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Advocacy Law

| 1 | General

1.1 The activity of a lawyer shall be qualified legal assistance provided on a professional basis by persons who have obtained the status of a lawyer in accordance with the procedure established by this law in order to protect the rights of Tectrix members, and their freedoms and interests, as well as to ensure access to justice.

1.2 Legal assistance provided in those cases is not considered advocacy:

  • 1.2.1 By employees of legal services of legal entities, as well as employees of state authorities that are not the members of Tectrix Lawyer Service;

  • 1.2.2 Participants and employees of organizations providing legal services, as well as individual entrepreneurs without a private lawyer license;

1.3 A lawyer shall be a person who has obtained the status of a lawyer and the right to practice as a lawyer in accordance with the procedure established by this Law. A lawyer shall be an independent professional adviser on legal issues.

1.4 Providing legal assistance, a lawyer:

  • 1.4.1 Gives consultations and references on legal issues both orally and in writing;

  • 1.4.2 Drafts applications, complaints, petitions, and other documents of a legal nature;

  • 1.4.3 Represents the interests of the client;

  • 1.4.4 Participates as a representative of the client;

  • 1.4.5 Represents the interests of the principal in server authorities and organizations;

1.5 A lawyer shall be entitled to provide other legal assistance not prohibited by law.

1.6 Legitimate Lawyers Are:

1.7 In order to ensure the accessibility of legal aid to the server and to promote advocacy, the Tectrix Justice Department shall guarantee the independence of the Lawyers and shall finance the activities of lawyers who provide legal aid to the Tectrix Server Members free of charge.

| 2 | Rights and duties of a lawyer.

A lawyer may:

2.1.1 Collect information necessary for rendering legal assistance, including requesting certificates, characteristics, and other documents from server authorities, public associations, and other organizations by means of written lawyer requests. Tectrix Justice Department and other organizations shall, in accordance with the established procedure, be obliged to provide the lawyer with the documents requested or copies thereof;

2.1.2 To question, with their consent, persons who presumably possess information relating to the case in which the lawyer provides legal assistance.

2.1.3 Collect and present objects and documents that may be recognized as material and other evidence.

2.1.4 To meet with his/her client in private without hindrance, in conditions ensuring confidentiality.

A lawyer can not:

  • 2.2.1 Accept an assignment from a person who has applied to him for legal assistance if it is knowingly unlawful.

  • 2.2.2 To accept an assignment from a person who has applied to him for legal assistance in cases where he has an independent interest in the subject matter of the agreement with the client, which is different from the interest of this person.

  • 2.2.3 Take a position in the case against the will of the client, except for cases when the lawyer is convinced of the existence of self-incrimination of the client.

  • 2.2.4 Make public statements about the proof of guilt of the client if the latter denies it;

  • 2.2.5 Disclose information communicated to him by the client in connection with the provision of legal assistance to the latter without the consent of the client;

  • 2.2.6 Cooperate with organizations, people, or other structures carrying out investigative activities.

Lawyers Request

  • 2.3.1 A lawyer is entitled to submit to state authorities, and other organizations in accordance with the procedure established by this Law an official appeal on issues within the competence of the said authorities and organizations for the providing of references, characteristics and other documents necessary for the providing of qualified legal assistance.

  • 2.3.2 The granting of the requested information to a lawyer may be refused if:

  • 2.3.2.1 The entity receiving the lawyer's request does not have the requested information;

  • 2.3.2.2 The requested information is classified by law as information with limited access;

A lawyer shall:

  • 2.4.1 Honestly, reasonably, defend the rights and legitimate interests of the client by all means not prohibited by the law;

  • 2.4.2 To fulfill the requirements for mandatory participation of a lawyer as a defense counsel or representative in proceedings or other cases established by law, as well as to provide legal assistance to the Tectrix Members in criminal cases.

  • 2.4.3 Respect the attorney-client privilege.

2.5 Any information related to the provision of legal assistance by a lawyer to his/her client shall be an attorney-client privilege

2.6 A lawyer may not be summoned and questioned as a witness about the circumstances which became known to him/her in connection with the application to him/her for legal assistance or in connection with its provision.

| 3 | Status of a lawyer

3.1 A public lawyer is a person in the service of the Tectrix Justice Department (TJD) who provides free legal assistance to the Tectrix members in cases provided for by law at the expense of the TJD.

  • 3.1.1 The Tectrix Justice Department (TJD) appoints a public lawyer to participate in legal cases.

