the Chamber  President of the Chamber  The Qualification commissions (disciplinary board)  Internal Audit Commission of the Chamber

Qualification Commission

13 members

7 lawyers (incl. President) 6 State representatives 2 federal judges 2 terr. Board Ministry of Justice 2 Local Legislative Board

Code of Professional Ethics of Lawyers

mandatory for all members of the

corporation

“professional honour” and “Russian

advocacy traditions”, and “moral responsibility towards the public”

Structure of the Code

 Section I. Principles and standards of professional

conduct of lawyers. Articles 4-17: concrete rules of professional conduct

 Section II. Fundamental rules of disciplinary

proceedings. Disciplinary sanctions may include: 1) a reprimand, 2) a warning, 3) disbarment.

Disciplinary Sanctions: how?

 6 months

STAGES:

 1) initiation - the President of the Chamber of Lawyers

• f a constituent territory of the Russian Federation;

 2) review of the case by the Qualifications Commission

• f the Chamber of Lawyers of a constituent territory of

the Russian Federation; and

 3) review of the case by the Bar Council of the

Chamber of Lawyers of a constituent territory of the Russian Federation.

Disciplinary Sanctions: why?

 1) complaints by another lawyer, by the lawyer’s client

• r by the client’s legitimate representative, by the

person seeking free legal assistance under Article 26 of the Federal Law on Advocacy and the Bar in the Russian Federation;

 2) presentments by the Chamber’s Vice-President or

by the person acting in that capacity;

 3) presentments by a government authority relating to

the Bar, namely, the territorial board of the Ministry of Justice;

 4) communications of courts (judges) to the Chamber

• f Lawyers.

Submissions requirements 1

 1) the name of the Chamber of Lawyers wherein the

complaint, presentment or communication are submitted;

 2) the full name of the lawyer filing the complaint against

another lawyer, his/her affiliation with a Chamber of Lawyers and a college of lawyers;

 3) the full name and place of residence of the lawyer’s

client, or the name and location of the agency or

• rganization if the claimant is a legal entity, as well as the

name and place of residence (location) of the client’s representative if the complaint is filed thereby;

 4) the name and location of the government authority, as

well as the full name of the executive officer to file the relevant presentment or communication;

Submissions requirements 2

 5) the full name of the lawyer against whom disciplinary

proceedings are being sought, as well as his/her affiliation with the relevant college of lawyers, the reference data on the agreement of legal assistance (where applicable) and/or

• rder;

 6) the lawyer’s specific actions (or omissions), which

constituted violation of his/her professional duties;

 7) facts underlying the claim as stated in the relevant

complaint, presentment or communication, and evidence in support of such facts; and

 8) a list of documents attached to such complaint,

presentment or communication.

Grievance:

 Related to professional duties  NO link to operation of

colleges of lawyers

 NO anonymous

Rights of participants in disciplinary proceedings

 1) familiarize with case records, take notes and make copies

• f the documents;

 2) attend the hearings by the Qualifications Commission

and the Bar Council in person and/or send their representatives;

 3) give oral or written explanations on the merits of the

case, and submit evidence;

 4) familiarize themselves with the hearings’ records and

with the written opinion of the Qualifications Commission; and

 5) submit to the Bar Council their explanations, if

disagreeing with the opinion of the Qualifications Commission.

Qualifications Commission may conclude in final resolution

 1) a violation/ failure to perform or inappropriate performance

/ failure to execute decisions;

 2) no violation / proper execution of professional duties to the

client or to the Chamber of Lawyers;

 3) termination  existence of an earlier opinion in the course

• f disciplinary proceedings featuring the same participants,

subject-matter and grounds;

 4) termination  withdrawal of the complaint, presentment

• r communication/ reconciliation of the claimant and the

lawyer;

 5) termination  expiry of the statute of limitations for

disciplinary liability; or that

 6) termination  the Qualifications Commission, while

reviewing the case, failed to find legitimate reason for the initiation of disciplinary proceedings.

The Bar Council may decide that:

 1) disciplinary sanctions  action/omission = a violation/failure

to perform or inappropriate performance of professional duties to the client, or the lawyer failed to execute the decisions adopted by the management of the Chamber of Lawyers

 2) disciplinary proceedings must be terminated  NO violation,

• r due to the lawyers’ proper execution of professional duties to

the client or to the Chamber of Lawyers, in line with or contrary to the opinion of the Qualifications Commission, if the Commission, having correctly established the facts of the case, has given an incorrect legal qualification of the lawyer’s conduct or has incorrectly interpreted the provisions of law and this Code;

 3) disciplinary proceedings must be terminated  existence of

an earlier opinion featuring the same participants, subject- matter and grounds;

The Bar Council may decide that

 4) disciplinary proceedings must be terminated  withdrawal of

the complaint, presentment or communication, or due to the reconciliation of the claimant and the lawyer;

 5) the disciplinary case must be returned to and reviewed

anew by the Qualifications Commission;

 6) disciplinary proceedings must be terminated  expiry of the

statute of limitations for disciplinary liability as discovered by the Bar Council or by the Qualifications Commission during the case review;

 7) disciplinary proceedings must be terminated due to the

insignificant nature of the lawyer’s misconduct, and the lawyer must be advised of his/her misconduct

 8) disciplinary proceedings must be terminated  failure to find

legitimate reason for the initiation of disciplinary proceedings.

Thank you!