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  • of the Chairman 371 67358486 103 kab Office and personnel department 371 67358487 101 kab Accountancy 371 67358489 102 kab Methodical library 371 67358490 104 kab Fax 371 67358488 E mail adv pad latnet lv Structure of the Council Chairman

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  • News Currently no news available

    Original URL path: http://www.advokatura.lv/src2.php?open=aktuali&lang=eng&it=english (2013-11-15)
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  • in the client being without legal representation 2 5 An advocate may retire from the case only if the client so wishes and has agreed to it but under special circumstances with the approval of the Council of Sworn Advocates 2 6 An advocate shall endeavour to reach settlement of a case outside the Court before the start of Court proceedings if it is in the best interests of the client An advocate may not initiate Court proceedings to serve his her own material interests 2 7 An advocate may not take advantage of a client s case for his her own financial gain or directly or indirectly obtain property which is the subject of a Court case in which he she is acting 3 Taking Instructions and Acting in a Case 3 1 An advocate may not agree to act in a case if he she is not competent or may not correctly perform his her professional duties 3 2 An advocate may not undertake to act in a case without the agreement of the client unless the advocate has been assigned to a case by a competent institution or official or the case has been transferred by another advocate or in the other circumstances when the law permits to act differently 3 3 An advocate may not permit the use of his her professional practice or his her name by persons who are not officially permitted to act in the legal profession An advocate may not entrust any work which by law may be performed only by an advocate to an unqualified person who is not under his her direct control 4 Conflict of Interest An advocate may not represent or defend clients who have conflicting interests It is permissible outside the Court only after obtaining all relevant information concerning the conflict or potential conflict between all interested parties and with the prior agreement of the client This condition also applies to advocates employed by companies and offices 5 Personal Advertising An advocate may not advertise or offer legal services in a legal area for which he she is not fully qualified The content of an advocate s advertising may not be overbearing and may not indicate superiority over his her colleagues An advocate may not advertise in countries where such actions are not permitted 6 Payment for legal services 6 1 An advocate shall bear in mind that it is the interests of his her client and the necessity for fair dispensation of justice that are of paramount importance and not payment for his her services An advocate may not refuse to act in a case of discontinue to act in a case because a client is unable to increase a retainer which in fact has been used up In the absence of an official valuation of an advocate s services a reasonable payment shall be set taking into account the value of the subject of the dispute the interests of the client the time spent and

    Original URL path: http://www.advokatura.lv/src2.php?open=eng&lang=eng&it=etika (2013-11-15)
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  • the disciplinary case in redaction of 29 04 2005 decision of the General Assembly 2 6 Arrest of the activities of sworn advocates The Latvian Council of Sworn advocates arrests the activites of a sworn advocate 2 6 1 if there is a application of the sworn advocate about it 2 6 2 if there is a valid sentence of the court for the conviction of the sworn advocate for a crime which is committed unintentionally in redaction of 29 04 2005 decision of the General Assembly 2 7 Discharge from among sworn advocates The Latvian Council of Sworn advocates discharges the sworn advocate from the Latvian Collegium of Sworn advocate 2 7 1 if provisions of the Article 16 of the Law on the Bar are to be related to the actions of the sworn advocate but to the actions of the assistants of sworn advocates also the provisions of Articles 94 and 101 2 7 2 if the Disciplinary commission has made a decision to impose such a disciplinary punishment in redaction of 29 04 2005 decision of the General Assembly 3 Assistants of sworn advocates 3 1 Admission to assistant of sworn advocate 3 1 1 Admission to become an assistant of sworn advocate occurs in accordance with the provisions or Articles 87 91 of the Law On the Bar 3 1 2 The Latvian Council of Sworn advocates sets the admission time not later than two months before this term 3 1 3 A sworn advocate s consent to be a patron of the applicant as well as references of three lawyers practising in the Bar in the court or in the prosecutor s office shall be enclosed to the request for the admission to assistants of sworn advocates in redaction of 29 04 2005 decision of the General Assembly 3 2 Patron of an assistant of sworn advocate 3 2 1 Patron of an assistant of sworn advocate directs employs and supervises an assistant 3 2 2 Patron s instructions are obligatory to an assistant 3 2 3 Patron is responsible for assistant s activities in the scope provided for by the Law On the Bar 3 2 4 The assistant s work remuneration is set by the patron 3 2 5 Patron certifies further accreditation to carry out a particular case Articles 94 96 of the Law On the Bar with this signature and seal 3 3 Preparation of assistants of sworn advocates