  • 3.1.2 A public lawyer shall have all the rights and duties provided for by this Law and other legislation and is responsible for the quality and timely provision of legal assistance.

  • 3.1.3 A public lawyer is obliged to ensure the protection of the rights and legitimate interests of his client at all stages of the trial, to advise him on all matters related to the case, and to take all lawful actions to achieve the best possible result for the client.

  • 3.1.4 A public lawyer may not refuse to provide legal assistance on the grounds of race, nationality, religion, gender, age, social status, or other discriminatory grounds.

  • 3.1.5 All activities of public lawyers shall be financed from the Tectrix Justice Department budget allocated for these purposes.

  • 3.1.6 A Public lawyer license can be confiscated by the Server Attorney if he/she is being considered liable for not following this or other laws.

  • 3.1.7 A member of Tectrix is not eligible for a public lawyer license if he or she has a current lawyer profession ban.

3.2 A Private Lawyer is a person who carries out lawyer activity on the basis of a license obtained in accordance with the procedure established by the legislation and provides legal assistance on a paid basis.

  • 3.2.1 A Private lawyer needs to obtain a license, to obtain it you first need to obtain a public lawyer license and fulfill one of the following requirements: either serve for one month or complete five different cases. After meeting this requirement, you may then request a private license you can still work as a public lawyer while having a private license.

  • 3.2.2 A private lawyer shall have the right to independently establish the amount of payment for his services, conclude contracts on providing legal assistance to clients, and determine the conditions for their fulfillment.

  • 3.2.3 A private attorney shall have all the rights and duties provided by this Law, as well as other legislation of the Tectrix, and shall be responsible for the quality and timely provision of legal assistance.

  • 3.2.4 In his activities, a private lawyer shall be guided by the principles of legality, independence, confidentiality, and respect for human rights and freedoms.

  • 3.2.5 A private lawyer is obliged to ensure the protection of the rights and legitimate interests of his client at all stages of the proceedings, to advise him on all matters related to the case, and to take all lawful actions to achieve the best possible result for the client.

  • 3.2.6 A private lawyer can't refuse to provide legal assistance on the grounds of race, nationality, religion, gender, age, social status, or other discriminatory grounds.

  • 3.2.7 A private lawyer is obliged to inform the client about his rights, possible outcomes of the case, and conditions of rendering legal assistance, as well as to respect the confidentiality of the information received from the client.

  • 3.2.8 In case a private lawyer violates professional duties, he/she may be held liable.

  • 3.2.9 A Private lawyer license can be confiscated by the Server Attorney or the Supreme Court if he/she is being considered liable for not followings this or other laws.

  • 3.2.10 A private lawyer shall be equal in rights with a public lawyer, except for cases defined by this Law.

  • 3.2.11 A Private lawyer provides legal assistance to Tectrix members and organizations on legal cases.

  • 3.2.12 A member of Tectrix is not eligible for a private lawyer license if he or she has a current lawyer profession ban.

3.3 Members of Tectrix who have a license to practice private law are listed in a specialized registry of the Tectrix Justice Department. In cases where a person is not listed in the registry, the license is invalid.

  • 3.3.1 If you obtain a private lawyer license you don't actually need to be a private lawyer it's just an option.

  • 3.3.2 You need to renew your license once a year. To renew it you need to take the test that's provided by the Tectrix Justice Department.

3.4 The Tectrix Lawyer Service is headed by the Head of The Tectrix Lawyer Service, appointed and dismissed by the Server Attorney.

  • 3.4.1 The Head of the TLS, within the limits of his competence, is vested with organizational, administrative, and economic duties, as well as the right to issue normative acts regulating the activities of the public and private lawyers.

  • 3.4.2 The Head of the TLS, the Server Attorney, and the Tectrix Supreme Court (TSC) shall have the right to issue, as well to cancel, the private and the public lawyer licenses exclusively in cases provided for in this Law or by other regulations and laws.

3.5 The Tectrix lawyer service (TLS) is subordinated exclusively to the Server Attorney.

3.6 The leadership of the TLS shall report to the Server Attorney on the activities of the TLS when requested.

3.7 The Public Lawyers are subordinate to the Head of TLS and the Server Attorney.

3.8 The Tectrix Public Lawyer Service may conduct background checks and re-certifications of persons licensed to practice as a private lawyer.

  • 3.8.1 If the results of the review are unsatisfactory, the TLS may suspend or revoke the private lawyer license.