PROBLEM OF REMUNERATION OF LAWYERS NOT SETTLED
A1plus
| 13:14:43 | 21-05-2005 | Politics |
The new and old laws on advocacy have not settled the problem of the
remuneration of lawyers. The problem is not solved by other legal acts.
In Armenia, the people who need a lawyers appeal not to a highly
skilled but to a familiar lawyer. As for the remuneration of the
lawyer, here the principle of approximate calculation functions. Some
lawyers offer the client a bargain and share the profit to be received.
The new law on advocacy provides for punishment for the lawyers, who
take money from the client and play a double game with the opposite
side. Such activity is called disciplinary violations. Article 40
provides for rebuke, strict rebuke or penalty for a lawyer, who was
found guilty in disciplinary violation.
One of the leading specialists in the juridical field, chairman
of the Economic Court Hovhannes Manukyan did not deny that there
are unprincipled lawyers. Moreover he expressed concern over the
low level of the Armenian lawyers and incomprehensive order of
remuneration. Pointing out to the international experience he said
that the price should be conditioned by the level complexity.
The remuneration of a lawyer’s service is regulated by vague clauses.
Article 6 says, “A lawyers has the right to receive fee for his
services. The amount and order of the payment are determined by
the written agreement concluded between the lawyers and the client
according to the Civic Code of the Republic of Armenia.”
To note, the legislation also provides for cases when juridical
assistance is rendered for free. The new law on advocacy entrusts the
public defender with the mission. According to Paragraph 4 of Article 6
of the new law, free juridical assistance can be also provided on the
lawyer’s initiative. This item offers the Armenian lawyers a maximal
possibility to avoid tax payments. Real “competition” of generosity
and philanthropy emerges among the lawyers.
Our interlocutor does not see any threat of losing competition in
case of uniting two chambers. “With any number of the chambers if
there is not an established juridical system there can’t be healthy
and fair competition”, Hovhannes Manukyan resumed.
Sevak Grigoryan