and examinations 3 3 1 The Latvian Council of Sworn advocate establises supervision and examination commissions composed of sworn advocates for professional preparation of an assistant of sworn advocate and supervision and direction of his activities 3 3 2 Direct supervision of the activities of the sworn advocate s assistant are carried out by a patron 3 3 3 Assistants of sworn advocates have to participate in the qualification raising activities organized by the Latvian Council of Sworn advocates All the assistants of sworn advocates obligatory have to participate in the regular conferences of the assistants of sworn advocates Each assistant of a sworn advocate has to prepare at least two reports on juridical subjects during his period of operation as an assistant of sworn advocate The preparation and successful assertion of these reports is one of the preconditions for the admission to the sworn advocates 3 3 4 The Latvian Council of Sworn advocates makes a decision about the preparedness of the assistant of sworn advocate to permit an assistant to take the examination of the sworn advocate or about the prolongation of the period of preparation 3 4 Practice place and arrangement of activities of assistants of sworn advocates 3 4 1 An Assistant of sworn advocate has to operate in the same region where his patron operates 3 4 2 Patron provides the observance of the arrangement of activities of an assistant of sworn advocate according to the requirements of the Law On the Bar 3 4 2 The Latvian Council of Sworn advocates submits a request of an assistant of sworn advocate for a permission to carry out cases in the Supreme Court after the proposal of the patron of an assistant of sworn advocate 3 4 3 has become invalid with the 29 04 2005 decision of the General Assembly 3 4 4 The Latvian Council of Sworn advocates makes a decision about a permission for an assistant of sworn advocate to carry out cases without further accreditation of a patron after the patron s proposal and the receipt of the approval of the commission of the supervision and the examination of the assistants of sworn advocates The Latvian Council of Sworn advocates may designate a separate location for practice to the assistant of sworn advocate who has received a permission to carry out cases without further accreditation of a patron if the patron agrees with that in redaction of 29 04 2005 decision of the General Assembly 3 4 5 The Latvian Council of Sworn advocates determines the order of registration and account of the cases carried out by an assistant of sworn advocate 3 5 Admission to sworn advocates deduction 3 5 1 By the expiration of the period of operation as an assistant of sworn advocate an assistant has to pass the examination of the sworn advocate Afterwards the Latvian Council of Sworn advocates decide on the issue about the admission of the assistant to the sworn advocates and his deduction from the assistants of sworn advocates in redaction of 29 04 2005 decision of the General Assembly 3 5 2 Admission of the assistant of sworn advocate to the sworn advocates occurs in accordance with the provisions of Articles 39 44 of the Law On the Bar 3 6 Additional requirements to the assistants of sworn advocates The provisions of the Statutes about the deduction suspension arrest of the activities discharge and disciplinary responsibility apply also to the assistants of sworn advocates in redaction of 29 04 2005 decision of the General

    Original URL path: http://www.advokatura.lv/src2.php?open=eng&lang=eng&it=statutes (2013-11-15)
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  • Latvian Council of Sworn Advocates the Audit Board and the Disciplinary Proceedings Commission 2 elect the chairperson vice chairperson of the Latvian Council of Sworn Advocates the members of the Council the Audit Board and the Disciplinary Proceedings Commission for three years 3 approve the report on the activities of the Latvian Council of Sworn Advocates 4 approve the budget and the report on the implementation of the budget of the previous year 5 approve the articles of association of the Latvian Collegium of Sworn Advocates the code of advocate ethics and other acts related to the internal activities of advocacy 27 May 2004 26 There shall be annual general meetings and extraordinary general meetings Extraordinary general meetings shall be convened as appropriate the convening thereof may also be requested by not less than one tenth of all sworn advocates 27 A general meeting is not entitled to make decisions if less than one third of all sworn advocates are present 27 May 2004 28 If due to a lack of quorum elections of the Latvian Council of Sworn Advocates have not taken place the chairperson of the Council shall convene a new general meeting within a time period of not more than one month but if less than one third of all sworn advocates gather at such general meeting then the minutes thereof shall be prepared new elections shall not be organised and the Council shall retain its authority until the general meeting of the following year 29 A general meeting shall be presided over by persons who have been elected for this purpose by the sworn advocates present and from amongst the numbers thereof and the minutes shall be approved by the sworn advocates who have been assigned to such duty by the general meeting 30 Elections of the Latvian Council of Sworn Advocates in the general meeting shall be conducted after the general meeting has discussed the activity report and the report on the implementation of the budget of the previous year and has determined the number of members