The Reform of the Russian Legal Profession: Three Varying Perspectives

Posted: 3 Jun 2019

See all articles by Delphine Nougayrède

Delphine Nougayrède

Columbia Law School, Center on Global Legal Transformation

Susan Carle

American University Washington College of Law

Date Written: November 1, 2018

Abstract

This Article was co-authored by Susan Carle (American University Washington College of Law), Gayane Davidyan (Moscow State University), Thomas McDonald and Delphine Nougayrède. In the Article the four authors debate various approaches to reforming the legal profession in Russia. They start out with a historical introduction followed by a presentation and discussion of the status at present. A large number of legal practitioners, including the international law firms, are currently unregulated and practice within what is sometimes referred to as the "free sector". The Russian government has for a number of years attempted to introduce reforms that would require these unregulated practitioners to enter into the regulated sector, called the "advokatura". The expanded advokatura profession would then function with a modernized regulatory framework. The reform is progressing very slowly, however, due to diverging interests and competing groups within the profession. Two of the authors (Davidyan and McDonald) believe the reform should move forward according to the latest (2017) proposal, inter alia because it would impose a code of ethics on all practitioners. One of the authors (Nougayrède) believes that the real priority lies elsewhere, in the reform of the judicial system and law enforcement bodies, i.e. of the state apparatus. Finally, drawing on the history of the US profession, the fourth author (Carle) emphasizes how codes of conduct can also derive from voluntary self-organization. Overall, the discussion illustrates a number of wider themes pertaining to lawyer regulation: regulation by the state versus voluntary self-governance, foreign models versus national specificity, reform of the private professions versus state apparatus, role of private legal professions when the rule of law is weak.

Keywords: Russia, lawyer regulation, rule of law

Suggested Citation

Nougayrède, Delphine and Carle, Susan D., The Reform of the Russian Legal Profession: Three Varying Perspectives (November 1, 2018). Fordham International Law Journal, Vol. 42, No. 2, 2018. Available at SSRN: https://ssrn.com/abstract=3386601

Delphine Nougayrède (Contact Author)

Columbia Law School, Center on Global Legal Transformation ( email )

435 West 116th Street
New York, NY 10025
United States

Susan D. Carle

American University Washington College of Law ( email )

4300 Nebraska Avenue, NW
Washington, DC 20016
United States
202 274 4188 (Phone)
202 274 4130 (Fax)

HOME PAGE: http://www.wcl.american.edu/faculty/carle/

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