What is the status of Lawyer in America?
The law prohibits lawyers from engaging in entrepreneurial and other activities other than public, creative, scientific, and teaching. The traditional prohibition of lawyers from serving in the service is due to the fact that such a service may entail a decline in the quality of legal assistance not only because of the employment of another job but also due to the loss of independence by a lawyer.
Becoming an employee, a lawyer will have to follow the instructions of higher-level officials, including those contrary to his convictions. Such submission is unacceptable because the legal profession requires independence from any extraneous influences and can be carried out successfully only under the influence of its duty, which gives the lawyer the opportunity to act with the proper firmness, determination, conviction.
Taking advantage of their independence, a lawyer must remember that the end cannot justify the means. Both the lofty goals of the fair defense of societies and the protection of the individual against unfair accusations must be achieved only through moral means and methods.
Thus, when rendering legal assistance, a lawyer is guided only by the instructions of the law and his professional duty, and not by the opinions and assessments of any bodies and officials, including bodies and heads of law firms.
Graduates of law schools who do not have work experience as a lawyer or if such work experience is not sufficient are accepted into the Bar Association only after undergoing an internship for a period of at least six months. A lawyer trainee operates under the guidance of a lawyer (a lawyer who has the attorney’s experience of at least five years is entitled to have trainees), carrying out his individual assignments. An intern attorney is not entitled to independently engage in advocacy, is obliged to keep advocate secrecy.
The intern is hired on the terms of an employment contract concluded with a lawyer’s education, and in the case that a lawyer performs his activity in a lawyer’s office, with an attorney who is employers with respect to this person.
Some lawyers have their assistants. Lawyers may be assistants with higher, incomplete higher or secondary legal education. Assistant counsel does not have the right to engage in advocacy, is obliged to keep advocate secrets. The number of legal assistants is not limited by law. Bar Chambers do not usually issue certificates to lawyers’ assistants, but the law does not prohibit the issuance of such certificates to law firms.
How the Status of Lawyer is terminated?
- Personal statement of a lawyer in writing on the termination of the status of a lawyer.
- Entry into force of a court decision recognizing a lawyer as incapable or partially capable.
- The absence in the Chamber of Attorneys within six months from the date of occurrence of the circumstances stipulated by clause 0 of article 00 of this Federal Law, information on the election of the lawyer’s education form, of which the lawyer is a founder (member).
- The death of a lawyer or the entry into force of a court decision declaring him dead.
- Committing an act discrediting the honor and dignity of a lawyer or detracting from the authority of the bar.
- Failure or inadequate fulfillment by the lawyer of his professional duties to the client, as well as non-execution of decisions of the bodies of the Chamber of Advocates taken within their competence.
- Entry into force of a court judgment recognizing a lawyer guilty of committing an intentional crime.
- Establishing the inaccuracy of the information submitted to the qualification commission in accordance with the requirements.
The decision to terminate the status of an attorney is taken by the council of the attorney’s chamber of the subject of the United States, the regional register of which includes information about this attorney. In the cases provided for by subparagraphs of paragraph 1 of this article, the decision is made by the council of the relevant bar of attorneys on the basis of the opinion of the qualification commission.
Within seven days from the date of the decision to terminate the status of a lawyer, the council shall notify in writing the person whose status of lawyer has been terminated, with the exception of the case of termination of the status of lawyer on the grounds provided for in subparagraph 1 of paragraph 2 of this article, the relevant lawyer’s education and territorial justice authority, which makes the necessary changes to the regional registry.
The decision to terminate the status of a lawyer may be appealed in court. The territorial body of justice, which has information about the circumstances that are the grounds for terminating the status of a lawyer, sends a submission on the termination of the status of a lawyer to the chamber. If the board of the Chamber of Advocates did not decide to terminate the status of a lawyer in relation to this lawyer within a month from the date of receipt of the relevant submission, the territorial justice body has the right to appeal to the court to terminate the status of the lawyer.
The distinctive attribute of an official element of the corporate culture of American lawyers is the sign of a lawyer. The mark is intended to be worn by persons with a valid attorney status when they carry out professional advocacy.
What is Lawyer’s Warrant?
A lawyer must have an order to execute the order issued by the relevant education. The order form is approved by the federal justice authority. Thus, the warrant is obligatory for the participation of a lawyer in criminal proceedings and the events on cases of administrative offenses.
In other cases, the lawyer represents the principal on the basis of a power of attorney. In order to exercise certain powers to represent the interests of the claimant or the defendant in civil and arbitration proceedings (waiver of a claim, signing of a settlement agreement, recognition of a claim, etc.), a lawyer must be submitted in addition to the order. No one has the right to require a lawyer and his principal to present an agreement on the provision of legal assistance for the lawyer to join the case. A lawyer enters into a criminal case as a defender upon presentation of a lawyer’s certificate and a warrant.
The powers of a lawyer participating as a representative of a principal in civil proceedings are regulated by the Civil Procedure Code of the United States. The right of a lawyer to appear in court as a representative is certified by a warrant issued by the relevant education.
The representative has the right to perform on behalf of the represented all the proceedings. However, the representative’s right to sign a claim, bring it to court, transfer the dispute to an arbitration court, file a counterclaim, reject the claim in whole or in part, reduce their size, accept the claim, change the subject or cause of action, enter into a settlement authority to another person (delegation of authority), appeal against a court decision, presentation of a writ of execution.
Lastly, a lawyer has the right to collect information necessary for the provision of legal assistance, including requesting certificates, characteristics and other documents from government bodies, local governments, public associations, and other organizations. These bodies and organizations are obliged, in the manner prescribed by law, by sending a lawyer’s request, to issue to the lawyer the documents they requested or their certified copies.