Lawyer (Latin advocatus - from advoco - invite ) - a person whose profession is qualified legal assistance to individuals ( citizens, persons without citizenship) and legal entities ( organizations ) , including the protection of their interests and rights in court. Advocacy as a profession known since ancient times.
Advocate - a person who has received in accordance with the law status of the lawyer and the right to practice law . Counsel - an independent legal adviser . Rights, duties and powers of attorney are defined by the Federal Law " On Advocacy and Advocacy in the Russian Federation." Providing legal aid lawyer :
Provides advice and information on legal issues both orally and in writing.
Makes statements, complaints , motions and other legal documents .
Participates as a representative of the principal in civil proceedings in the trial in the court of arbitration , international commercial arbitration ( court) and other agencies to resolve conflicts in enforcement proceedings.
Represents the interests of the principal in the government agencies, local authorities , public associations and other organizations, government agencies, courts and law enforcement agencies of foreign states.
Has other legal assistance which is not prohibited by federal law.
Powers of attorney , participating as a representative of the principal in civil proceedings are governed by the Civil Procedure Code. Right to counsel at oral argument as a representative to certify warrant issued by an appropriate attorney's education ( Part 5 of Article 53 of the RF CPC ) . Representative has the right to perform on behalf of the sending all proceedings . However, the right representative to sign the statement of claim , filing it in court , submission of the dispute to arbitration , filing a counterclaim , a full or partial waiver of claims , reducing their size, confession , change the subject or cause of action settlement agreement , the transfer of authority to another person ( transference ) , the appeal court ruling , filing writ of execution to recover , obtaining property or money awarded must be specifically authorized by power of attorney of the represented person ( article 54 of the Code of Civil Procedure of the Russian Federation ) , the courts usually require a power of attorney lawyer case in those cases when a lawyer appears in court without his client , while according to a prominent lawyer , Vsevolod Liberty, in cases where the trustee is personally present in the power of attorney is from an attorney is not required , although the legal requirement of a warrant is preserved.
Counsel is entitled to:
collect information necessary to provide legal assistance , including requesting references and other documents from government bodies , local authorities , public associations, and other organizations. These agencies and organizations are required in accordance with the legislation - by sending a request of a lawyer , the lawyer requested them to issue documents or certified copies ;
interview persons ( with their consent ), presumably possess information relating to the case in which the lawyer provides legal assistance ;
collect and report objects and documents that may be deemed to be real and other evidence in accordance with the legislation of the Russian Federation , including by sending a lawyer request;
attract on contractual basis to clarify issues related to the provision of legal assistance;
to meet freely with their principal alone , in conditions which ensure confidentiality ( including the period of the principal's custody) , without limiting the number of meetings and their duration;
fix (including through technical means ) the information contained in the record on which the lawyer provides legal assistance , while respecting the state or other secrets protected by law ;
take other actions not contradicting the legislation of the Russian Federation .
