ANDREY TSYGANOV: LAWYERS NEED SPECIALISED KNOWLEDGE
Deputy Head of FAS discussed the “translation difficulties” and sectoral specialization at the Russian Legal Forum
On 4 April 2019, Deputy Head of FAS Andrey Tsyganov took part in the first plenary session of Russian Legal Forum that discussed legal agenda in light of the latest political and economic events. Andrey Tsyganov focused on multi-functionality of legal profession and the need for specialized knowledge.
“The world is becoming more complex and without professional knowledge it is hard to find efficient and balanced solutions to legal problems that appear in this complex world. Case and mergers considered by the Federal Antimonopoly Service as a regulator are becoming increasingly more sophisticated and multifaceted, with increasingly more indeterminate as to how actions of particular entities can influence the general economic situation, have an effect upon us as consumers, how they can affect the state interests, if the question is about large transactions in strategic sectors of the economy”, started Deputy Head of FAS.
The speaker emphasized that an attorney presenting a difficult case in the interests of a company needs special knowledge because the “translation difficulties” is one of the issues.
“Far form always specialist on a [particular field of human knowledge and material world speak on the same language with people of legal and economic professions. FAS is often approached by corporate representatives – lawyers, and say, Heads of Production. We talk with them about competition, and they respond about competitiveness, we talk about abusing the intellectual property rights, while they reply about technological progress and innovations. It appears that in the same situation we live in different worlds and think about different things”, said Andrey Tsyganov.
“Therefore, in our opinion, to represent the clients’ and corporate interest correctly, lawyers need to combine deep legal knowledge with particular specialized knowledge. The process is already going on. For instance, some Moscow universities offer specialization on law in the fuel-and-energy complex. Lawyers in large companies receive training in IT-technologies. These are specialized areas, where layers can draw valuable insights on technological, economic and global aspects of performance of such markets. It is gratifying that Russia now has a specialized educational standard for competition law specialists. This standard presumes exactly this combination of legal and economic knowledge that we have been talking about. For instance, there a full block on how to analyze markets correctly, and apply economic analysis. In our opinion, counsels who represent corporate interests at the authorities involved in economic regulation must possess such knowledge to a certain degree. The next step is to obtain some sectoral knowledge, concluded Deputy Head of FAS.
Participating in a discussion on self-regulation of the legal profession, Andrey Tsyganov added a “piece of regulator’s advice” to the legal community:
“I am a big adherent of advocacy and establishing Codes of fair rules and the best doing-business practices, and it seems to me that the legal profession is not an exception at all here. The most important, please, do not create insurmountable entry barriers for the market of legal services, do not agree about price, do not divide the market and everything will be fine”.