of the Latvian Council of Sworn Advocates to be elected 31 The Latvian Council of Sworn Advocates the chairperson vice chairperson Audit Board and the Disciplinary Proceedings Commission thereof shall be elected by secret ballot with a simple majority of votes Other issues shall be determined by the general meeting by open ballot with a simple majority of vote 27 May 2004 32 The newly elected Latvian Council of Sworn Advocates shall commence the fulfilment of the duties thereof two weeks after the day it was elected Division Three Latvian Council of Sworn Advocates Audit Board and Disciplinary Proceedings Commission 27 May 2004 33 The Latvian Council of Sworn Advocates is an administrative supervisory and executive institution of the Latvian Collegium of Sworn Advocates 34 The Latvian Council of Sworn Advocates shall 1 take a decision regarding the admission and inclusion of sworn advocates and assistants to sworn advocates and the exclusion suspension or dismissal of sworn advocates and assistants to sworn advocates as well as the suspension of the activities of individual sworn advocates and assistants to sworn advocates 2 compile lists of sworn advocates and assistants to sworn advocates as well as the elders of sworn advocates practising within the court operation territory and ensure public access to these lists 3 manage the organisational matters of the Latvian Collegium of Sworn Advocates 4 supervise the activities of sworn advocates and assistants to sworn advocates examine the issued complaints regarding their activities as well as initiate disciplinary proceedings 5 manage the training of assistants to sworn advocates 6 taking into account the location of courts the Office of the Prosecutor and pre trial investigating authorities as well as the number of inhabitants in the relevant court operation territory determine the minimum number of sworn advocates therein which is required in order to ensure sufficient legal assistance but not limit the maximum number of sworn advocates practising within this court operation territory 7 approve the elder of the sworn advocates practising in the court operation territory as well as dismiss him or her from the duties of the elder of the sworn advocates upon his or her request or if he or she fails to fulfil the duties specified in this Law 8 issue certificates of sworn advocates and assistants to sworn advocates 9 assign advocates to conduct cases in courts pre trial investigation institutions and in other institutions in return for payment for those persons who due to a good reason cannot find an advocate to conduct their case as well as upon the request of the elders of the sworn advocates of the court operation territory assign advocates to perform defence and representation provided by the State in the criminal proceedings or to provide State ensured legal assistance in the cases specified by the Law 10 establish consultations for the provision of legal assistance to poor persons or persons of low income 11 see to the settling of the cases of such sworn advocates and assistants to sworn advocates who have died are missing without information as to his or her whereabouts have fallen ill or are unable to handle their own cases and the cases of their clients 12 determine the amount of compensation for an advocate and other expenses related to the provision of legal assistance according to Section 57 of this Law if the advocate and his or her client have differences of opinion related to this matter and they do not have a written mutual agreement 13 determine the procedures for and the amounts of payments required from sworn advocates and assistants to sworn advocates for the maintenance of the Latvian Collegium of Sworn Advocates 14 determine the procedures by which the elders of the sworn advocates organise the work of advocates practising in the court operation territory as well as determine the procedures for drawing up the duty schedule for advocates necessary for the performance of State ensured defence and representation in the criminal proceedings 15 ensure the organisation of the work of advocates for the performance of defence and representation in the criminal proceedings upon the request of the performer of procedures as well as for the provision of State ensured legal assistance in the cases specified in the Law 16 administer the financing granted from the State budget for the elders of the sworn advocates of the court operation territory in accordance with the procedures provided for in the Cabinet Regulation referred to in Section 12 Paragraph three of this Law 17 determine the procedures for the selection of the elder of the sworn advocates practising in the court operation territory 30 October 2003 19 February 2004 27 May 2004 19 June 2008 28 October 2010 35 Meetings of the Latvian Council of Sworn Advocates shall have a quorum if not less than half of all members of the Council participate therein including the chairperson or vice chairperson of the Council 36 The Latvian Council of Sworn Advocates shall take decisions by open ballot with a simple majority In the event of a tied vote the vote of the chairperson of the Council shall be the deciding vote The decision shall enter into effect the next day after it has been taken if it has not been stated otherwise in the decision 27 May 2004 37 The decisions of the Latvian Council of Sworn Advocates may be appealed in accordance with the procedure specified by the Administrative Procedure Law Appeal of a decision of the Latvian Council of Sworn Advocates regarding exclusion suspension or dismissal of a sworn advocate from the number