Powers, rights and duties of a lawyer. Code of Professional Ethics for Advocates

An advocate is a person who, in the manner prescribed by law, provides qualified legal assistance to his client. In addition, such a person is an independent adviser on various legal issues. The duties of a lawyer are provided for by Federal Law No. 63 of May 31, 2002.

Rights

The lawyer, by the nature of his profession, is called upon to protect citizens not only at the preliminary investigation, but also in court. He is also obliged to give advice on legal issues to persons who applied to him. In addition, in the exercise of his direct duties, he is vested with certain rights. They are as follows:

1. Request from organizations and enterprises, as well as authorities, various documents and information.
2. Interrogate those persons who hold any information on the case, which is carried out, with the consent of the latter.
3. Collect and complete its evidence base.
4. Without certain obstacles to meet with your client even during his detention. At the same time, visits can not be limited.
5. Involve professionals whose help is required to help the trustee. For example, an expert or an interpreter.
6. Detailed study of case materials, fix everything with the help of special devices, while preserving state secrets.

By the nature of its activities, the lawyer is allowed everything that is not directly prohibited by law. This is the main essence of his profession, which consists in providing qualified assistance to people. In addition to the rights granted, there are also certain duties of the lawyer. They are provided for by Federal Law No. 63 of May 31, 2002. In the event that the defender pursues his own selfish interests, which contradict the interests of the principal, then the agreement with him must be terminated and notified to the competent authorities.

Duties

Representing the interests of his client in court or at the stage of preliminary investigation, the attorney assumes certain duties. Therefore, it is necessary to conclude an agreement with him. The duties of an attorney are as follows:

• Conscientiously implement the protection of the rights and interests of his client in all accessible and lawful ways.
• Assist the trustee at the preliminary investigation stage and in court.
• Provide free legal assistance, according to art. 51 CCP.
• To transfer the necessary amount to the needs of the bureau, cabinet or ward.
• Observe the code of professional ethics.
• Do not disclose the information that he became known during the work with the citizen.

The defender should also not engage in entrepreneurial activities, work in organizations or enterprises, and be a civil servant. It is also the duty of the lawyer to comply with the interests of the client and complete agreement with his views on the case. Therefore, if a person considers himself innocent of a perfect crime, then the defender should not think otherwise. Otherwise, they will not be able to work together.

Appointed from the state

In practice, very often there are situations when a person can not pay for himself the services of a professional defender. In this case, the state comes to his aid. It provides him with a lawyer who will conduct the case free of charge. This is provided only for persons accused of committing atrocities. In the civil process there is no such rule. Because a capable citizen himself can quite protect his interests.

The rights and duties of the lawyer appointed by the state are the same as for the private. They are provided for by Federal Law No. 63. Only in this case, the defender will not very diligently defend the interests of his client, because he will receive his salary regardless of the outcome of the case. Despite this, among the state attorneys there are conscientious people who are very anxious about their profession and in any case try to do a good job.

Many of the category of these individuals also offer the principal to pay a certain amount of money for services, after which they will fully maintain the line of defense. As a rule, in such cases the duties of a lawyer are violated by him independently, after which the question arises of continuing his activities in this status.

Violations

The rights and duties of the lawyer are provided for by the Federal Law dated May 31, 2002. It protects citizens from dishonest professionals who use their powers for mercenary purposes. Therefore, an honest and respectable lawyer should not:

1. Cooperate with the bodies of operational-search activity.
2. Disclose information from your client.
3. Declare the fault of the principal if the latter does not agree with this.
4. Accept an instruction from a person who has his interest, participated in the case as a judge, prosecutor, investigator.
5. Occupy a position that is contrary to the interests of the defendant, unless, of course, the latter does not stipulate.

In the event that a professional lawyer who has this status, violates the law, he can be held accountable. The main condition here will be improper performance of the duties of a lawyer. This fact should also be documented. He must have irrefutable evidence.

