In accordance with the Law of the Republic of Kazakhstan "On advocacy and legal assistance", lawyers may have assistants and trainees.
Advocate's assistants may work on the basis of an employment contract in a legal consultancy office, an advocate's office or an advocate engaged in advocacy individually.
A person who meets the requirements established by law and expresses a desire to take an internship has the right to apply for admission to an internship on the presidium of the bar association. The list of which is established by the regulation on the procedure for internships by trainees of lawyers, developed and approved by the Republican Bar Association in consultation with the authorized body.
After considering the application, the Presidium of the Bar Association makes one of the following decisions:
- on admission to the internship;
- denial of admission to internships.
The decision on the application for admission to the training on probation is made within five working days. In accordance with the requirements of the law, an attorney with at least five years of experience in advocacy must be appointed the head of the internship. Interns undergo internships ranging from six months to one year.
The period of work as an intern is counted in the work experience in the legal specialty. Also, during the internship period a trainee may be hired by the employment contract as a lawyer assistant. An assistant and trainee of lawyer does not have the right to independently engage in advocacy.
According to the results of training on probation, a trainee’s supervisor draws up an opinion and sends it to the Presidium of the Bar Association for approval. Based on the results of the review, the Presidium is obliged to make a reasoned decision to give an opinion on the successful completion of an internship or to refuse to give such an opinion. The opinion on the successful completion of the training on probation is valid for three years from the date of its approval by the Presidium of the Bar Association. The decision to refuse to approve the conclusion on the internship must be motivated. The decision on refusal may be appealed to the Republican Bar Association or court.
When the Chairman of the Presidium approves an application, a contract is concluded on behalf of the Bar Association with the trainee. The form of the contract is approved by the Presidium of the Bar Association. The contract must necessarily reflect the rights and duties of both the trainee and the head of the training on probation and the Presidium of the Bar Association.
At the end of the training on probation, the presentation of the trainee’s supervisor and the training on probation materials should be reviewed at a meeting of the Presidium of the Bar. Based on the results of consideration, the Presidium is obliged to issue a reasoned decision to give an opinion on the successful completion of the training on probation or on refusal to give such an opinion.
An obligatory criterion for giving a positive conclusion is the degree of preparedness and mastery of the skills necessary for independent advocacy.
At the same time, the Presidium of the Bar Association independently decides the method for assessing the trainee's preparedness: by conducting a written or oral exam, or by computer testing.
The issue of termination of the training contract must be considered at the meeting of the Presidium of the Bar Association.
Grounds for termination of the contract for the training on probation are established by the Regulations on the internships for trainees of lawyers, developed and approved by the Republican Bar Association in consultation with the authorized body.