At present, the regulation on the performance quality standards of the lawyers providing a qualified legal aid in the state guaranteed legal aid (SGLA) system is operationalized. A regional coordinator, Tolkun Ergeshov, from the FLA Coordination center (FLA CC) in Osh oblast has told us how this document is being implemented.
The performance quality standards of the lawyers providing a qualified legal assistance in the SGLA system represent the uniform rules for the activity of the lawyers providing the state guaranteed legal aid.
The goal is to improve the performance quality
The standards have been developed and approved in order to improve the performance quality of the lawyers, who provide a qualified legal assistance within the frameworks of the SGLA system. They contain the uniform requirements to the activity of a lawyer in providing the qualified legal aid. But at the same time, these standards do not restrict the lawyer in using other tools not prohibited by the legislation.
What is the lawyers’ attitude?
I can’t tell anything for the whole lawyer’s community, but the lawyers, who are included into the state register of the SGLA consider the performance quality standards to be proper. Because after adoption of the law “On the SGLA” in 2016 and creation of the FLA CC under the Ministry of Justice in the KR, the SGLA system has started functioning. This system requires its own mechanism and its own rules for full-fledged and qualified operation. And, the performance quality standards of the lawyers are actually one of the mechanisms for compliance with the law “On the SGLA”. The UNDP and the MFA of Finland project “Towards a sustainable access to justice for legal empowerment in the KR” has provided a great support in development of this document and in creation of the SGLA system, on the whole.
Enhancing the citizens’ trust
Compliance with the adopted standards as well as with other norms is achieved, first of all, by the interest of the SGLA lawyers in qualified provision of the legal aid. Compliance with these standards gradually leads to enhancement of the citizen’s trust in the SGLA system. The recipients of the qualified legal aid often demand from the lawyers to comply with the standards. It is related to the fact that the citizens are aware of the SGLA system. However, if the clients do not know, the lawyers tell their clients about the existence of the adopted performance quality standards.
Monitoring the compliance with the quality standards
The lawyer shall keep a register of each case and in the end of a definite stage or all stages shall submit a report on finished cases to a coordinator for making payment. The coordinator, in his turn, in accordance with the law “On the SGLA” and the approved pattern, shall accept the lawyer’s report on the case and take a decision on the payment.
In addition, the coordinator analyzes and monitors the qualified legal aid by collecting the information from law enforcement, judicial and other authorities on the number of arrested persons, timely arrival of a lawyer to provide a qualified legal aid, involvement of the lawyer in the course of legal proceedings, litigation processes, the number of the citizens entitled to receive the qualified legal aid as well as by questioning the legal aid recipients.
Defense on behalf of the state
When accepting an application for a legal aid from the citizens, the coordinators and the lawyers bring the main requirements of the law to the citizens’ notice. For example, the lawyer clarifies the rights to the client and compulsorily informs that he will defend a recipient on behalf of the state and in strict compliance with the law.
One of the main objectives of the SGLA coordinators and lawyers is raising the awareness to improve the legal literacy of the population. For this purpose, we are constantly working.
Expanding the access to justice
Compliance with the laws as well as a usual desire to help and to provide an assistance to those in need of a legal aid is a guarantee of the expanded access to justice.
To expand the access to justice and to improve the legal literacy of the population, it is binding to strengthen provision of the information through the mass media as well as to carry out legal aid decades, trainings and other activities.
I would like to wish
I would like to wish our citizens to resolve all legal problems, to believe and to hope for the triumph of justice. Demand compliance with the standards. By doing this, you improve the quality of the provided aid. For the performance quality standards of the lawyers, please visit the website of the KR Bar – advokatura.kg