Russian Oligarchs Hire EU Lawyers to Retrieve Frozen Fortunes
Introduction
Russian oligarchs have enlisted the services of dozens of EU lawyers to reclaim their frozen fortunes and visa perks. However, this raises ethical questions for Europe’s legal sector, with most of their EU attorneys based in Brussels. World Weekly News spoke with Emmanuel Plasschaert, the president of Belgium’s French-speaking bar association, to discuss the prickly issues.
Defending Clients
In response to whether a lawyer should represent a high-profile Russian client on an EU blacklist, Plasschaert notes that it is their public mission to defend private interests. According to him, every person, organisation, or company has a right to be assisted and defended by a lawyer. He emphasises that there are no good or bad clients, and the duty of a lawyer is to defend their client within the bounds of applicable laws, professional rules, and ethics.
Practical Difficulties
Plasschaert acknowledges that lawyers representing Russians at the European Court of Justice (ECJ) may face practical difficulties due to EU sanctions. However, he believes that a lawyer should still be able to perform their job and that lawyers who are defending citizens and oligarchs against sanctions may encounter challenging matters.
Suing the EU Council
Belgian and French bars are suing the EU Council at the ECJ to relax the ban on lawyers providing commercial consultancy services for all Russian individuals and companies. Plasschaert argues that the mere service of a lawyer giving advice unrelated to potential litigation is prohibited, which is a bridge too far for them. The regulation speaks of any legal entities or organisations established in Russia, but Plasschaert believes that this excludes some persons from their fundamental right to retain a lawyer for advice.
Core Business of a Lawyer
Plasschaert states that the core activities of a lawyer, which define a lawyer, are giving advice, assisting, defending, and possibly mediating. Lobbying is on the edge and not in the core business of a lawyer.
Personal Conscience and Professional Rules
Plasschaert emphasises the importance of a lawyer’s personal conscience and adherence to professional rules. He notes that lawyers must be completely independent, loyal, competent, and have financial and moral integrity. He believes that if a lawyer can have some distance between their personal thinking and feelings, it is their job to take the case.
Conclusion
Plasschaert supports the Ukrainian bar, people, and lawyers. He sets up a fund to help them and a centre where Belgian lawyers collect witness testimonies from Ukrainian refugees who came to Belgium. Plasschaert believes that the exclusion of a lawyer’s services for anyone is dangerous for democracy and rule of law, as it touches on a fundamental right of everyone. Ultimately, the duty of a lawyer is to defend their client as long as they comply with applicable laws, professional rules, and ethics.