of the advocates or regarding suspension of the activities of a sworn advocate shall not suspend the operation of such decision until the day of the coming into effect of the final adjudication in the matter 19 February 2004 19 June 2008 38 The Audit Board shall control the financial operation of the Latvian Council of Sworn Advocates The chairperson of the Audit Board shall be elected from amongst the members of the Board 27 May 2004 38 1 The Disciplinary Proceedings Commission shall examine the disciplinary proceedings of sworn advocates The chairperson of the Disciplinary Proceedings Commission shall be elected from amongst the members of the Commission 27 May 2004 Division Four Admission to and Inclusion in the Numbers of Sworn Advocates 39 A person who wishes to join the number of sworn advocates shall submit an application and the relevant documents to the Latvian Council of Sworn Advocates In the application the applicant shall confirm that are no obstacles to his or her admission referred to in Section 15 of this Law 27 May 2004 19 June 2008 40 The Latvian Council of Sworn Advocates shall display on premises thereof the list of the persons who have submitted documents for admission to the number of sworn advocates and send it to the elder of the sworn advocates practising in the territory of operation of each court and to the Court Administration together with an invitation to submit a comment regarding such persons within a time period of one month 19 February 2004 19 June 2008 41 The Latvian Council of Sworn Advocates shall examine the submission and documents of the applicant gather and consider all the necessary information and evaluate the compliance of the applicant with the requirements of this Law If the applicant conforms to the requirements of this Law the Latvian Council of Sworn Advocates shall accept him or her to take the advocate examination 19 February 2004 41 1 The Latvian Council of Sworn Advocates shall organise the advocate examination not less than once every six months The examination shall be received by a commission which shall include 1 three Doctors of Law delegated by the legal science promotion council 2 three senators assigned by the Chief Justice of the Supreme Court 3 three sworn advocates assigned by the Latvian Council of Sworn Advocates 4 an authorised representative of the Minister for Justice The Minister for Justice shall approve the composition of the examination board The chairperson of the examination board shall be elected from amongst the members of the Commission 19 February 2004 41 2 The Cabinet shall determine the fee for advocate examination The money contributed by the examination shall be disbursed as a compensation to members of the examination board and used to cover the expenses of organising the examination The Cabinet shall determine the procedures for the examination of a sworn advocate and the fields in which the knowledge and skills of the applicant for the position of a sworn advocate are examined as well as the procedures for their assessment 19 February 2004 19 June 2008 41 3 If the applicant has passed the examination for the position of advocate and the Latvian Council of Sworn Advocates has not received additional information that the obstacles referred to in Section 15 of this Law have arisen the Latvian Council of Sworn Advocates shall admit him or her to sworn advocates If the applicant has not passed the examination for the position of advocate he or she has the right to pass this examination repeatedly no sooner than after 12 months If the applicant has not passed the examination for the position of advocate repeatedly it shall be permitted to take this examination each next time when at least three years have elapsed after the previous non passed examination 19 February 2004 19 June 2008 28 October 2010 42 If an application regarding admission to the numbers of sworn advocates has been submitted by a person who has an occupation which cannot be combined with the duties of an advocate Section 15 Clauses 10 and 11 of this Law the Council may take a decision regarding the admission of such person yet the decision shall enter into effect and the person shall be allowed to take the oath and be included in the list of sworn advocates only after such person has terminated the referred to occupation 27 May 2004 28 October 2010 43 19 February 2004 44 30 October 2003 45 When admitting a sworn advocate the Latvian Council of Sworn Advocates shall determine in which regional court these sworn advocates shall work and in the territory of operation of which court these sworn advocates shall practice 19 June 2008 46 The Latvian Council of Sworn Advocates shall report on the admission of a sworn advocate to the Chief Justice of the Supreme Court who shall receive the oath of the newly admitted sworn advocate I swear to be faithful to Latvia to observe the State laws in good faith and with conviction to treat the courts and national authority with respect not to write and speak anything in my work as an advocate that could harm the State society family and morality to honestly fulfil the duties of a sworn advocate to defend the interests of my authorising persons or the interests of such persons whose cases I conduct aware that I shall be liable for my actions before the Law 47 After giving the oath the person admitted to the numbers of sworn advocates shall be included in the list of sworn advocates the Latvian Council of Sworn Advocates shall make an announcement regarding his or her admission to the numbers of sworn advocates in the official newspaper inform the Minister for Justice