Publication date: 08.07.2024
The procedure for appealing against the actions of advocates
Introduction
Appealing against the advocates' actions is an important aspect of ensuring the rights and freedoms of clients, as well as maintaining high standards of the Practice of Law. The process of appealing against the actions of advocates provides for a certain procedure and mechanisms that allow clients to protect their rights in case of violations by advocates. In this article, we will look at the main legal grounds, the procedure for filing complaints, the bodies that consider complaints, and the possible consequences for advocates.
Legal basis
Appeals against the actions of advocates in Ukraine are regulated by a number of legal acts:
- TheLaw of Ukraine "On the Bar and Practice of Law " - defines the legal and organisational basis of the practice of law, the rights and obligations of advocates.
- TheCode of Professional Ethics for Attorneys - sets out ethical standards and rules of conduct for attorneys.
- Civil Code of Ukraine - defines general provisions on obligations and liability.
- TheCivil Procedure Code of Ukraine - regulates the procedure for judicial consideration of civil cases.
- TheCode of Administrative Procedure of Ukraine - regulates the procedure for judicial review of administrative cases.
Grounds for appealing against the advocates' actions
Appeals against the actions of advocates may be based on the following grounds:
- Violation of ethical standards: Failure of the advocate to comply with the Code of Professional Conduct for Advocates.
- Poorquality of legal aid: Negligent or unprofessional performance of duties by an advocate.
- Breach ofconfidentiality: Disclosure by an advocate of information received from a client without the client's consent.
- Conflict of interest: Representation by an advocate of interests that conflict with the interests of the client.
- Misconduct: Abuse of the client's trust, fraud or other misconduct.
Bodies that consider complaints against advocates
1. Bar associations
The bar associations control the observance by advocates of ethical norms and standards of professional conduct. They consider complaints against advocates and may impose disciplinary measures.
2. Disciplinary commissions
Disciplinary commissions are established at the bar associations. They are authorised to consider cases of ethical violations by advocates and to decide on the application of disciplinary sanctions.
3. Courts
The courts may consider cases of violations of clients' rights by lawyers in cases where such violations have legal consequences. Court decisions may include the award of damages and the imposition of legal sanctions.
The procedure for filing a complaint against the advocate's actions
1. Preparation of the complaint
In order to file a complaint against the advocate's actions, it is necessary to prepare a written complaint, which shall contain
- Personal data of the complainant: Name, address, contact details.
- Information about the advocate: Name, number of the certificate of the right to practice law, address of the law firm.
- Description of the violation: A detailed description of the advocate's actions or omissions that violated the client's rights.
- Evidence: Documents, testimonies and other evidence confirming the violation of the client's rights.
2. Filing a complaint
The complaint may be filed with the bar association, the disciplinary commission or the court. The complaint may be filed in person, by mail or through electronic means of communication.
3. Preliminary investigation
After the complaint is filed, the relevant authority conducts a preliminary investigation, during which the circumstances of the case are clarified and evidence is collected. This may include interviewing witnesses, analysing documents and other investigative actions.
4. Consideration of the complaint
The complaint is considered at a meeting of the disciplinary commission or the bar association. Both parties are heard at the meeting, the evidence is examined and a decision is made on the presence or absence of a violation.
5. Decision-making
After consideration of the complaint, the decision to impose or not to impose disciplinary sanctions on the advocate shall be made. The decision shall be drawn up in the form of a written act, which shall be communicated to the complainant and the advocate.
6. Appeal against the decision
The advocate or the complainant shall have the right to appeal against the decision of the disciplinary commission or the bar association to a higher instance or court. The appeal procedure involves filing an appeal and consideration of the case by the relevant body.
Possible consequences for advocates
1. Disciplinary sanctions
Disciplinary sanctions may include:
- Remarks: Issuance of a formal admonition to the lawyer.
- Reprimand: A reprimand for a breach of ethical standards.
- Deprivation of the right to practice law: Temporary or permanent deprivation of the right to practice law.
2. Civil liability
Advocates may be held civilly liable for damages caused to clients as a result of unlawful acts or omissions. This may include compensation for pecuniary and non-pecuniary damages.
3. Criminal liability
In cases where the violation of the clients' rights contains signs of a criminal offence, the advocates may be criminally liable. This may include fraud, breach of trust, illegal actions, etc.
Practical advice for clients
1. Preservation of documents
Keep all documents related to your case, including correspondence with your lawyer, copies of documents, testimonies and other evidence. This will help you to file a complaint and prove that your rights have been violated if necessary.
2. Consult with other lawyers
If you are in doubt about the actions of your lawyer, seek advice from another lawyer or law firm. They can provide an independent assessment of the situation and recommend further action.
3. Use all available mechanisms
If your rights are violated by your lawyer, use all available mechanisms of protection, including filing a complaint with the bar association, the disciplinary commission or the court.
Conclusion.
Appealing against the actions of advocates is an important mechanism for protecting the rights of clients and maintaining high standards of legal profession. It is important to know your rights, the procedure for filing complaints and the bodies that consider such complaints. The use of all available mechanisms of protection will allow you to effectively protect your interests and contribute to improving the quality of legal aid in Ukraine.
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