Pursuant to the Law of the Republic of Kazakhstan "On Advocacy and Legal Assistance" attorneys can have assistants and trainees.
An attorney assistants can work under an employment contract in legal consultation offices, legal firms or with an attorney engaged in legal practice individually.
An attorney assistants have the right to carry out his instructions under the responsibility of an attorney.
An attorney trainee is a citizen of the Republic of Kazakhstan with a higher legal education who has concluded a traineeship agreement with the bar association in order to acquire professional knowledge and practical skills in advocacy.
An individual who meets the requirements established by Clause 2 of the Article 32 of the Law and who has expressed a desire to undergo a traineeship, applies to the Executive Committee of the Bar Association with an application for admission to traineeship with attachment of documents, the list of which is established by the regulation on the procedure for traineeship undergoing by attorney trainees, developed and approved by the Republican Bar Association in coordination with an authorized body.
Based on the results of an application consideration, the Executive Committee of the Bar Association makes one of the following decisions:
- on admission to traineeship;
- on refusal of admission to traineeship from the date of an application submission to the Executive Committee of the Bar Association.
The decision on admission to traineeship is made within five working days.
Refusal to provide traineeship due to recruitment of a large number of trainees is not allowed.
Traineeship is conducted under the guidance of an attorney who has at least five years of experience as an attorney. The duration of traineeship is from six months to one year.
The traineeship period is counted as work experience in the legal profession.
During a traineeship period, a trainee can be hired under an employment contract as an attorney assistant.
A traineeship arrangement is carried out by the Executive Committee of the Bar Association pursuant to the regulation on the procedure for traineeship undergoing by attorney trainees, developed and approved by the Republican Bar Association in coordination with an authorized body.
Based on the results of a traineeship, a trainee`s supervisor draws up a statement and submits it to the Executive Committee of the Bar Association for approval.
Based on the results of a trainee materials consideration, the Executive Committee of the Bar Association decides to approve a traineeship statement or refuses to approve it.
A statement on successful completion of traineeship is valid for three years from the date of its approval by the Executive Committee of the Bar Association.
The decision to refuse to approve a traineeship statement should be motivated and can be appealed at the Republican Bar Association or court.
An individual who has not completed a traineeship is admitted to undergo a traineeship one more time on general grounds.
Individuals who have terminated the powers of a judge on the grounds provided for in the subclauses 1), 2), 3), 9), 10) and 12) Clause 1 of the Article 34 of the Constitutional Law of the Republic of Kazakhstan "On the Judicial System and the Status of Judges of the Republic of Kazakhstan" do not undergo a traineeship.
An assistant and a trainee attorney may not engage in legal practice independently.
The Statute of the Bar Association may provide for financial incentives to trainees for work performed during a traineeship.