Ensuring the Independence of the Lawyer

Abstract

Although legislation guarantees the independence of lawyers, there is no real mechanism for their enforcement and protection against improper government interference. In the article, based on the analysis of scientific studies, forensic and legal practice, the guarantees of the independence of lawyers, violations of the guarantees of independence in the conduct of lawyers' professional activities, and forms of opposition to attorneyship are discussed. It has been shown that the assurances regarding the independence of lawyers are included in the law, but are not always observed in practice and these assurances are of a declarative nature. This procedure does not ensure true independence of lawyers, which does not allow for the full and effective exercise of advocacy. Legislation and organizational-legal proposals have been made to resolve the identified problems.