law/9. Civil law

Karyaginа O.V.

Taganrog Institute of management and Economics, Russia

The legality of advertising advocacy

Currently, the legislation on advocacy in the Russian Federation, does not clearly address the question of the admissibility or inadmissibility of advertising bar associations, in connection, with what there are a number of uncertainties, which up to now have not taken specific and mandatory for all advocates of the solution.

At the current time among law chambers tend to condemnation of any advertising advocacy. So in the "Recommendations on the question of the admissibility of advertising advocacy and the requirements to the information the lawyer and legal education" elaborated by the Board of the Advocates chamber of the Krasnoyarsk region, indicates that advocacy and advertising is incompatible category. The same approach is shared chamber of lawyers of the Republic of Khakassia. These allegations are based on the fact that the Federal law "About lawyer activity and legal profession" refers advocacy, as non-entrepreneurial, however, the Federal law "On advertising", defines advertising as information aimed at promotion of the objects of business activity, therefore, come in their opinions of the advocates chamber of advertising advocacy unwanted, contrary to the interests of the legal community.

Of course, the faithful are submitted items 3, 4 tbsp. 17 of the Code of professional ethics of lawyer deny: " p.3 comparisons with other advocates and other critics of lawyers". This paragraph follows naturally from the General meaning of the Code, designed to strengthen public trust and respect for the legal profession. And p. 4 of the Code, prohibiting the country: "statements, hints, ambiguities that may mislead potential clients or call them groundless hope."

However, ethical soundness percentage points 1, 2 item 17 of the Code of professional ethics of lawyer, is questionable. So the paragraph 1 of the Code prohibits the use of a lawyer or other persons of his or her valuation characteristics. On the one hand, it is inadmissible to use some kind of "flashy" statements on the extraordinary quality of service, speed, mind and splendor of a lawyer, since the disparity between its overall or when participating in a specific case, these characteristics would damage the prestige of the legal profession, the credibility of individual customer that contradict the goals of the legal community. However, on the other hand, the client has the need to obtain legal aid, when choosing your attorney is provided in an information vacuum, faced with faceless announcements about the provision of legal services.

In several countries there is a non-Russian approach to the problem. So the rules of the Israeli Bar Association, regulated the ways, how, and through any media lawyers have the right to advertise their services. In Norway there is no prohibition of advertising for lawyers, but specified that it must be "worthy".

Information about the attorney and lawyer activity not always is advertising. For example, unlike sites privately practicing lawyers and law firms, sites of lawyers and bar associations may not contain information considered as advertisement. So to resolve the fundamental question of the legality of advertising lawyer and advocate's activity should replace the notion of "advertising" lawyer "information" on the implementation of advocacy, which must not contain Intrusive advertising information.

Since the legislation does not contain information about the form of dissemination of information and to prevent abuse in this sphere advocate community needs to work out recommendations about the practice of placing information about the attorney and the attorney's activity, since today there is no mechanism for obtaining this information. This information is limited on-site bar associations of the subjects of the Russian Federation of reference information (name of attorney forms of legal practices, address and coordinates for communication).

In particular, the form of information dissemination should not belittle the honor and dignity of the professional community of lawyers, not to be Intrusive, should be built on moral criteria and traditions of distributed information should not bear in itself the information that was false or would be offensive for the professional community of lawyers.

Thus, to resolve the question of the legality of advertising advocate and advocacy the advocacy community should:

1. Normative to enshrine the notion of placing information about the attorney and the ongoing advocacy, as well as to recognize lawyers and legal entities the right to placement of information about the ongoing advocacy for what to make corresponding additions to Art. 17 of the Code of professional ethics of lawyer;

2. To develop and to legally confirm the criteria valid information about the ongoing advocacy, with the obligatory indication that this information can and must contain.

3. To develop recommendations on the form of dissemination of information about the ongoing advocacy.

Literature:

1. Bogdanova I.S. TO the question of admissibility of "advertising" advocacy // Lawyer. 2012. № 8. P. 20-25.

2. Ovodov A.A. "You Have to love your business and not think about how much you earn" (interview with the honored lawyer of the Russian Federation attorney G.P Padva) / A.A. Ovodov // Lawyer. 2010. № 4. P. 4-10.