Publication date: 08.07.2024
Liability for violation of clients' rights by lawyers
Introduction
Advocates play an important role in the justice system, ensuring the protection of the rights and legitimate interests of individuals and legal entities. However, as in any professional activity, there may be situations when advocates violate the rights of their clients. In Ukraine, there is a set of legal rules that regulate the activities of advocates and establish liability for breach of their professional duties. In this article, we will look at the main aspects of attorneys' liability for violations of clients' rights, the legal framework, types of liability and examples of specific violations.
Legal framework
The following key legal acts regulate the liability of attorneys for violation of clients' rights in Ukraine:
- TheConstitution of Ukraine guarantees the right of every citizen to protect his or her rights and interests.
- TheLaw of Ukraine "On the Bar and Practice of Law " defines the legal framework for the activities of advocates, their rights and obligations, as well as liability for breach of professional duties.
- Civil Code of Ukraine - sets out general provisions on obligations and liability for non-performance or improper performance of contractual obligations.
- TheCriminal Code of Ukraine provides for criminal liability for crimes related to the practice of law.
- Code of Ukraine on Administrative Offences ( CUAO) - regulates administrative liability for violations of clients' rights.
- TheRules of Professional Conduct - sets out the ethical standards for the activities of lawyers and their liability for breach of these standards.
Types of liability of advocates
1. Disciplinary liability
Disciplinary liability is imposed for violation of professional duties and ethical standards by the advocate. The bodies exercising disciplinary supervision are the Qualification and Disciplinary Commissions of the Bar (QDCB).
- Reprimand: The mildest form of disciplinary sanction, which involves an official warning to the advocate.
- Suspension of the right to practice law: Temporary suspension of the advocate's right to practice law.
- Deprivation of the right to practice law: The most severe disciplinary sanction, which provides for the deprivation of the advocate's right to practice law.
2. Civil liability.
Civil liability is incurred for the failure to fulfil or improper fulfilment of contractual obligations to the client, which results in the infliction of losses or damage.
- Compensation for material damage: The advocate shall be obliged to compensate the client for all material losses incurred as a result of improper performance of his or her duties.
- Compensation for non-pecuniary damage: In case the client suffers non-pecuniary damage, the advocate may be obliged to pay the appropriate compensation.
3. Administrative liability
Administrative liability arises for violations that are less dangerous to the public, but are still illegal and may cause harm to the client.
- Fines: Administrative fines can be imposed for a variety of violations, including failure to comply with professional duties or ethical standards.
4. Criminal liability.
Criminal liability is incurred for offences related to the practice of law that pose a great danger to society.
- Imprisonment: For serious offences such as fraud, forgery or abuse of office, a lawyer may be sentenced to imprisonment.
- Finesand correctional labour: Fines or correctional labour may be imposed for less serious offences.
Examples of violations of clients' rights
1. Fraudulent provision of services
One of the most common violations is the malpractice of a lawyer, which may include providing false information, failing to fulfil obligations or improperly representing the client's interests in court.
2. Conflict of interest
A conflict of interest arises when the advocate simultaneously represents the interests of the parties with conflicting interests or has a personal interest in a case that contradicts the interests of the client.
3. Disclosure of confidential information
The disclosure of confidential information received from the client is a serious violation of the Practice of Law and may lead to disciplinary and civil liability.
4. Abuse of the client's trust
Abuse of client's trust includes cases when the advocate uses the data or resources received from the client for personal purposes or to the detriment of the client.
Mechanisms for protection of clients' rights
1. Filing a complaint with the CDC
Clients have the right to lodge a complaint against the advocate's actions with the Qualification and Disciplinary Commission of the Bar (QDCB). The CDC examines the complaint, conducts an investigation and decides on the application of disciplinary measures.
2. Appeal to the court
Clients have the right to apply to the court for compensation for pecuniary or non-pecuniary damage caused by the advocate's misconduct.
3. Appeal to the law enforcement authorities
If the advocate commits a crime, the clients shall have the right to apply to the law enforcement authorities with a request to bring the advocate to criminal liability.
4. Consultations with another advocate
In case of doubts about the advocate's actions, clients may seek advice from another advocate who will help to assess the legality of the advocate's actions and protect the client's interests.
Examples of court practice
1. Compensation for damages for improper representation
In one of the cases, the court satisfied the client's claim for compensation for damages caused by improper representation by the advocate in court. The court ordered the advocate to compensate the client for pecuniary losses and pay compensation for non-pecuniary damage.
2. Deprivation of the right to practice law
In another case, the Qualification and Disciplinary Commission of the Bar decided to disbar an advocate for disclosing confidential client information. This decision was confirmed by the court after the advocate appealed.
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