and issue a special certificate to the newly admitted sworn advocate Part Four Duties Rights and Liabilities of Sworn Advocates Division Five Rights and Duties of Sworn Advocates 48 In providing legal assistance a sworn advocate is entitled to 1 defend and represent a person requesting legal assistance and his or her rights and legal interests in all courts the Offices of the Prosecutor and pre trial investigation institutions as well as in all State and local government institutions as well as in other institutions organisations and companies undertakings 2 amass evidence also requesting all documents necessary for the provision of legal assistance from State and local government institutions as well as from other institutions organisations and companies undertakings which must submit these documents or true copies thereof in accordance with the procedures and cases specified by the Law and shall ensure the advocate with the opportunity to become acquainted with them as well as to receive the opinion of experts in issues which require the relevant knowledge in accordance with the procedures related to the provision of legal assistance prescribed by the Law 3 become acquainted with the regulatory enactments and individual enactments of State and local government institutions court the Offices of the Prosecutor and pre trial investigation institutions as well as other information related to the provision of legal assistance as well as to receive true copies of these documents State and local government institutions as well as other institutions shall issue the documents referred to in Paragraph one Clause 2 of this Section or true copies thereof upon the request of a sworn advocate within one month unless otherwise specified in the Law 19 June 2008 28 October 2010 48 1 The authorisation of the sworn advocate and the scope thereof as well as the right to fulfil the tasks specified in Section 48 of this Law shall be attested by a retainer the sample of which is approved by the Latvian Council of Sworn Advocates 19 June 2008 49 The sworn advocate shall use all resources and methods provided for in the Law in defending and representing the rights and legal interests of persons requesting legal assistance 50 Sworn advocates shall wear special clothing a gown 51 Sworn advocates shall provide legal assistance to any person in civil proceedings administrative proceedings or in other matters in cases specified by the law upon agreement with clients or in cases specified in this Law upon being commissioned by the Latvian Council of Sworn Advocates or the elder of the sworn advocates 19 February 2004 19 June 2008 52 In criminal cases sworn advocates shall undertake to defend persons who have the right to defence and convicted persons represent victims and provide legal assistance to any person in the criminal proceedings A sworn advocate shall perform the activities referred to in Paragraph one of this Section 1 upon agreement with a person or representative thereof 2 in the cases specified in this Law upon being commissioned by the Latvian Council of Sworn Advocates or the elder of the sworn advocates or 3 upon being commissioned by the performer of proceedings separate procedural activities specified in the Criminal Procedure Law 27 May 2004 19 June 2008 52 1 Sworn advocates have a duty to perform the State ensured defence and representation in separate procedural activities specified in the Criminal Procedure Law in the time indicated by the performer of the procedures in accordance with the duty schedule for advocates drawn up in accordance with the procedures specified by the Latvian Council of Sworn Advocates If a sworn advocate cannot participate in separate procedural activity himself or herself in the time indicated by the performer of proceedings he or she shall ensure that another sworn advocate arrives instead of him or her for the provision of legal assistance and shall inform the performer of proceedings thereof 19 June 2008 28 October 2010 53 A client may request a sworn advocate to conduct his or her case to the full extent until the conclusion thereof or to authorise him or her to complete a particular task It is not prohibited to hire several sworn advocates for the same case 54 The Latvian Council of Sworn Advocates shall assign a sworn advocate to conduct cases only after co ordination with the elder of the sworn advocates of the relevant court operation territory 27 May 2004 19 June 2008 54 1 The elder of the sworn advocates shall 1 organise the work of advocates practising in the court operation territory as well as shall draw up the duty schedules for advocates for the performance of the State ensured defence and representation in the criminal proceedings upon the request of a performer of proceedings or upon being commissioned by the Latvian Council of Sworn Advocates also in other matters 2 immediately but not later than within three working days after receipt of the request from a performer of the proceedings notify him or her regarding participation of the advocate in the criminal proceedings 3 assign the performance of the State ensured defence and representation to the advocates practising in the relevant court operation territory 4 provide the support to other elders of the sworn advocates of the court operation territory for the provision of the State ensured defence and representation The elder of the sworn advocates has the right to receive the compensation from the funds from the State budget which are intended for such purposes for organising the work of advocates for the performance of State ensured defence and