Publication date: 08.07.2024
Liability for violation of clients' rights by advocates
The practice of law is an important element of the legal system that ensures the protection of the rights and freedoms of citizens and legal entities. However, like any other professional activity, the practice of law may be accompanied by cases of violation of clients' rights. Liability for such violations is an important mechanism for ensuring fairness and trust in the legal profession. In this article, we will examine the main aspects of attorneys' liability for violations of clients' rights in Ukraine, the legal mechanisms for protecting clients' rights and the procedure for bringing attorneys to justice.
The main duties of an advocate to a client
Advocates are obliged to adhere to high standards of professional ethics and to carry out their activities in accordance with the law. The main obligations of a lawyer to a client include:
Confidentiality:
- The lawyer is obliged to keep confidential the information received from the client during the provision of legal aid. This obligation continues after the termination of the legal relationship with the client.
Professional competence:
- The advocate shall provide legal aid at a high professional level, applying his or her knowledge and experience to protect the client's interests.
Good faithand integrity:
- The advocate shall act in good faith and in good faith, avoid conflicts of interest, and protect the rights and interests of the client within the limits of the law.
Informing the client:
- The advocate shall provide the client with full and accurate information about his or her rights and obligations, possible legal consequences of certain decisions, the course and results of the case.
Execution of the client's assignments:
- The advocate is obliged to carry out the client's instructions in compliance with the law and ethical standards, to represent the client's interests in court, public authorities and other organisations.
Violation of clients' rights by advocates
Violations of clients' rights by attorneys may take various forms and manifestations. The most common violations include the following:
Disclosure ofconfidential information:
- Disclosure by an advocate of confidential information received from a client without the client's consent, which may lead to significant negative consequences for the client.
Insufficient professional competence:
- Failure to provide adequate legal aid due to insufficient professional competence of the advocate, which may lead to the loss of the case or other negative consequences for the client.
Conflict of interest:
- Actions of the advocate that have a conflict of interest and may harm the interests of the client, for example, representation of the interests of opposite parties in the same case.
Failure to fulfil theclient's instructions in good faith:
- Failure to fulfil or improper fulfilment of the client's instructions by the advocate, which may lead to negative consequences for the client.
Insufficient informing of the client:
- Insufficient or inaccurate information of the client about his or her rights and obligations, possible legal consequences of certain decisions, the course and results of the case.
Types of liability of advocates for violation of clients' rights
Advocates may be held liable for violations of clients' rights in various forms: disciplinary, civil and criminal liability.
Disciplinary liability:
- Disciplinary liability is incurred for violations of professional duties and ethical standards by advocates. It provides for the possibility of bringing an advocate to disciplinary responsibility by the bar association or other self-governing bodies of advocates. Possible sanctions include a warning, reprimand, temporary suspension of the right to practice law or expulsion from the bar.
Civil liability:
- Civil liability is incurred for material or moral damage caused to a client as a result of improper performance of the advocate's duties. The client has the right to seek compensation for damages through the courts.
Criminal liability:
- Criminal liability is incurred if an advocate commits crimes related to his or her professional activities, such as fraud, disclosure of confidential information, abuse of office, etc. Such actions may be qualified under the articles of the Criminal Code of Ukraine.
Procedure for bringing an advocate to liability
The procedure for bringing an advocate to liability depends on the type of violation and the form of liability.
Disciplinary procedure:
- Complaints against the advocate's actions may be filed by clients, other advocates or public authorities with the Qualification and Disciplinary Commission of the Bar. The Commission examines the complaint, finds out the circumstances of the case, hears the advocate's explanations and decides whether to bring the advocate to disciplinary responsibility or not.
Civil procedure:
- A client who believes that his or her rights have been violated by the advocate may file a lawsuit for compensation for damages. The court considers the evidence of improper performance of the advocate's duties and determines the amount of compensation that the advocate is obliged to pay to the client.
Criminal procedure:
- In the event of a crime committed by an advocate, a client or other interested person may file a criminal complaint with the law enforcement authorities. The law enforcement authorities conduct an investigation, collect evidence and, if the facts of the advocate's criminal activity are established, submit the case to the court for consideration.
Protection of clients' rights
Clients whose rights have been violated by advocates have several mechanisms of protection:
Filing acomplaint with the Qualification and Disciplinary Commission of the Bar:
- Clients may file a complaint against the actions of a lawyer with the Qualification and Disciplinary Commission of the Bar, which reviews complaints and decides whether to bring the lawyer to disciplinary responsibility.
Filing a lawsuit incourt:
- Clients may file a lawsuit to the court for compensation for damages in case of improper performance of their duties by the advocate. The court considers the case and makes a decision on compensation.
Appeal to the law enforcement authorities:
- In the event of a crime committed by an advocate, clients may file a report with the law enforcement authorities. The law enforcement agencies conduct an investigation and refer the case to the court for consideration.
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