Author: Kristina Yakovleva - legal assistant GRATA International St. Petersburg.
From March 01, 2020, it is planned to introduce a law fixing the "success fees" for lawyers, thanks to which persons with limited financial opportunities will be able to get the help of a qualified lawyer. The bill has already been adopted By the state Duma.
"Success fees" is an agreement that establishes the dependence of attorney's fees on the actual results of legal aid. This mechanism will be convenient for those who at the time of conclusion of the contract with the lawyer was limited in means. Such citizens will be able to pay a lawyer's fee in case of successful resolution of the case. Otherwise, the client will not incur large costs.
However, it should be noted that this mechanism will not be applied in cases of administrative offences and criminal cases. According to the legislator, the introduction of such a system of remuneration in this category of cases would be contrary to the principle of justice.
The ongoing reform of the legal profession also affects lawyers who have improperly performed their duties or violated ethical standards. In case of deprivation of the status of the lawyer, such persons will not be able to act as representatives in court.
In addition, the law will introduce a mechanism for the distribution of cases to appointed lawyers using an automated information system, which will eliminate the influence on the defenders from interested parties, thereby reducing corruption risks and evenly distributing the load between lawyers.
The first stage of the qualification examination for obtaining the status of a lawyer will also be changed. They will act as a single test, which will be conducted using an automated system, so that the verification of the results will be anonymous.
Currently, this bill has caused a wide resonance in the legal community, as there are some concerns about the lack of a mechanism to protect against various risks. We continue to monitor developments and will be happy to advise You on any issues related to the application of current legislation.