Professionalism
The principle of the lawyer's work is professionalism
One of the main principles of a lawyer's work is professionalism. It is not legally fixed. However, the legal acts of the Russian Federation contain requirements for a lawyer, among which are the presence of a higher legal education, experience, passing a qualifying exam. Thus, although the principle is not prescribed by law, in fact it exists and is observed.
Who can become a lawyer
A number of requirements are put forward to the applicant for obtaining the status of a lawyer, which are established by Article 9 of the Federal Law "On Advocacy". These are:
- higher legal education;
- at least 2 years of professional experience.
Anyone who has no legal education can also become a lawyer. But subject to an important condition. Such a person should have a degree in law.
Also, the status can be obtained by persons who do not have two years of legal experience. But also under one condition – they must undergo an internship with a lawyer. In fact, this is also a job in a legal specialty. After all, in many ways the intern does the same things as the lawyer himself (with the exception of representing clients in court, government agencies and before third parties). The internship lasts from 1 to 2 years, that is, it may be less than the minimum required legal experience.
Persons who do not qualify for the status of a lawyer cannot:
- recognized as incapacitated or with limited legal capacity;
- have an outstanding or outstanding criminal record.
Thus, by imposing certain requirements on a future lawyer, the law weeds out candidates who do not have proper professional skills.
Qualification exam and status assignment
In order to obtain the status, it is necessary to pass a qualification exam, so it is not limited to compliance with the requirements alone. After all, a candidate can fully comply with them, but still not have sufficient professionalism. The procedure for passing the exam is established by Article 11 of the Federal Law "On Advocacy" and the Regulations of the Federal Chamber of Lawyers of 25.04.2003.
In order to be admitted to the test, the applicant must submit an application, a questionnaire and an extensive list of documents to the regional Chamber of Lawyers. If everything is in order with the papers, the time of the examination is appointed and the qualification commission is convened.
The exam itself consists of 2 parts:
- Theoretical. It is carried out in the form of testing.
- Oral interview. It is a conversation between the qualification commission and the candidate.
Both parts require an excellent knowledge of the law from the applicant for the status of a lawyer. And if the test can still be passed somehow if there are gaps in preparation, then it will not be possible to pass an oral interview in this case. It is indicative of the fact that approximately 30% - 40% of candidates do not pass the exam the first time. They are allowed to repeat the test no earlier than a year later.
If the exam is successfully passed, the qualification commission decides to assign the applicant the status of a lawyer. But it comes into legal force only after the candidate has taken the oath established by Article 13 of the Federal Law "On Advocacy". That's it, now a citizen becomes a full-fledged lawyer and at the same time is entered into a special register of the Ministry of Justice of the Russian Federation.
Termination of the lawyer's status
In accordance with the provisions of Article 16 of the Federal Law "On Advocacy", if a lawyer does not perform or improperly performs his duties to a client, he may be deprived of his status. It is also possible with other manifestations of unprofessional behavior, including:
- disclosure of attorney-client privilege;
- providing false or false information to the qualification commission for access to the exam;
- violation of professional ethics.
After being deprived of the status, the lawyer is no longer entitled to conduct activities.
Lawyer's Code of Professional Ethics
The requirements for the professionalism and behavior of a lawyer are established not only by law, but also by the Code of Professional Ethics. The document was adopted on 31.01.2003 at the I All-Russian Congress of Lawyers. Its requirements are strictly observed.
The Code explains in more detail many provisions of the Federal Law "On Advocacy", puts forward a number of additional requirements for the holder of the status:
- honesty;
- conscientiousness;
- independence;
- decency.
A disciplinary penalty may be applied to a lawyer for violating the norms of the Code. And in case of serious misconduct, he may be deprived of his status.
What does all this mean in practice
There are serious requirements for a lawyer. Applicants for the status pass a difficult exam. The professionalism and behavior of lawyers are carefully monitored. Therefore, the risk of running into a specialist who does not understand the law tends to zero. Such a person simply will not be able to get into the bar.
