Russian advocacy and the challenges of the modern times

On May 31, the Day of the Russian Advocacy, the round table “Russian advocacy and the challenges of the modern times” was held at the International Multimedia Press Center of RIA Novosti. The event counted with the support of the Russian Legal and Judicial Information Agency (RAPSI). Henry Reznik, President of the Chamber of Advocates of the city of Moscow, Yury Pilipenko, First Vice President of the FCA of Russia, Managing Partner of the MBA “Law Firm "YUST"“, Yury Kostanov, representative of the FCA of Russia in the superior courts of the Russian Federation, Yuly Tay, Managing Partner of Bartolus Advocacy Bureau, Alexander Muranov, Managing Partner of the Bar Association “Muranov, Chernyakov and Partners”.

H.Reznik called the attention of those present to the fact that, according to the Fundamental Law, legal assistance may be rendered gratuitously. However, this does not mean that the advocate’s services are free – everyone’s labour must be remunerated. The President of the Chamber of Advocates of Moscow expressed his satisfaction at the increase of the value of one court day from the current 275 roubles to 425 roubles – “the shame remains, but is reduced”.

Furthering the issue, Yury Kostanov noted that said price would ideally include the advocate’s travel expenses and much else. Even if it is not that costly to cover distances in the region of the capital, travelling in the regions may incur sufficient expenses. And lamentably, he said, the state does not always compensate for them.

Yury Pilipenko, in his turn, expressed his content at that the theme of the advocate’s monopoly to representation in courts gained topicality and is once again discussed in many places. He said: “The problem is the absence of the monopoly, and not the monopoly itself”. He is convinced that the advocate’s monopoly is natural, much like the medic’s. Today the sphere of legal assistance is subject to double or even triple standards. There are no requirements whatsoever to the people who go to courts. That is why the state’s assistance is needed to create certain civilization borders and to eliminate the existing dualism. Y.Pilipenko suggested having no fear of the term “advocate’s monopoly”, saying: “Rejection of a sensible term leads nowhere”. Moreover, according to him, the Chamber has received the draft law, elaborated by the SCA of Russia, to introduce amendments to the APCRF on the problem of representation in courts. The draft law suggests considering that the advocates who take part in the arbitration disputes are accredited at the courts of arbitration. Y.Pilipenko declared that the Chamber would support such document: “The judges are also tired of the lack of professionalism of the lawyers”.

H.Reznik agreed with his colleague: the situation with the legal assistance is even more shameful than with the value of one court day. Everyone is guaranteed qualified legal assistance, and nowadays it so happens that everyone may render such assistance, as this requires no education.

Yuly Tay, Managing Partner of Bartolus Advocacy Bureau, is of a similar opinion: the judges need people who speak the same professional language; it will be easier to understand each other then.

For more details of the round table “Russian advocacy and the challenges of the modern times” see:

RIA Novosti: Accreditation may be implemented for lawyers who take part in arbitration

RAPSI: Reznik still believes that the remuneration of the advocates by appointment is shameful

Pravo.RU: The SCA again initiates the implementation of the system of accredited court attorneys