How to check the status of a lawyer?


Determine the category of the case for which legal assistance is needed

In order to find a lawyer or lawyer, you need to decide on the category of cases for which you need legal assistance.

Court cases are divided into categories: civil cases and criminal cases.

In turn, civil cases are divided according to jurisdiction into those considered by courts of general jurisdiction and arbitration courts.

Civil cases can also be divided according to the nature of legal relations or disputes between the parties into housing, land, family and labor.

Basically, lawyers provide defense in criminal cases, since this area is a kind of lawyer's monopoly.

In criminal proceedings, lawyers act as professional defenders, ensuring the constitutional rights of defense of suspects and accused. In terms of the scope of rights and opportunities, no one can replace a lawyer in criminal proceedings. According to our statistics, 70% of the total number of lawyers provide defense in criminal cases.

About 25% of lawyers represent the interests of their clients in civil cases in courts of general jurisdiction.

And only 5% of lawyers are engaged in handling various categories of cases in arbitration courts.

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Qualification of a lawyer

Representation in courts can also be carried out by lawyers on the basis of a power of attorney issued by the Principal.

But checking their qualifications and competence can be very difficult, and sometimes impossible. The main difference between a lawyer and a lawyer providing services is that the activities of a lawyer are strictly regulated by the federal law “On advocacy and the legal profession in the Russian Federation”; before receiving the status, a lawyer passed a difficult qualifying exam and confirmed his knowledge in the field of jurisprudence.

A lawyer, unlike many lawyers, values ​​his reputation and for failure to fulfill his duties to the Principal can be subject to disciplinary action and even deprived of the status of a lawyer.

Therefore, we recommend that you choose a lawyer, not a practicing lawyer.

We devoted an entire article to the differences in the status of a lawyer and a lawyer.

Basic conditions for choosing a lawyer in criminal cases

To choose the right lawyer, you need to pay attention to the basic requirements for a potential defender:

Having the official status of a lawyer, which confirms the fact of taking the appropriate oath and successfully passing the necessary exams. After receiving this status, the defender goes through the registration procedure in the official register of the Bar Association. The register is freely available on the Internet, you can personally check the status and its registration. Please note that the presence of the status in question is a significant confirmation of the professionalism and legality of the defender’s actions. In the absence of the appropriate status, a lawyer does not have the right to conduct a case in accordance with the Criminal Code of the Russian Federation.

Having a higher legal education. The more authoritative the theoretical basis for the preparation of a potential defender, the more promising the cooperation with him. Another factor in favor of candidacy is having an academic degree or obtaining higher education at the postgraduate level. If any questions arise about the professionalism of the lawyer, you have the right to request to review the diploma and additional documents that confirm the lawyer’s level of education.

Sufficient work experience and legal practice. We are talking about both general advocacy and specific legal practice in a particular specialty. A significant advantage in favor of a lawyer is the fact that he has worked as an investigator or prosecutor in the past. As a rule, such a lawyer is well versed in the area of ​​​​Criminal Law in question and can competently use the norms and provisions of the relevant legislation.

Where to start looking for a lawyer?

Finding a lawyer begins with asking questions to your loved ones and acquaintances. Today this is probably the most common way to find a lawyer.

It is necessary to find out how this lawyer became known to them, what kind of cases he handled and how they ended, as well as the cost of his services. If you are satisfied with everything, then you need to meet with a lawyer, preferably in his office, for a preliminary consultation on the subject of the dispute. Be sure to tell the lawyer that you came to him on the recommendation of your friend.

The second, most common way to find a lawyer is through advertising and information on the Internet.

In this case, you should approach the choice of a defender even more carefully.

There are a very large number of lawyers in Moscow, so you should focus on lawyers who have proven themselves by practicing for a long time. Don't look for free cheese, it's only in the mousetrap.

Do not pay attention, but on the contrary, ignore all sorts of promotions that lawyers and advocates conduct, such as “all cases for the price of 25,000 rubles”, “we win all cases”, “the best lawyers and lawyers”.

These advertisements are misleading to Principals and are contrary to the Lawyer's Code of Professional Ethics.

A self-respecting lawyer will not resort to searching for clients in this way, and more conservative lawyers generally consider advertising their activities unacceptable. The low cost of providing legal assistance may also confirm its inadequate quality.

First meeting with a lawyer

After this, it is worth meeting with a lawyer, preferably in his office.

Find out what kind of cases the lawyer conducts, how long he has been practicing law, be sure to look at the lawyer's certificate (some lawyers introduce themselves as lawyers, although they are not).

First impressions are the most correct. If something worries you, then it is better to take a break, think a little, collect information about the lawyer and his legal education on the Internet.

Think about the lawyer's specialization and whether it is suitable for resolving your issue. Personally, we sympathize with lawyers who have a narrow focus on their activities, for example, a criminal lawyer, a civil lawyer, a bankruptcy lawyer, because in certain areas of law they become true professionals in their field, know all the nuances and successfully apply them in practice.

How to find out a lawyer's won cases

According to Ekaterina Antonova, the all-Russian rating is useful both for legal specialists and for people who need legal assistance. For the former, this is an opportunity to express themselves, attract the interest of clients and provide themselves with work. For the second - to obtain objective information and make a decision about who will better cope with the tasks assigned to him.

By the way, the official rating data is also used by the courts, which in this way estimate the costs of citizens for a defense lawyer when assigning compensation to the winning party.

“Even the very fact that a lawyer is in this rating speaks volumes,” continues Ekaterina Antonova. — To get into it, a specialist must meet a number of criteria. In particular, he had to have a registration number in the register of lawyers and a certain amount of experience as a lawyer.”

For convenience, the unified database of professionals was divided into categories. This allows you to see the rating of lawyers in criminal or civil cases. And even find data on experts who specialize in certain categories of disputes: family or housing, crimes in the economic sphere or those directed against the life and health of people.

But, despite the fact that you can find a lot of useful information on the portal, you will not be able to find out the lawyer’s won cases there or anywhere else. According to Ekaterina Antonova, this information can only become publicly available if the lawyer publishes it himself. But this happens extremely rarely, since every professional is obliged to maintain attorney-client privilege.

A lawyer has no right to disclose attorney-client privilege

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Agreement for the provision of legal assistance

Once you decide to engage a specific lawyer, enter into an agreement with him for the provision of legal assistance, which must indicate the total cost of providing services and the lawyer’s responsibility.

It is also advisable to indicate in the agreement the cost of the lawyer performing each specific action.

This condition may be useful when terminating a contract with a lawyer and deducting the cost of the legal assistance actually provided by him. You then pay the lawyer his contractual fee. To confirm receipt of funds, the lawyer will issue you a receipt in the prescribed form.

A lawyer can represent your interests in court on the basis of a warrant, as well as a power of attorney issued by you.

When issuing a power of attorney, pay attention to the powers you give to your attorney. Consider whether he should be granted such special powers as admitting a claim, abandoning a claim, concluding a settlement agreement, or receiving funds.

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).

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    • What is electronic money?
    • What are electronic payments?
    • Where can you exchange electronic money on the Internet?
    • How to get a Webmoney wallet?
    • What is WebMoney Transfer?
    • Where can I exchange Webmoney, top up my wallet and withdraw money?
    • How to top up Webmoney via SMS?
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