Publication date: 09.07.2024
Liability for violation of clients' rights by advocates in Ukraine
The rights of clients in their relations with advocates are ensured not only by regulatory legal acts, but also by the principles of professional ethics of advocates. In case of violation of clients' rights by advocates, various liabilities are provided for: civil, administrative, disciplinary and criminal. In this article, we will consider the main aspects of attorneys' liability for violation of clients' rights in Ukraine, including the legal framework, types of liability, procedures for bringing to liability and protection of clients' rights.
The legal framework
Attorneys' liability for violation of clients' rights is regulated by the following key legal acts:
- TheLaw of Ukraine "On the Bar and Practice of Law".
- TheCivil Code of Ukraine.
- TheCriminal Code of Ukraine.
- TheCode of Ukraine on Administrative Offences.
- TheRules of Professional Conduct.
Types of liability of advocates
Civil liability of advocates
The advocates' civil liability arises in case of causing damage to the client as a result of non-fulfilment or improper fulfilment of the terms of the agreement for legal aid.
- Compensation for pecuniary damage: The advocate shall be obliged to compensate the client for the material damage caused by his or her unlawful acts or omissions.
- Compensation for non-pecuniary damage: In case of causing moral damage to the client (for example, in case of breach of confidentiality or failure to fulfil professional duties), the advocate may be obliged to compensate for moral damage.
Administrative liability
Administrative liability of lawyers arises in cases of violation of administrative legislation related to the provision of legal aid.
- Fines: A lawyer may be held liable for administrative offences by way of a fine.
- Warnings: A lawyer may receive a warning for minor administrative offences.
Disciplinary liability
Disciplinary liability of lawyers occurs in cases of violation of professional duties, ethical standards or rules of practice.
- Reprimand: An advocate may be reprimanded for minor breaches of professional duties or ethical standards.
- Suspension of the Practice of Law: In the case of serious violations, the advocate may be suspended from his or her professional activity.
- Deprivation of the right to practice law: In case of gross or systematic violations, the advocate may be disbarred.
Criminal liability
Criminal liability of lawyers arises in cases of committing offences related to the provision of legal aid.
- Deprivation of liberty: For offences such as fraud, abuse of office or bribery, a lawyer may be imprisoned.
- Fines: For less serious offences, a lawyer may be subject to criminal liability in the form of a fine.
- Prohibition to engage in certain activities: An advocate may be disbarred for a specified period of time or for life.
Procedures for bringing advocates to liability
Civil liability
- Filing alawsuit: A client who believes that his or her rights have been violated by an advocate may file a civil action in court seeking compensation for pecuniary and non-pecuniary damage.
- Consideration of thecase by the court: The court considers the case, taking into account the evidence presented by the parties, and decides on the compensation of damages if the advocate's guilt is proved.
Administrative liability
- Complaint to a public authority: A client may file a complaint with a public authority (e.g., the State Labour Service of Ukraine or another authorised body) that deals with administrative offences.
- Consideration of thecase by the state authority: The authorised body considers the complaint and decides whether to impose an administrative penalty on the advocate.
Disciplinary liability
- Complaint to the disciplinary commission: A client may file a complaint with the disciplinary commission of the bar association or the bar council, which considers violations of ethical standards and professional duties by advocates.
- Consideration of thecase by the disciplinary commission: The disciplinary commission considers the complaint, hears the advocate and decides on the application of disciplinary sanctions in case of proof of his or her guilt.
Criminal liability
- Appeal to the law enforcement authorities: The client or another person who witnessed a crime committed by the advocate may file a report with the law enforcement authorities about the crime.
- Investigation of a criminal case: The law enforcement authorities conduct an investigation, collect evidence and bring the case to court if the advocate is found guilty.
- Trial of thecase: The court considers the criminal case, hears the evidence and testimony of the parties, and decides whether to bring the advocate to criminal liability if the guilt is proved.
Protection of clients' rights
The right to apply to the court
Clients have the right to apply to the court for the protection of their rights in case of their violation by the advocate. The court may decide to compensate for pecuniary and non-pecuniary damage caused by the advocate's misconduct.
The right to appeal to the disciplinary commission
Clients have the right to apply to the disciplinary commission of the bar association or the bar council with complaints about violations of ethical standards and professional duties by advocates. The disciplinary commission considers the complaints and decides on the application of disciplinary sanctions.
The right to apply to law enforcement authorities
Clients have the right to apply to the law enforcement authorities with statements about the commission of crimes by advocates. The law enforcement authorities shall conduct an investigation and refer the case to the court if the advocate's guilt is proved.
The right to receive consultations and assistance
Clients have the right to seek advice and assistance from other advocates, law firms or non-governmental organisations that protect the rights of clients in their relations with advocates.
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