Conflicts of Interest between Attorneys at Law Clients in Criminal Proceedings. The Concept, Consequences, Problems of Establishing and Procedural Response
https://doi.org/10.17803/1994-1471.2017.82.9.177-185
Abstract
The article is devoted to the various conflicts of interest between the attorney at law client in criminal proceedings and his other clients, as well as other clients of the lawyer, which he has previously provided legal assistance in any form. This paper deals with the legal essence of the conflicts of interests between clients, as well as the relationship of the conflicts of interests between the lawyer's clients and conflicts of interest between a lawyer and its client. It has been established that one of the consequences of the conflicts of interests of the lawyer's clients is a conflict of interest between the lawyer and his client, including the defendant. The author differentiates between such concepts as a conflict of interests and a clash of interests. The article investigates the main problems of procedural responding to conflicts of interest between clients of the attorney at law in criminal proceedings, the ways of their resolution, including complying with the regime and proper execution of attorney-client privilege and proper execution of other responsibilities of the lawyer of the defense. The basic conditions of the legality of regulations for the disqualification of a defender from exercising protection in criminal proceedings are defined.
Keywords
conflicts of interest,
conflict,
defender,
client,
defendant,
attorney at law,
criminal procedure,
disqualification,
the legitimacy of,
the termination of protection refusal of protection,
qualified legal assistance,
the powers of the ombudsman,
the right to a lawyer
About the Author
S. V. Kupreichenko
"Kaganov and Partners" Moscow Law Firm
Russian Federation
References
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2. Гукасян Р.Е. Проблема интереса в советском гражданском процессуальном праве. - Саратов, 1970. - 190 с.
3. Журавлев А.Л., Соснин В.А., Красников М.А. Социальная психология: учебное пособие. - М.: Форум; Инфра-М, 2006. - 416 с.
4. Таран А.С. Процессуальные последствия конфликта интересов доверителей адвоката // Адвокатская практика. - 2014. - № 4. - С. 34-38.
For citations:
Kupreichenko S.V.
Conflicts of Interest between Attorneys at Law Clients in Criminal Proceedings. The Concept, Consequences, Problems of Establishing and Procedural Response. Actual Problems of Russian Law. 2017;(9):177-185.
(In Russ.)
https://doi.org/10.17803/1994-1471.2017.82.9.177-185
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