representation as well as reimbursement for covering of the expenses which have occurred performing the referred to functions 19 June 2008 28 October 2010 55 Sworn advocates may not refuse the agreement entered into or to fulfil the duties assigned to them without providing justification 19 June 2008 56 27 May 2004 57 Sworn advocates shall enter into a written agreement with the client regarding undertaking to conduct a case and the amount of the relevant compensation The client may hire one sworn advocate to replace another at any time or to undertake the conducting of the case himself or herself remunerating the advocate for the job he or she has performed in accordance with the written agreement In case of a dispute if the agreement between a sworn advocate and a client has not been entered into writing the compensation in double amount as well as other reimbursable expenses related to the provision of legal assistance shall be determined for the advocate in amounts specified in regulatory enactments regarding the remuneration for the State ensured legal assistance The compensation for the advocate and other reimbursable expenses shall be covered by the client In addition to the compensation and other expenses related to the provision of legal assistance the expenses related to acquiring of written evidence shall be reimbursed in actual amount of such expenses The compensation for the advocate and other reimbursable expenses related to the provision of legal assistance in the case referred to in Paragraph three of this Section shall not be covered from the funds from the State budget 19 June 2008 58 19 June 2008 19 February 2004 19 June 2008 59 Sworn advocates shall keep records of client cases in accordance with the procedures determined by and by the Latvian Council of Sworn Advocates and under the control thereof 27 May 2004 60 Sworn advocates shall have a stamp with their given name and surname 61 19 June 2008 27 May 2004 19 June 2008 62 19 June 2008 63 It is prohibited for a sworn advocate to purchase or acquire in some other way the rights of authorising persons in their cases not only in his or her name but also in such a way as if he or she acquired these rights for other persons Any deals of this kind shall be deemed invalid 64 A sworn advocate may not act in court as the authorised person of his or her relatives in ascending and descending line spouse brothers or sisters of whole blood as well as the brothers and sisters of his or her father or mother 65 A sworn advocate may not simultaneously be both the advisor and the authorised person of both parties and he or she may not change sides from one party to the other in one and the same case 66 A sworn advocate may not undertake to conduct a case or the duties of defender if the judge of this case or the official examining this case is his or her spouse his or her relative or a relative of his or her spouse in a direct line without any restrictions as to the degree of kinship but in collateral lines kinship of the first three degrees or affinity of two degrees 67 A sworn advocate may not divulge the secrets of his or her authorising person not only while conducting the case but also after being relieved from the conducting of the case or after the completion of the case The advocate shall ensure that these requirements are also observed in the work of his or her staff 68 A sworn advocate shall notify the Latvian Council of Sworn Advocates regarding a change of the address of his or her practice 28 October 2010 69 A sworn advocate shall be discharged from the numbers of sworn advocates on the basis of his or her application or due to his or her death or upon the initiative of the Latvian Council of Sworn Advocates if he or she is unable to perform the duties of a Sworn Advocate due to his or her health condition as well as if he or she has not made payments for the maintenance of the Latvian Collegium of Sworn Advocates for more than six months due to unjustified reasons The procedures for discharging shall be determined by the articles of association of the Latvian Collegium of Sworn Advocates 27 May 2004 Division Six Liability of Sworn Advocates 70 Sworn advocates shall have disciplinary and material liability for their actions in accordance with the procedures specified by this Law 70 1 Sworn advocates shall in accordance with the procedures specified in this Law regarding the performance of duties of the elder of the sworn advocates be held disciplinary liable 19 June 2008 71 For violations of the Law and other regulatory enactments the articles of association of the Latvian Collegium of Sworn Advocates as well as for violations of the instructions regulating the work of sworn advocates and the norms of the professional ethics of sworn advocates the Latvian Council of Sworn Advocates may initiate disciplinary proceedings upon the proposal of the court or prosecutor as well as on the basis of the complaints of persons or upon their own initiative sending the case materials for examination to the Disciplinary Proceedings Commission The Latvian Council of Sworn Advocates is entitled to explain to sworn advocates the wrongfulness of their conduct without initiating disciplinary proceedings 27 May 2004 71 1 Meetings of the Disciplinary Proceedings Commission shall be recorded in minutes The chairperson of the Commission and the recorder of minutes shall sign the minutes 27 May 2004 71 2 After an examination of disciplinary proceedings the Disciplinary Proceedings Commission shall take one of the following decisions 1 regarding the imposition of disciplinary sanction upon a sworn advocate 