On the adverse social, economic, educational and budgetary consequences of the reform of the legal services sector (legal analysis of the draft law on the “lawyer monopoly”)

A genuine scientific publication constitutes a systematic study of the adverse consequences of adopting the draft Federal Law “On Amending Certain Legislative Acts of the Russian Federation” (prepared by the Ministry of Justice of Russia, Project ID 01/05/07-25/00158248). The authors demonstrate that enacting this bill in its present form would trigger significant destabilization within the legal services market. They forecast an immediate deterioration in the quality of legal assistance coupled with a sharp, multifold increase in its cost. Furthermore, the analysis projects severe long-term consequences, including adverse effects on state budgetary revenues and a substantial reduction in employment opportunities for early-career lawyers, and, in the long term, will negatively impact the state’s budgetary well-being and the employment of young lawyers. While raising the issue of improving the quality of legal services deserves recognition and approval, the authors deem the approach put forward by the Russian Ministry of Justice unacceptable, explicitly condemning the imposition of coercive state controls designed to confer upon attorneys a monopoly over client legal representation. In offering constructive alternatives, the authors propose that the law’s stated objectives could be met more effectively and with minimized adverse impact through alternative measures. These include establishing unified professional and ethical standards for all legal practitioners engaged in litigation, alongside implementing mandatory continuing education requirements for court representatives through the framework of the Ministry of Education and Science. The developed bill has sparked extensive discussions among legal theorists and practicing lawyers, which is why the authors consider the topic of this publication to be sharp and highly relevant.