The professional code of conduct of Russian attorneys has existed for more than 14 years and has changed many times over the years. Nevertheless, this document still needs further amendments, lawyers are sure, with whom "Pravo.ru" spoke. Professional attorneys told the publication what the code's norm does not meet modern realities, why it is necessary to toughen the responsibility for assistants and trainees, and also proposed to introduce rules for business advocacy.
In January 2003, the first All-Russian Congress of Attorneys adopted the professional code of conduct for Defenders. The document provides that "the activity of the advocacy community is impossible without observance of corporate discipline and professional ethics, the care of attorneys about their honor and dignity, as well as the authority of the bar." Over the past 14 years, the code has changed five times. The last 19 amendments were included in the spring of this year. Three of them caused particularly heated debates (see: "Becoming more ethical with the new standards": the results of the All-Russian Congress of Attorneys.) In particular, the professional code of conduct adopted a provision on the basis of which the attorney "should avoid actions that undermine confidence in him and the bar "(Item 2, Article 5) Now it is necessary to think about the authority of the profession as a defender not only at work but also abroad, for example, one will have to behave more restraint when communicating on the Internet. One more sensational change - from now on in any situation, the defender of the" is obliged to preserve honor and dignity, to avoid anything that might damage the authority of the bar or undermine the credibility of it ", if it is obvious that he belongs to the professional community (paragraph 5 of Article 9). In addition, the defenders were forbidden to use expressions that detract honor and dignity not only a specific attorney, but also the entire advocacy community (clause 1, article 15).
Despite so many amendments to the code, attorneys still have proposals to change this document. Professional defenders shared their ideas on this topic with "Pravo.ru".
Alina Zelenskaya, the attorney of the National Law Company “Mitra”, proposes to amend the following points:
1. This year the concept of "the authority of the advocacy" appeared in the code. With the interpretation of such a term, problems may arise, because this is an evaluation category. More precise criteria are needed for its definition.
2. Assistants and trainee attorneys, as well as other employees of legal practice give a subscription on the non-disclosure of lawyer secrets. However, the Code does not provide for punishment for violation of this requirement. It is necessary to toughen this norm, because in fact the assistants have full access to the attorney's affairs and can take advantage of this opportunity for mercenary purposes.
3. The professional code of conduct applies only to an attorney, not to an applicant. That is, people who repeatedly abused the law, were brought to administrative responsibility and openly rudely criticized the corporation, can obtain the status of a lawyer. So, these rules should be extended to the applicant as well.
Materials were taken from “Pravo.ru”
