An advocate was unable to recover losses for the period of disbarment

28.09.2014

A conflict about a timetable on the cases by appointment resulted in disbarment of Dmitry Zakharchenko, a Buryat advocate, but he was able to return to the Bar with the help of a court. However, no lost profits were recovered from the Chamber in the first instance.

The Buryatia advocates decided to get rid of Dmitry Zakharchenko, who had joined the corporation in January of 2012, in the summer of 2013. This was motivated by the fact that the latter, according to the supervisors, entered into cases by appointment with breaches of the timetable and the procedure of participation. So it is said in the materials of the subsequent court trial. 

Experts see the logic in this decision. Advocate Vasily Raudin, head of group of the Law Firm "YUST", believes that the lost profits cannot be discussed in such situations. He says: “When there is no advocate’s monopoly, the Chamber’s disbarment decision does not violate the person’s rights to profits from entrepreneurship in any way. That same person may still be representative without the advocate’s status for most cases, maintaining the same clients, but for criminal cases. The Chamber did not hinder his business in other branches of the practice, and there is no specialization within the Bar in Russia”.