Working with an Advokat: FAQ

An advokat is a Russian lawyer admitted to a regional chamber of advokats after a qualifying exam. Only an advokat can act as defence counsel in a criminal case, and only an advokat's communications with a client are protected by statutory privilege. Before you hire one, check the status in the official register and sign a written agreement.

Attorney Elena Petrova answers twelve questions that clients in California and other countries ask before engaging counsel in Russia.

Advokat Versus Other Russian Lawyers

1. What is the difference between an advokat and a yurist?

A yurist is anyone with a law degree. An advokat has passed the bar exam, is bound by the Code of Professional Ethics and answers to a chamber of advokats.

2. When is an advokat required?

For criminal defence. In civil and commercial courts a representative needs a law degree, but advokat status gives extra tools, including the formal advokat request for information.

Checking Status Before You Hire

3. How do I verify an advokat?

Ask for the registration number and the advokat certificate, then check the regional register kept by the justice authorities and the chamber. Status can be suspended, so check again before signing.

4. Can a foreign lawyer practise Russian law?

A foreign lawyer may advise on the law of their own country. To act as an advokat, they must pass the Russian exam and join a chamber.

The Engagement Agreement

5. What must the agreement include?

Under Federal Law 63-FZ, it is signed in simple written form and states the lawyer, the scope of work, the fee and how it is paid, and the lawyer's professional liability.

6. Can the agreement be signed remotely?

Yes. Scanned signatures, courier originals or electronic signatures are all used in practice.

Fees and Payment

7. How are fees set?

By agreement. The chamber publishes recommended rates, which serve only as guidance.

8. Is a success fee allowed?

In civil and commercial matters, yes, if agreed. It is not allowed in criminal cases or administrative offence cases.

Advokat Secrecy and Confidentiality

9. What does advokatskaya taina cover?

Any information linked to the legal help: your statements, documents, the lawyer's notes and advice. The lawyer cannot be questioned as a witness about it.

10. Can the police search a lawyer's office?

Only with a court order and in the presence of a chamber representative. Protected papers must not be seized as evidence.

Communication with a Client Abroad

11. How do we stay in touch?

By email with regular written updates. Documents are exchanged in scans, and originals are sent by courier when a court requires them. For hearings, the advokat acts under a power of attorney signed before a notary abroad, apostilled and translated into Russian. Agree in advance how quickly you expect answers and who on your side gives instructions.

Ending the Relationship

12. Can I change lawyers mid-case?

Yes, at any time. The advokat must hand over the file. Once engaged in a criminal case, the advokat cannot quit the defence unilaterally.

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