There is a certain procedure for acquiring the status of a lawyer. Today, any person has the right to appeal to people of this profession in order to confirm their rights or to defend themselves in the framework of the criminal process. Public proceedings are impossible without the prosecutor's office and the bar. In recent years, advocates have been hired even by ordinary citizens who care about protecting their legitimate interests.
Profession specifics
A person applying for the status of a lawyer must have a higher legal education, have a positive reputation in society, and not be dependent on authorities. What is meant by the concept of "advocacy"? This is legal assistance provided by highly qualified specialists.
The conditions for acquiring advocate status are specified in federal law. The activities conducted by these specialists are not entrepreneurship.
What does not apply to advocacy
This category does not fit legal assistance, which is provided in the following categories:
- legal officers, government representatives;
- employees of organizations that provide legal plan services;
- patent attorneys, notaries.
Theoretical aspects of the profession
Translated from the Latin language, the word "lawyer" means "invite." This profession includes persons who have received, in accordance with the Federal Law "On Advocacy in the Russian Federation", the status and right to conduct advocacy. He is a professional independent adviser on any legal issues. Representatives of this profession do not have the right to enter into labor relations in the form of an employee, to occupy leadership positions in municipal, state authorities. The exception is teaching, scientific and other creative activities.
Since the acquisition of the status of a lawyer is a long process, he has the right to combine his main activity with the leadership of the lawyer education, activities in the Federal Chamber of Lawyers of the Russian Federation, as well as in international associations of this profile.
Activities
The versatility of advocacy is associated with the following areas:
- drawing up complaints, statements of a legal nature;
- conducting explanations, consultations for citizens;
- Representation of client's interests in the arbitration process;
- participation in the form of counsel for the suspect or accused, as well as the victim in criminal matters;
- Representation of client's interests in cases related to administrative offenses.
The compilation of various legal documents, certificates and legal advice in the form of an independent area of advocacy is possible in cases where citizens once seek advice, and the subject of the agreement is a specific professional action, for example, filing a lawsuit.
If the lawyer has taken upon himself the duty of protecting the client in a criminal case or representation in an arbitration or civil case, in this case the drafting of legal documents, the provision of consultations, certificates is his direct official duties. For this, the client must not conclude any additional agreement with his defense counsel.
The area of advocacy, which relates to representation in arbitration and civil cases, is justified in the arbitration and civil procedural laws of the Russian Federation.
Activity Options
Article 43 of the Code of Civil Procedure refers to the right of citizens and legal entities to conduct civil cases in court, both personally and through representatives, including lawyers. The powers of the defense attorney as a representative of a certain party in the process are confirmed by a warrant, which is issued by legal advice. If the client gives the representative the right to perform certain actions on his behalf, the lawyer acts within the framework of Art. 47 GIC. The defender has the right to participate in the proceedings on the case of an administrative offense, from the stage of compiling a protocol on the act, and when detaining a person - from the period of administrative arrest. An attorney may familiarize himself with the case materials, provide certain evidence, submit challenges and petitions, take part in the consideration of the case, appeal the decision, use other procedural legal rights.
The defense attorney of the accused, the suspect in the criminal case must use all the means and methods of protection specified in the law to identify circumstances that would justify the defendant, reduce his responsibility, and provide him with the necessary legal assistance. An attorney has the right to an unlimited number of visits with his client without restrictions on the duration. In addition, he may take part in the interrogation of the accused and suspect, other investigative actions that are carried out with their direct participation. The lawyer gets acquainted with the protocols of investigative actions, the materials that should be provided to the client, etc.
Other powers
In addition to the function of a defender, a lawyer in the criminal process has the right to act as a representative of the victim, that is, that individual who has suffered physical, moral or property damage as a result of an act committed by another person.
A lawyer is a legal representative of a victim, civil plaintiff or defendant in a criminal proceeding.
Citizens especially need qualified legal assistance in cases where they are recognized as temporarily unsuitable for certain types of professional activities due to mental illness. All areas of activity of representatives of this legal specialty are important and complex events.
Serious situations, which involve the participation of lawyers, are characteristic of criminal proceedings, where they decide on the guilt or innocence of a client, his freedom, as well as the subsequent fate of a citizen.
Responsibilities and Powers
Obtaining the status of a lawyer is a responsible and lengthy process, so not all lawyers acquire such qualifications. The powers of such a person who participates in the form of a representative of the principal in civil, constitutional, administrative proceedings, as well as in the form of a defense counsel or representative of the principal in criminal proceedings, are regulated by the procedural legislation of the Russian Federation. The lawyer has the following rights:
- collect information that is needed to provide assistance, including requesting certificates, characteristics and other documents from authorities, local self-government.
Grounds for status
Acquisition of the status of a lawyer involves a certain procedure of actions. First, a person applying for this status must obtain a higher legal education in a state institution of senior management. In addition, a person who plans to become an official advocate must have at least two years of experience in the legal profession.
To obtain the status of a lawyer, you must obtain admission to the qualification exam.
Prohibition status options
The following persons cannot apply for the title of advocate and practice of advocacy:
- recognized by the legislation of the Russian Federation as incompetent or partially incompetent;
- having an unexpunged or outstanding conviction for a deliberate crime.
The acquisition and termination of the status of a lawyer is the prerogative of the special qualification commission, which exists under the lawyer chamber of a subject of the Russian Federation. After the candidate passes the qualification exam for this post, the members of the commission make a decision on satisfaction or refusal to assign the requested status. What else is associated with acquiring the status of a lawyer? For this, the candidate must have two years of legal experience, which includes the following activities:
- refereeing;
- government posts in municipal, federal authorities;
- work in research institutions;
- teacher of legal disciplines in educational institutions of secondary vocational, higher, postgraduate education;
- advocacy;
- notary.
To acquire the status of a lawyer, a qualification exam for a given position can be taken only to those persons who have experience in this field. An accredited specialist can carry out his professional activities in our country without additional notice and permission.
Specific requirements
Acquisition, suspension and termination of the status of a lawyer - all these actions belong to the powers of a special commission. The candidate provides a copy of the official document that certifies his identity. He also fills out a questionnaire, which suggests detailed biographical information. A copy of the document (work book) is submitted to the commission, which confirms the existence of legal experience, as well as a copy of the document confirming the completion of a specialized state higher education institution. If the candidate provides false information, he will not be given the status of a lawyer. The acquisition and suspension of this right are privileges of a special commission under the advocacy of the Russian Federation.
If necessary, the commission within 2 months verifies the authenticity of the documents and information provided by the candidate. She may make additional inquiries to state bodies in order to confirm the accuracy of the information. After completion of the audit, the commission members decide on the admission of the applicant to pass the qualification exam.
It consists of several written responses and an oral interview. Within three months after the candidate submits the documents, the specialists make a decision on the satisfaction or refusal of the person to his application.
Conclusion
If in the twentieth century a lawyer was considered a fashionable European trend, and only wealthy citizens of our country used his services, now representatives of this specialization are in demand even among ordinary citizens of Russia.