The Assessment of Feasibility of Potential Bar Monopoly in Russia

Abstract

The article explores the issue of regulation in the market of court representation services. It draws upon a variety of comparative law data which is usually neglected or distorted in current discussions. The author is skeptical regarding the long-cherished idea of the bar to introduce bar monopoly in the Russian Federation. In particular, he shows that such monopoly is far from being a universal phenomena — many developed countries lack this institution, at least in some areas of judicial disputes. The author comes to conclusion that economic, legal and political arguments in favour of the bar monopoly are weak, and suggests a number of alternative measures. Instead of the bar monopoly, in civil disputes an emphasis should be made on ex post control — by way of disbarment (suspension of unscrupulous suppliers of legal services as soon as they committed certain violations). It is proposed to establish free admittance to the bar for all holders of university and scholarly degrees in law; in case of violation of laws or professional morals they may be suspended for a certain period of time or for life, depending on the gravity of the offence, in which case they are to be put on public electronic register (“black list”) and thus lose the right to represent in courts anyone except themselves or close relatives. Besides, the author argues for the right of self-representation being preserved for all, but this should be balanced by a substantial increase in court fees (up to the level of economically similar countries) in order to reduce the number of “frivolous suits”.