Forms

A law firm is a common expression among ordinary citizens, who call it a team of professional lawyers working in the same office. In fact, such a concept in the law simply does not exist. Nevertheless, the law firm is divided into several existing types:

• The collegium, which is organized by several defenders. At the same time, each of them works for itself. And a citizen can enter into an agreement with only one of them.
• The Bureau. It is the work of several lawyers who work together. Therefore, all professionals can work with the client at once.
• The office. Opens only for one independent defender who does not have partners.
• Legal consultation. It is created in areas where it is very difficult to get qualified assistance. There is a means allocated by the Chamber of subjects.

Credentials

A person who has the status of an attorney and who is engaged in professional activities in accordance with the law must perform the duties assigned to him and not violate the rights of his principal. In addition, the powers of the defender, who participates in the consideration of civil, criminal and administrative cases, are determined in accordance with the procedural rules.

In certain cases, the lawyer is required to have an order with the form approved by the justice authorities. No one should require the defense counsel or his client to provide an agreement that was concluded between them. The powers and duties of the lawyer are stipulated by the law of 31.05.2002.

Status

An advocate can not engage in business or other activities, except to be a teacher in an educational institution, to get involved in science and creativity. In addition, he can not be on the state, as well as municipal service, because it will contradict the established norms. The lawyer in his work should be guided only by his own convictions and knowledge of the law, which he needs to constantly improve.

To obtain the status of a lawyer, you must have worked for a legal profession (two years after graduating), pass a qualification exam. After that, a person has the right to obtain a warrant and an attorney's order. A citizen can not be prevented from passing this exam unless the norms of the law indicate this.

Professional activity of the lawyer is to provide qualified assistance to the client and defend his interests. If this does not happen, then it is necessary to refuse cooperation with him and entrust the protection of his rights to another specialist.

Accepted norms

In order for the defender to carry out his activities without violating the norms of the law and observe the rules of communication with the client, did not abuse his trust and his powers, there is a certain lawyer ethic. The code of professional ethics of the lawyer was adopted at the All-Russian Congress on January 31, 2003. He is for the defender the main collection of norms and rules for the conduct of professional activities.

In addition, this code fixes the right of witness attorney immunity in relation to his client, which states that he has no right to disclose information that he became aware of from the principal in the course of performing his duties. Every defender who carries out his activities on a professional basis should be as polite as possible with people who have approached him for advice, adhere to certain rules in clothing. In addition, the lawyer should not abuse his authority and neglect the interests of the client.

In the civil process

In this case, the lawyer participates in the case as a representative of one of the parties. To do this, he must provide an order to the court session, confirming the right to protect the interests of the client. If a citizen does not want to be present at the trial, the lawyer should have a power of attorney. Otherwise, the court may simply postpone the trial from the non-appearance of one of the parties.

A lawyer who acts as a representative in court has the right to draw up and sign all documents necessary for the consideration and resolution of a disputable issue. The credentials entrusted to him by the client must be written in the power of attorney, which is certified by a notary. The duties of the lawyer in relation to the client are prescribed in the agreement, one copy of which is passed to the latter personally.

History

The profession of a lawyer gained its fame even in ancient Rome. At that time there were practically no literate and knowledgeable people. Therefore, the functions of lawyers were fulfilled by cartridges. Later they became speakers who practically did not understand anything in the legislative activity.

The College of Lawyers was formed already in the Roman Empire. Then people wishing to become lawyers had to pass a special examination and have certain incomes. Of course, at that time, the device of the college was classical and got its development much later. Nevertheless, the basic norms of laws and the concept of "advocacy" came in modern times precisely from Rome.

Characteristic

The profession of attorney is complex and at the same time quite interesting. Because the defender directly depends on the fate of a person who turned to him for help. Also do not forget that not all experienced lawyers can do their job really competently and help the trustee. Therefore, if the defender, having concluded an agreement with the client, is not sure of achieving the set power and does not make every effort, it is better not to have any business with him.

Every lawyer who takes an oath and receives an ID card must always remember that his profession is to provide qualified assistance to people who find themselves in a difficult life situation.