The Advokat: Understanding Russian Attorneys

An advokat is a Russian attorney admitted to the bar under Federal Law No. 63-FZ "On Advocacy and the Bar". Only an advokat is an independent professional adviser with a state-recognised status, a duty of confidentiality protected by law and exclusive rights in criminal defence. Any person can call himself a lawyer in Russia; the title advokat is reserved.

Elena Petrova is an advokat listed in the register of advokats under number 77/13551. She advises clients in California and other countries. This guide explains what the status means for you as a client.

The Legal Status of an Advokat

Advocacy is a form of qualified legal help that is neither business nor part of the state. An advokat works independently and follows the Code of Professional Ethics of Advokats. Every advokat belongs to the bar chamber of a Russian region.

Work is done through one of several forms: an individual office, a bar association, a college of advokats or a legal consultation. The form does not affect the scope of rights. Each assignment is based on a written agreement with the client.

The Path to Admission

A candidate must have a higher legal education and at least two years of legal work experience, or complete a traineeship at a bar. The qualification exam before the regional bar chamber has a written test and an oral part. After passing, the candidate takes an oath and receives a registry number.

Status can be suspended or terminated for serious breaches of ethics or law. Disciplinary cases are reviewed by the bar's qualification commission and council, and a client may file a complaint there.

Professional Privilege and Guarantees

What a client tells an advokat is protected secrecy. An advokat cannot be questioned as a witness about facts learned while helping a client. Searches of an advokat's office require a court order and the presence of a bar representative.

An advokat may request information from state bodies and companies through an official inquiry. The recipient must answer within a set period. An advokat may also collect evidence and hire specialists.

Advokat Versus Jurist

PointAdvokatJurist (unlicensed lawyer)
AdmissionBar exam and oathNone required
ConfidentialityProtected by federal lawOnly by contract
Criminal defenceAllowedNot allowed as defence counsel
SupervisionBar chamber, ethics codeNo professional body
Agreement with clientWritten agreement required by lawAny form

In civil and arbitrazh courts, a representative usually needs a law degree but need not be an advokat. For criminal cases and certain other matters, only an advokat can act.

Services an Advokat Provides

Advokats give advice, draft documents, represent clients in civil, arbitrazh and administrative courts, and defend in criminal cases. They also act in negotiations and before state bodies, including the registry and tax authorities.

For foreign clients, an advokat can receive a power of attorney signed abroad and act in Russia without the client travelling.

How to Check an Advokat

Every advokat has a registry number in the format "region/number". The Ministry of Justice publishes the unified register of advokats, and regional bar chambers publish their own lists. Ask for the number and the name of the bar formation, then look them up.

Also ask for a written agreement stating the subject of the assignment and the fee terms. An advokat accepting money without a contract or a receipt breaches the rules.

Engaging Elena Petrova as Your Advokat

Send a short description of the matter and copies of the documents. We will confirm whether the matter falls within our practice and what steps are needed, then conclude a written agreement.

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

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