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3 - Immigration and Refugee Lawyers as Cause-Lawyers

Cause-Lawyering with the Grain?

Published online by Cambridge University Press:  25 March 2019

Agnieszka Kubal
Affiliation:
University College London
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Summary

This chapter conceptualizes a specific group of Russian immigration and refugee lawyers as cause lawyers. Through the portrait of Varvara, I defined the characteristic features of cause lawyering in Russia as corresponding with one particular model of cause lawyering that could be found in the broader literature, namely ‘caring for individual cases.’ This model stresses commitment to defending vulnerable clients based on the formal parameters of the law, at the cost of pursuing precedents leading to transformative changes in the broader legal system. In the second part of the chapter, drawing on the case study of the Kurdish-Syrian family stranded in the transit zone of the Sheremetyevo airport, I introduced a new type of cause lawyering, arguably unique to Russia, which I termed cause lawyering ‘with the grain’. This type illustrates that cause lawyering does not stop even when the limits of law often expose the limits of a particular legal case. Behind each case is an individual, often a very vulnerable individual – an asylum seeker, a refugee, a deportable migrant – who requires support and protection regardless of the limitations of the law. Lawyers who engage in this type of cause lawyering prioritize the livelihoods and welfare of individual clients often at the cost of losing important legal battles.
Type
Chapter
Information
Immigration and Refugee Law in Russia
Socio-Legal Perspectives
, pp. 34 - 59
Publisher: Cambridge University Press
Print publication year: 2019

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