2 regarding the termination of disciplinary proceedings The Disciplinary Proceedings Commission is entitled to take a decision if more than one half of the members thereof is present at the Commission meeting The Disciplinary Proceedings Commission shall take decisions with a simple majority of votes In the event of a tied vote the vote of the chairperson of the Commission shall be the deciding vote If any of the members of the Disciplinary Proceedings Commission have a differing opinion it shall be recorded in the minutes All members of the Disciplinary Proceedings Commission present at the meeting shall sign the decision The decision shall indicate whether the activities performed by the sworn advocate are qualified as a disciplinary violation and what kind of punishment is imposed upon him or her 27 May 2004 72 When initiating disciplinary proceedings or during the examination of a disciplinary matter the Latvian Council of Sworn Advocates has the right to suspend a sworn advocate from fulfilling his or her duties 27 May 2004 73 The Disciplinary Proceedings Commission has the right to impose the following sanctions 1 to issue a reproof 2 to issue a reprimand 3 to determine another location for a practice or to prohibit to practice in a location for a time period of up to three years 4 to prohibit to perform the duties of an advocate for a time period not longer than one year 5 to debar from the numbers of sworn advocates On the basis of the decision referred to in Paragraph one Clause 5 of this Section the Latvian Council of Sworn Advocates shall debar a person from the numbers of sworn advocates 27 May 2004 74 A disciplinary sanction a debarring from the numbers of sworn advocates may be imposed 1 for an intentional violation of the Law 2 for a severe violation of the norms of the ethical code of sworn advocates 3 if a disciplinary sanction has been repeatedly imposed 4 if a sworn advocate does not perform the duty imposed by a disciplinary sanction 27 May 2004 75 27 May 2004 76 A disciplinary sanction may be imposed upon a sworn advocate not later than three months after the day the disciplinary violation was disclosed and not later than two years after the disciplinary violation was committed 27 May 2004 77 The Disciplinary Proceedings Commission may not impose any of the sanctions referred to in Section 73 of this Law upon a sworn advocate if it has not previously requested a written explanation from such sworn advocate 27 May 2004 78 When examining a disciplinary matter the Disciplinary Proceedings Commission shall invite a sworn advocate to provide an oral explanation 27 May 2004 79 If a sworn advocate does not provide explanations within the time period specified by the Disciplinary Proceedings Commission or fails to attend the meeting of the Disciplinary Proceedings Commission without justifying reasons the Disciplinary Proceedings Commission shall take a decision on the basis of the circumstances ascertained in the matter and the information at its disposal 27 May 2004 80 When examining disciplinary matters the Disciplinary Proceedings Commission has the right to also listen to the explanations of other persons and to request the opinions of experts to request information and documents from State and local government institutions as well as from other institutions organisations companies undertakings and the officials thereof 27 May 2004 81 A person upon whom a disciplinary punishment has been imposed may appeal to the court the decisions of the Disciplinary Proceedings Commission in accordance with the procedures specified in the Administrative Procedure Law 27 May 2004 82 The Disciplinary Proceedings Commission shall make an announcement regarding the punishment of a sworn advocate to the submitter of the complaint the Latvian Council of Sworn Advocates and the Minister for Justice after the entering into effect of the decision The Latvian Council of Sworn Advocates shall also announce the debarring of a sworn advocate in the official newspaper 27 May 2004 Part Five Assistants to Sworn Advocates Division Seven General Provisions 83 An assistant to a sworn advocate may be a citizen of Latvia who has reached the age of twenty one and who 1 complies with the provisions provided for in Section 14 Clauses 2 4 and 5 of this Law 2 has indicated which of the sworn advocates has agreed to be his or her patron who has undertaken to guide teach employ and supervise the assistant 3 has successfully passed the admittance examination of an assistant to a sworn advocate 27 May 2004 28 October 2010 84 The patron of an assistant to a sworn advocate may be a sworn advocate who has practised as a sworn advocate for at least seven years and is capable of guiding employing and supervising the assistant The Latvian Council of Sworn Advocates shall make a case by case judgement regarding this 28 October 2010 85 A sworn advocate may have not more than one assistant 19 February 2004 28 October 2010 86 The persons referred to in Section 15 Clauses 2 3 4 5 6 7 8 9 10 and 11 of this Law may not be admitted as assistants to sworn advocates and the persons referred to in Section 16 Clauses 1 2 3 4 5 6 and 8 of this Law shall be debarred from the number of assistants sworn advocates The activities of assistants to sworn advocates shall be stopped or they shall be suspended from the fulfilment of their duties in accordance with the provisions of Sections 16 1 and 17 of this Law 27 May 2004 19 June 2008 Division Eight Admission as an Assistant to Sworn Advocates 87 The Latvian Council of Sworn Advocates shall admit assistants to sworn advocates not less than twice