The arrest of three lawyers representing jailed opposition leader Alexei Navalny this month came as a shock to those who worry about the rule of law in Russia. A fourth has fled the country. This could not be further from the rose-tinted image people have when they set out to become a lawyer: a successful professional wearing an expensive suit and winning case after case. For me, all that glamor has gone. What remains is fear, and the need to carefully assess the risks of each case I take on.
I am convinced that these arrests are a product of the state’s campaign against Navalny, rather than against lawyers specifically. But they still signal that lawyers are finding themselves in an increasingly vulnerable position. They no longer receive special protection from the state or, even more regrettably, from the Federal Bar Association, which is supposed to protect them. I grappled with this knowledge when I was approached to defend Navalny. Of course, I was afraid when I was offered the job. And I am still afraid.
Veterans of the Russian Bar like to remind practicing lawyers like myself that our profession stretches back to the era of Tsar Alexander II in the mid-19th century, when our courts were independent and ran on fair principles. This constant appeal to the past raises many doubts. What does our past have to do with our present? Are we really where our esteemed ancestors wanted us to be?
Indeed, modern legal practice in Russia is set up in a way that should ensure...
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