LAWYER AS THE MAIN SUBJECT OF ADVOCACY ACTIVITY
Acquiring the status of a lawyer
By the term attorney (Latin advocatus - from advoco - I invite) was always understood as a lawyer providing legal assistance, including protection in a court. An advocate is a person who has received the status of a lawyer in the manner prescribed by law and the right to practice as a lawyer.
The Law on Advocacy and Advocacy provides for a number of requirements that must be met by the person claiming to be a lawyer. These requirements include an educational qualification, the availability of appropriate legal experience, no criminal record and full legal capacity.
The establishment of increased requirements for persons applying for the title of advocate, aims to create guarantees for the provision of qualified legal assistance, guarantees of maximum respect for the rights of citizens.
So, the status of a lawyer has the right to acquire a person who has a higher legal education, obtained in a state-accredited educational institution of higher professional education, or a degree in law.
As for the legal experience, the person who wants to become a lawyer must have had at least two years of experience in the legal profession or have completed an internship in law education for a period of one to two years.
In this case, persons whose higher legal education is the first time they have received a higher professional education, the length of service in the legal profession is calculated no earlier than from the end of the corresponding educational institution.
In the length of work in the legal profession necessary to acquire the status of a lawyer, work is included:
1) as a judge;
2) in a public office requiring higher legal education, in federal government bodies, state authorities of the United States entities, and other state bodies;
3) in a position requiring a higher legal education, in the existing state bodies of the USSR, the RSFSR and the United States that existed on the territory of the United States before the adoption of the current Constitution;
4) in a municipal office requiring higher legal education;
5) in a position requiring higher legal education, in the bodies of the Judicial Department under the Supreme Court of the United States;
6) in a position requiring higher legal education in the legal services of organizations;
7) in a position requiring higher legal education, in research institutions;
8) as a teacher of legal disciplines in institutions of secondary professional, higher professional and postgraduate professional education;
9) as a lawyer;
10) as an assistant attorney;
11) as a notary.
In this case, persons who are recognized by the court as incapacitated or have limited legal capacity or who have an unprecedented or unexpunged conviction can not claim the status of an advocate, and for committing an intentional crime.
Foreign citizens and stateless persons who meet the above requirements may also qualify for attorney status. That is, the legislator has not established any restrictions related to citizenship. However, it is necessary to distinguish the status of a lawyer acquired by a citizen of a foreign state in the manner prescribed by the Law on Advocacy and Advocacy with the legal status of an advocate of a foreign state providing legal assistance in the territory of the United States on the issues of the law of a foreign country. The latter are not allowed to provide legal assistance in the United States on issues related to the state secret of the United States. In addition, foreign lawyers who carry out advocacy in the United States are registered by the federal agency of justice in a special register, the procedure for conducting which is determined by the US Government. In the absence of this registration, the practice of lawyers by foreign lawyers in the United States is prohibited.
If the applicant for attorney status meets the above requirements, he has the right to apply to the Qualification Commission of the Chamber of Attorneys of the US subject with a request to confer on him the status of an attorney. In addition to the application for the assignment of the status of an attorney to the qualification commission, the person submits the following documents, confirming the statutory requirements to the applicant for obtaining the status of an attorney:
- a copy of the identity document, usually a passport;
- a questionnaire containing biographical information, the form and content of which is established by the qualification commission;
- a copy of the work record or other document confirming the length of service in the legal profession;
- a copy of the document confirming the higher legal education or having an academic degree in the legal profession.
The applicant may be asked to submit other documents.
If necessary, the Qualification Commission organizes within two months the verification of the authenticity of documents submitted by the applicant for the status of an attorney by sending requests to the relevant authorities. The bodies that received the request of the qualification commission must provide the requested information within a month from the receipt of this request.
After the completion of the inspection, the qualification commission decides on admission to the qualification exam. When providing false information to the qualification commission, the applicant will be denied admission to the qualification exam. In case of refusal to admit to the qualification examination, a person, upon his request, is given an extract from the minutes of the meeting of the commission with a reasoned decision that can be appealed to the court.
Qualification commissions conduct qualification examinations in order to determine whether the applicant has the necessary professional knowledge. The qualification exam takes place in two stages and consists of: written answers to questions or testing and an oral interview.
Applicants who have received a positive evaluation based on the results of the first part of the exam (written answers to questions or testing) are allowed to an oral interview.
When conducting an oral interview, the applicant selects an examination ticket that includes at least four questions from randomly laid out on the table, and in the same room within the time set by the commission prepares for an answer. Members of the Qualification Commission on the results of completed assignments make a decision in the absence of the applicant by open voting by registered ballots by a simple majority vote.
The exam is considered not delivered if the applicant at least on one of the questions of the examination ticket showed unsatisfactory knowledge, or answered correctly in less than the number of questions of written assignment or testing specified by the council of the bar of attorney.
The applicant who fails to pass the qualification exam is allowed to repeat the procedure for passing the qualification examination not earlier than in a year.
The Qualification Commission within three months from the date of application by the applicant of the application for the granting of the status of an attorney, taking into account the results of the qualification exam passed by the applicant, decides whether to confer or deny the applicant the status of an attorney.
Qualification commission successfully passed the qualifying examination to the applicant can not refuse to assign the status of a lawyer. In such cases, the decision to refuse to assign the status of an attorney can be appealed to the court.
The decision of the qualification commission on conferring the status of an attorney to the applicant comes into force from the day the applicant takes the oath of the lawyer. From the date of taking the oath, the applicant receives the status of an attorney and becomes a member of the bar.
The Qualification Commission within seven days from the date of the decision to assign the status of a lawyer to the applicant notifies the territorial body of justice, which in its turn within a month from the date of receipt of the notification enters information about the lawyer in the regional register and issues to the attorney a corresponding certificate, which is the only document , confirming the status of a lawyer.
Maintenance by the territorial body of the federal executive authority in the field of justice of the regional register of lawyers is designed to streamline relations related to the acquisition and confirmation of the status of an attorney. When you enter information about a lawyer in the regional register, a lawyer is assigned a registration number, which is indicated in the attorney's certificate.
A lawyer within three months from the date of assigning the status of a lawyer is obliged to notify the council of the bar of lawyers about the form of his lawyer education he has chosen. In the absence of information on the election of a lawyer as a lawyer in a lawyer's office within four months, the status of a lawyer may be terminated by a decision of the council of the Chamber of Attorneys of a US subject whose information on the lawyer is included in the regional register.
A lawyer may simultaneously be a member of the Chamber of Attorneys of only one subject of the United States, information about him is entered only in one regional register. A lawyer has the right to carry out his activities in only one lawyer's education. However, the lawyer has the right to carry out advocacy activities throughout the United States without any additional authorization, regardless of whether it is registered in the regional registry of which US entity.
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