per year determining in advance the time period of admission 19 February 2004 88 19 February 2004 89 An applicant for the position of assistant to a sworn advocate shall submit the documents referred to in Section 39 of this Law to the Latvian Council of Sworn Advocates If the applicant conforms to the requirements of this Law the Latvian Council of Sworn Advocates shall take a decision to admit him or her to the numbers of assistants to sworn advocates 19 February 2004 90 The chairperson or the vice chairperson of the Latvian Council of Sworn Advocates shall announce in the Council meeting the decision regarding admission to the numbers of assistants to sworn advocates shall give the newly admitted person the general instructions regarding the work and duties of an assistant to a sworn advocate but persons who have been admitted to the numbers of assistants to sworn advocates shall give an oath to honestly and conscientiously fulfil his or her duties 91 The Latvian Council of Sworn Advocates shall make an announcement in the official newspaper and shall inform the Minister for Justice as well as the elder of the practising sworn advocates of the relevant court operation territory regarding persons who have been admitted to the numbers of assistants to sworn advocates as well as regarding where and with which patron he or she shall work 19 June 2008 Division Nine Duties and Rights of Assistants to Sworn Advocates 92 Assistants to sworn advocates shall work under the guidance and supervision of sworn advocates 30 October 2003 93 Assistants to sworn advocates may not conduct cases in courts and pre trial investigation institutions during the first six months after their admission During this period assistants to sworn advocates shall prepare themselves for the fulfilling of the duties of an advocate working under the guidance of a patron and performing separate tasks under the supervision of the patron 19 February 2004 27 May 2004 94 After one year an assistant to a sworn advocate shall take the first examination of an assistant to a sworn advocate according to the procedures specified by the Professional Preparedness Activity Supervision and Examination Commission of Assistants to Sworn Advocates After passing this examination the assistant to a sworn advocate may conduct cases in courts the Offices of the Prosecutor and pre trial investigation institutions upon the basis of the reauthorization of a patron and under the guidance thereof If an assistant to a sworn advocate does not pass the examination within a time period of two years the Latvian Council of Sworn Advocates shall take a decision on his or her debarring from the number of assistants to sworn advocates 27 May 2004 19 June 2008 28 October 2010 95 After two years an assistant to a sworn advocate shall take the second examination of the assistant to the sworn advocate according to the procedures specified by the Professional Preparedness Activity Supervision and Examination Commission of Assistants to Sworn Advocates If the second examination has been passed and the relevant pre trial investigation institutions the Offices of the Prosecutor the courts as well as the elder of the sworn advocates of the relevant court operating territory have not given negative comments regarding legal assistance provided by the assistant to the sworn advocate the Latvian Council of Sworn Advocates may allow the assistant to the sworn advocate to conduct cases in pre trial investigation institutions the Offices of the Prosecutor and courts without reauthorization except for criminal cases in regional courts and the Supreme Court the assistant to the sworn advocate may conduct these cases upon the reauthorization of a patron and under the guidance thereof 27 May 2004 19 June 2008 28 October 2010 96 After an assistant to a sworn advocate has worked under the guidance of a patron for five years he or she may take the advocate examination 27 May 2004 28 October 2010 97 27 May 2004 98 The Latvian Council of Sworn Advocates shall issue the relevant certificate to the assistant to a sworn advocate for the conducting of cases without the reauthorization of a patron in accordance with the procedures specified in Section 95 of this Law 27 May 2004 99 Each assistant to a sworn advocate shall register all the cases conducted by him or her in accordance with the procedures approved by the Latvian Council of Sworn Advocates and the list of such cases shall be submitted to the Council together with explanations regarding his or her activities which have been certified by a patron 100 It is mandatory that assistants to sworn advocates participate in all events organised by the Latvian Council of Sworn Advocates for the raising of qualifications as well as shall perform all other duties imposed upon them by the Council Assistants to sworn advocates shall after passing the examinations of an assistant to a sworn advocate specified in Sections 94 and 95 of this Law perform State ensured defence and representation in the criminal proceedings in all court operation territories upon being commissioned by the Latvian Council of the Sworn Advocates or in the cases specified in this Law upon being commissioned by the elder of the sworn advocates of the relevant court operation territory or upon invitation of a performer of proceedings in the cases specified in Section 52 1 of this

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  • Links Council of Bars and Law Societies of Europe International Bar Association Jurista Vārds Latvijas Krimināllietu Advokātu Biedrība

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