Liability of a lawyer for violation of ethical rules in pre-trial proceedings in criminal cases

In the current context of criminal proceedings, the study of lawyers' compliance with ethical standards when providing defense in pre-trial proceedings is particularly relevant. The relevance of the study is determined by the need to ensure qualified legal assistance and protect the rights of participants in criminal proceedings. The study is based on an analysis of current disciplinary practice, including statistics on appeals to bar associations and the results of consideration by qualification commissions of cases of violations of professional ethics. Particular attention is paid to the analysis of typical violations, such as: violation of the procedure for joining a criminal case; refusal of an accepted defense; taking a position contrary to the client's will; failure to fulfill procedural obligations; violation of professional ethics when interacting with participants in the proceedings. It is noted that the professional actions of a lawyer acting as a participant in criminal proceedings can prevent the violations of the rights and legitimate interests of the suspect and accused, protect them from illegal and unfounded accusations, and guarantee the legality of criminal proceedings in the pre-trial stages of the process as a whole. The study is based on an analysis of current case law and legal practice, including statistics on appeals to bar associations and the results of qualification commissions' reviews of cases involving violations of professional ethics. Particular attention is paid to the analysis of typical violations, such as: failure to properly initiate a criminal case; refusal to defend an accepted case; taking a position contrary to the client's wishes; failure to fulfill procedural obligations; and violations of professional ethics rules when interacting with trial participants.

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Publication Details

Journal
Право и политика
Published
2025-10-01
DOI
https://doi.org/10.7256/2454-0706.2025.10.76359
Primary Topic
European and International Law Studies
Type
article
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article

Liability of a lawyer for violation of ethical rules in pre-trial proceedings in criminal cases

Svetlana V. Rudakova
Право и политика
European and International Law Studies
article

Liability of a lawyer for violation of ethical rules in pre-trial proceedings in criminal cases

Svetlana V. Rudakova
article en

Abstract

In the current context of criminal proceedings, the study of lawyers' compliance with ethical standards when providing defense in pre-trial proceedings is particularly relevant. The relevance of the study is determined by the need to ensure qualified legal assistance and protect the rights of participants in criminal proceedings. The study is based on an analysis of current disciplinary practice, including statistics on appeals to bar associations and the results of consideration by qualification commissions of cases of violations of professional ethics. Particular attention is paid to the analysis of typical violations, such as: violation of the procedure for joining a criminal case; refusal of an accepted defense; taking a position contrary to the client's will; failure to fulfill procedural obligations; violation of professional ethics when interacting with participants in the proceedings. It is noted that the professional actions of a lawyer acting as a participant in criminal proceedings can prevent the violations of the rights and legitimate interests of the suspect and accused, protect them from illegal and unfounded accusations, and guarantee the legality of criminal proceedings in the pre-trial stages of the process as a whole. The study is based on an analysis of current case law and legal practice, including statistics on appeals to bar associations and the results of qualification commissions' reviews of cases involving violations of professional ethics. Particular attention is paid to the analysis of typical violations, such as: failure to properly initiate a criminal case; refusal to defend an accepted case; taking a position contrary to the client's wishes; failure to fulfill procedural obligations; and violations of professional ethics rules when interacting with trial participants.

Право и политика(10)
Kuban State University (RU)
Openalex Percentile: Top 65%
European and International Law Studies
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Liability of a lawyer for violation of ethical rules in pre-trial proceedings in criminal cases — Svetlana V. Rudakova · Право и политика (2025) | TGRS Research Map | TGRS