How the Russian Bar (Advokatura) Works

The Russian advokatura is a self-governing community of licensed lawyers called advokaty. Its rules come from Federal Law No. 63-FZ "On Advocacy and the Bar" of 2002 and the Code of Professional Ethics of Advocates. Only a member of the bar may call himself an advokat, and only an advokat may act as defence counsel in most criminal cases.

Every advokat carries a registry number, answers to a disciplinary body and owes a statutory duty of confidentiality. Attorney Elena Petrova is entered in the Moscow register under number 77/13551, where the first digits indicate the region.

Regional Chambers and the Federal Chamber

Each constituent region of Russia has its own chamber of advocates. Membership is compulsory: an advokat belongs to the chamber of the region where his status was granted. The chamber is run by a council elected by its members.

Above the regions stands the Federal Chamber of Advocates. It coordinates regional chambers and issues clarifications on professional conduct, but it does not direct individual cases.

Forms of Practice

Lawyers practise through one of four forms set by 63-FZ: a private advocate's office, a collegium, a bureau or a legal consultation office. Legal consultation offices serve areas where few lawyers work.

The form defines who signs the agreement with the client and where the fee is paid. A client should see the name of the formation in the contract.

Becoming an Advokat

Admission is a regulated path rather than a simple registration.

1. The candidate needs a higher legal education and at least two years of legal work experience, or a traineeship.
2. He applies to the qualification commission of a regional chamber.
3. He passes a written and oral examination on law and ethics.
4. He takes the advocate's oath.
5. The regional office of the Ministry of Justice enters him into the register.

A person with a record for an intentional crime cannot obtain the status.

Rights and Duties That Come With Status

The status gives procedural rights: to send an advocate's inquiry to state bodies, to gather evidence, and to meet a detained client privately without limits on the number or length of visits.

It also imposes duties. Every engagement rests on a written agreement. The advokat may not act against the client's interests or take a position that contradicts the client's will, and may not serve two parties with conflicting interests.

Discipline Within the Bar

Complaints can be filed with the regional chamber by a client, another advokat, a judge or a state body. The qualification commission examines the complaint, and the chamber council decides.

Termination usually follows serious breaches, such as abandoning a client.

Safeguards for the Client

Communications with an advokat are covered by advocate secrecy, and he cannot be questioned as a witness about what he learned while assisting the client. Searches of an advokat require a court decision and special safeguards.

The client may verify a lawyer's status in the public register of the Ministry of Justice and complain to the chamber if the lawyer fails in his duties.

Advokat or Legal Consultant

In Russia, a person who gives legal advice need not be an advokat. Consultants outside the bar are not bound by the ethics code, and their files lack statutory secrecy.

For criminal defence, sensitive family matters or disputes with state bodies, it makes sense to choose a member of the bar. Attorney Elena Petrova works with clients in California remotely, with written reports in English.

The main channel of communication with the attorney is email: attorneypetrova1@gmail.com.