Basic elements of the principle of advocacy independence

Abstract

The paper considers the principle of independence in the activities of the bar as one of the fundamental organizational principles. Advocacy that is not given an adequate level of independence cannot live up to reasonable expectations of their performance. The relevance of the topic is that, only through the approval and proper observance of this principle, it is possible for the bar to properly exercise its powers. Particular attention is paid to the main elements of the principle of independence as meaningful components that allow a comprehensive study and determine the essence of this principle. The purpose of the work is to single out and fill in the content of individual components of the principle of independence. The principle of independence of the bar has been widely enshrined in national and international regulations. But, this necessity is due to the fact that the legislation interprets the principle of independence quite sharply and its components are considered only in the context of other provisions. In results, we propose to identify such basic elements as 1) independence from public authorities, local governments and the judiciary; 2) from their own interests; 3) availability of procedural guarantees; 4) the existence of legal secrecy; 5) independence from the client; 6) independence from business partners; 7) guarantees of lawyer's security and prosecution of persons violating the lawyer's independence; 8) functioning of bar self-government bodies. Proper adherence to the principle of independence of the bar is possible only under the condition of simultaneous regulation and proper functioning of all these components. This principle is decisive due to the public non-governmental nature of the Bar and its independence as a voluntary professional non-governmental association.