The BCU has set up a working group to reimburse the lawyer costs by a court

Advocacy
16:25 Mon 02.04.18 818 Reviews
Print

On March 30, the Bar Council of Ukraine considered a lawyer Illia Solod's application regarding the clarification on the average cost of the lawyer's work hour..

The need for such an explanation is motivated by new provisions of the procedural legislation, which provides for the reimbursement of a lawyer's fee at the expense of court fees. Thus, Part 3 of Art. 123 of the Economic Procedural Code refers to the costs associated with the case, the costs of professional legal assistance. The Code stipulates that the amount of payment for the services of an attorney must be commensurate with the complexity of the case and the work performed by the lawyer, the time spent by the lawyer, the volume of services and the price of the claim. At the same time, if the complexity of the case and the amount of work by the court can be determined on their own, the determination of the time will require additional proof. At the same time, in some cases, the author of the appeal notes, the time and importance of the case for a particular party is not provided by legislation. Therefore, the court may refuse to pay the appropriate legal costs.

«Such state of affairs creates an additional obligation for the participants in the case to justify the selection of a particular lawyer, leads to the risk of loss by the party in whose favor the decision was made, part of the actual costs incurred by the court», - argues his position the lawyer Solod.

He points out that the procedure for determining the remuneration for professional legal assistance provided by the Code contradicts the provisions of the relevant law on the Bar and the Rules of Advocate's Ethics. According to them, the fee is determined by the parties to the agreement on the provision of legal aid.

A similar conflict was created in the Code of Administrative Procedure and the Civil Procedural Code.  

"In view of the lack of unity in determining the costs of professional legal assistance in procedural law, the Law and Rules of Bar Ethics, the subjective approaches of participants in the trial, there is likely to be a dispute over the size of the fee in the future. The decisive evidence in such a dispute will be a court decision in favor of the client, which reduces the amount of payments for the provision of professional legal assistance, which in no way will help to ensure the guarantees of advocacy ", - said in an address to the BCU.

The lawyer Solod asks the BCU to explain the average cost of one hour spent by a lawyer on representation in court, of other professional assistance (preparation of a case for consideration, gathering of evidence, etc.), as well as the cost of services of a lawyer's assistant in relation to the minimum wage. The lawyer also asks to take into account such factors as the stage of the trial, the scope and the quality of the documents, the place of legal aid (Ukraine and foreign jurisdictions), the qualifications and experience of the lawyer, other factors.

The BCU has decided to set up a working group to which the author of the application should be included, as well as economists who can provide expert assessments regarding the pricing of lawyers' services.

Popular news

A bill implementing the Convention on the Protection of the Professions of Lawyer has been introduced

Legislation

A bill implementing the Convention on the Protection of the Professions of Lawyer has been introduced

The constitutional guarantees of legal aid, defense, and the independence of advocacy cannot be realized without protecting advocates from unwarranted interference in their professional activities, including searches, the seizure of professional materials and the use of criminal procedural mechanisms to exert pressure.

14:08 Mon 05.10.26 122
The UNBA presented the key provisions of the future law on advocacy in Brussels

Rule of Law Roadmap

The UNBA presented the key provisions of the future law on advocacy in Brussels

The Ukrainian National Bar Association presented its proposals for the upcoming law on advocacy, aligned with the Rule of Law Roadmap. The presentation covered topics such as access to the profession, self-governance, disciplinary procedures, professional development and guarantees for the practice of advocacy.

20:36 Thu 01.10.26 128
Independent oversight is necessary before using CISA materials against an advocate – Lidiya Izovitova

Guarantees of the practice of law

Independent oversight is necessary before using CISA materials against an advocate – Lidiya Izovitova

Before the prosecution uses information obtained during covert investigative actions and related to an advocate’s activities, independent procedural oversight must be conducted. It is necessary to determine whether such information is covered by attorney-client privilege and whether it may be disclosed.

15:47 Fri 25.09.26 173
Efforts to develop advocacy must be brought to fruition — A. Misyats

Self-government

Efforts to develop advocacy must be brought to fruition — A. Misyats

The Ukrainian advocacy profession is currently going through a critical phase. Amid the war, it must ensure the continuity of legal aid, defend the independence of the profession, and improve qualification and disciplinary procedures in accordance with European standards. The work that has been started must be brought to a practical conclusion.

20:32 Fri 18.09.26 145
Protecting the legal profession, cybersecurity and support for advocates: common themes for the IBA and the UNBA

Support

Protecting the legal profession, cybersecurity and support for advocates: common themes for the IBA and the UNBA

On September 18, a working meeting was held at the office of the Ukrainian National Bar Association with Executive Director of the International Bar Association (IBA) Mark Ellis. The parties discussed the Ukrainian advocacy profession’s participation in European legal processes, the protection of the UNBA’s digital infrastructure, psychological support for advocates and future areas of cooperation.

19:46 Fri 18.09.26 199
Tax residency of Ukrainians abroad: what matters

Educational events

Tax residency of Ukrainians abroad: what matters

The determination of tax residency for Ukrainians who have been living abroad for an extended period depends on the combination of their personal and economic ties to each country. The established status determines the procedure for reporting income, paying taxes and fulfilling CFC reporting obligations.

18:19 Thu 17.09.26 181
When working with sole proprietorships leads to business fragmentation: criteria and recommendations

Discussion

When working with sole proprietorships leads to business fragmentation: criteria and recommendations

What criteria do regulatory and law enforcement agencies use to identify artificial business fragmentation? How does this model differ from franchising? And when can tax optimization lead to criminal liability?

13:18 Wed 16.09.26 108
Are Europe's advocacy associations prepared for a potential war? V. Gvozdiy shared lessons from the Ukrainian experience

War

Are Europe's advocacy associations prepared for a potential war? V. Gvozdiy shared lessons from the Ukrainian experience

The continuity of the bar’s self-governance, the protection of professional registries and archives, as well as equal guarantees of employment for advocates, judges, and prosecutors must be enshrined in advance in legislation in the event of war or another emergency.

9:42 Mon 14.09.26 257

Надішліть файл із текстом публікації у форматі *.doc, фотографію за тематикою у розмірі 640х400 та Ваше фото.

Оберіть файл