Abuse of the right to make a lawyer's request: limits of acceptability and liability for violations

The subject of the study is the institution of the lawyer's request as a key status right of the lawyer, ensuring the realization of the constitutional right to receive qualified legal assistance. The article is devoted to analyzing the legal nature of the lawyer's request, defining the limits of its permissible use, and identifying forms of abuse of this right. Seven criteria for the legitimacy of the lawyer's request are examined, including its connection with providing assistance to a specific client, the evidentiary nature of the requested information, the correspondence to the competence of the addressee, and the observance of attorney-client privilege. Special attention is given to the analysis of six main forms of abuse of the right to a lawyer's request, including sending requests beyond the scope of legal assistance, using requests to obtain legal clarifications, and discrediting procedural opponents. Disciplinary liability of lawyers for violations in the use of the lawyer's request is also considered. The work employs the formal-legal method for analyzing legislation on advocacy, the comparative-legal method in studying the disciplinary practices of various bar associations, as well as the system analysis method to determine the criteria for distinguishing between lawful use and abuse of the right to a lawyer's request. The scientific novelty of the research lies in the comprehensive systematization of the criteria for the legitimacy of a lawyer's request and the classification of forms of abuse of this right, taking into account current legislation and disciplinary practice. For the first time, a holistic system of seven criteria for permissible use of a lawyer's request and six forms of its abuse is proposed. It is concluded that a lawyer's request is a means of gathering information to provide qualified legal assistance, rather than an independent type of such assistance, which is fundamentally important for defining the limits of its use. The necessity of maintaining a balance between ensuring effective protection of clients' rights and preventing abuses that undermine trust in advocacy as a public institution is substantiated. It is established that abuse of the lawyer's request violates the principle of good faith and may entail disciplinary liability up to the termination of the lawyer's status.

lawyer, attorney's request, abuse of rights, disciplinary liability, good faith, attorney ethics, attorney's status rights, attorney-client privilege, limits of exercise of rights, lawyer status