Disbarred Lawyer’s Lawsuit against Bar Association Deemed Inadmissible

June 28th, 2016

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Summary: Hearing 2

 Plaintiff Muzaffar Bakhishov’s representative Samad Rahimli told the court that the lawsuit needed to be heard by an administrative-economic court, as the Bar Association was exercising public authority over the disciplinary proceedings of lawyers;
 Bar Association representative Shahmar Mammadov said that Bar was not a state body and asked the court to consider the lawsuit inadmissible;
 The presiding judge ruled that Muzaffar Bakhishov’s lawsuit against the Bar Association was inadmissible.

Baku Administrative Economic Court #2, chaired by Judge Khalig Imanov, held a hearing on the lawsuit brought by former lawyer Muzaffar Bakhishov against the Bar Association over the latter’s decision of April 1, 2016, to appeal to the court to disbar Muzaffar Bakhishov.

Muzaffar Bakhishov, his legal representative Samad Rahimli, and the Bar Association’s representative Shahmar Mammadov attended the hearing.

Question of admissibility:

The presiding judge asked the parties’ opinions on the admissibility of the lawsuit. Samad Rahimli said the lawsuit had to be heard by an administrative-economic court, as the Bar Association was exercising public authority over disciplinary proceedings of lawyers.

Bar Association representative Shahmar Mammadov replied that Bar was not a state body. “An act adopted by Bar Association is not an administrative act. So, the Bar Association cannot be sued in an administrative-economic court. I ask the court to consider the lawsuit inadmissible,” said Mammadov.

Plaintiff’s application:

The plaintiff’s representative Samad Rahimli submitted an application for the postponement of the execution of the Bar Association’s decision to disbar his client He argued that the execution of Bar Association’s decision must be suspended until the final court decision is made, especially given the possibility of potentially lengthy court proceedings. Rahimli argued that termination of Muzaffar Bakhishov’s professional activity would cause significant financial damage to him.

Bar Association representative Shahmar Mammadov asked for the dismissal of the application.

After a brief deliberation, the presiding judge announced the rulings, according to which plaintiff Muzaffar Bakhishov’s lawsuit against Bar Association was deemed inadmissible, and the application to suspend the execution of Bar Association’s decision was denied.

Muzaffar Bakhishov said he would appeal both rulings.