Publication date: 08.07.2024
Legal regulation of the activities of private advocates
Introduction
The practice of law is an integral part of the legal system, providing citizens and legal entities with qualified legal assistance. Private attorneys-at-law, working independently or within bar associations, play a key role in ensuring access to justice. In this article, we will look at the legal regulation of private attorneys in Ukraine, the basic principles, requirements, rights and obligations of attorneys, as well as the mechanisms of control and responsibility.
Legal framework
The legal regulation of the activities of private attorneys-at-law in Ukraine is based on the following legal acts:
- TheConstitution of Ukraine guarantees the right to legal aid to every citizen.
- TheLaw of Ukraine "On the Bar and Practice of Law " is the main legal act regulating the activities of attorneys.
- TheCode of Professional Ethics for Attorneys sets out ethical standards and rules of conduct for attorneys.
- TheCivil Code of Ukraine defines general provisions on legal relations, including the practice of law.
- TheCriminal Procedure Code of Ukraine - regulates the activities of advocates in criminal cases.
- The Code of Commercial Procedure ofUkraine - regulates the activities of advocates in commercial cases.
- TheCode of Administrative Procedure of Ukraine - regulates the activities of advocates in administrative cases.
Basic principles of the Practice of Law
1. Independence
The advocates shall carry out their activities independently of state bodies, political parties, public associations and other entities. The independence of advocates is a guarantee of objectivity and impartiality in the provision of legal aid.
2. Confidentiality
The advocates are obliged to keep confidential the information received from clients and not to disclose it without their consent. Breach of confidentiality is a serious violation of ethical standards.
3. Professionalism
The advocates shall constantly improve their professional level, ensuring the high quality of legal aid. This includes mandatory training, participation in seminars and conferences.
4. Good faith and honesty
The advocates shall act in good faith and honesty in all legal relations, complying with the law and ethical standards. Dishonest behaviour may lead to disciplinary liability.
Requirements for private advocates
1. Education and qualifications
Private advocates must have a law degree and a certificate of the right to practice law issued by the relevant authority. This ensures the necessary level of knowledge and competence to provide legal aid.
2. Professional ethics
Private advocates are obliged to comply with the Code of Professional Ethics of the Bar, which establishes the rules and regulations for the conduct of advocates in their professional activities.
3. Licensing and registration
In order to practice law, private attorneys must obtain a licence and register with the relevant register of attorneys. This allows for the control and regulation of advocates' activities at the legislative level.
Rights of private advocates
1. The right to independent professional activity
Private advocates have the right to carry out their professional activities independently of any external pressure or influence, ensuring objectivity and impartiality in the provision of legal aid.
2. The right to confidentiality
Private advocates have the right to maintain the confidentiality of information received from clients and to protect professional secrecy. This ensures the trust of clients and the protection of their rights.
3. The right to access to information
Private advocates have the right to receive the necessary information and documents for the provision of legal aid, including access to case files, information from state registers and other sources.
4. The right to represent clients' interests
The private advocates shall have the right to represent the interests of their clients in courts, state authorities, local self-government bodies, enterprises, institutions and organisations.
Duties of the advocates
1. Provision of quality legal aid
Private advocates are obliged to provide legal aid at a high professional level, in compliance with the law and ethical standards. They must ensure the protection of the rights and interests of clients in the best possible way.
2. Observance of professional ethics
The private advocates shall adhere to the norms of professional ethics, be honest, conscientious and respect the rights of clients and other participants of legal relations.
3. Maintaining confidentiality
Private advocates are obliged to keep the information received from clients confidential and not to disclose it without their consent. This is the basis of trust between the advocate and the client.
4. Continuing professional development
Private advocates should constantly improve their qualifications, attend courses, seminars and conferences to keep abreast of the latest changes in legislation and legal practice.
Mechanisms of control over the activities of private advocates
1. Bar associations
The bar associations control the observance of ethical norms and standards of professional activity by advocates. They may consider complaints against advocates and apply disciplinary measures.
2. Disciplinary commissions
The disciplinary commissions are established at the bar associations and are authorised to consider cases of ethical violations by advocates. They may impose disciplinary sanctions on advocates based on the results of the consideration of cases.
3. Courts
The courts may consider cases of violations of clients' rights by advocates in cases where such violations have legal consequences. Court decisions may include the award of damages and the imposition of legal sanctions.
Liability of private advocates
1. Disciplinary liability
The advocates may be subject to disciplinary liability for breach of ethical norms and standards of professional conduct. Disciplinary sanctions may include:
- Reprimand: Issuance of a formal admonition to the lawyer.
- Reprimand: Issuance of 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 damage.
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