The BCU has set up a working group to reimburse the lawyer costs by a court
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
Legal defence of military personnel
The model for legal assistance to veterans was discussed at the UNBA
A working meeting was held at the Ukrainian National Bar Association, during which representatives of the advocacy profession, the Ministry of Veterans Affairs of Ukraine and a foreign expert discussed approaches to providing legal aid to veterans, the role of the advocacy profession in this system, and the experience of other countries.
Guarantees of the practice of law
The CJU has endorsed guarantees of the legal profession’s independence and has proposed a meeting with the BCU
The Council of Judges of Ukraine has responded to a letter from the Bar Council of Ukraine regarding the inadmissibility of the High Council of Justice granting immunity to a member of the High Council of Justice — a privilege not provided for by law — as well as regarding violations of constitutional guarantees of the independence of the legal profession and attorney-client privilege.
Interaction
The UNBA and the Ministry of Veterans are expanding their cooperation
War veterans, their family members, as well as the family members of fallen Defenders of Ukraine are to receive improved access to professional legal assistance and additional opportunities for independent legal protection.
Legislation
Advocates have warned that the draft Labor Code would curtail workers' protections
Certain provisions of the draft Labor Code of Ukraine regarding collective labor disputes undermine labor protections and do not comply with constitutional and international standards.
Legal defence of military personnel
Representatives from the Ministry of Veterans Affairs and the UNBA discussed veterans' access to justice
On April 3, a working meeting was held at the Ministry of Veterans Affairs of Ukraine with representatives of the Ukrainian National Bar Association, dedicated to improving the effectiveness of legal protection for war veterans and their families.
Educational events
The right of minors to marry: how judicial oversight works
The issue of granting minors the right to marry lies at the intersection of family law, child protection, and judicial discretion. The UNBA Committee on family law dedicated a webinar held on March 30 to this very topic.
Interaction
The UNBA and the Coordination headquarters have agreed to cooperate in assisting those released from captivity
Servicemen released from captivity, family members of prisoners of war, civilians deprived of their personal liberty as a result of armed aggression, as well as persons missing in connection with the war, will gain additional opportunities to access legal assistance and protect their rights.
Self-government
BCU: The HCJ’s decisions undermine the constitutional guarantees of the independence of the advocacy profession
The Bar Council of Ukraine has concluded that, in its recent decisions, the High Council of Justice has, without legal grounds, called into question the right of bar self-governing bodies to protect the guarantees of legal practice and has, in effect, attempted to grant one of its members — who retains the status of an advocate — special immunity from the Rules of professional conduct and disciplinary responsibility.
Publications
Volodymyr Matsko Extradition during wartime: when the risks outweigh the request
Volodymyr Matsko Extradition as a systemic form of rights violations
Victoria Yakusha, Law and Business The anti-corruption vertical cannot «take care» of the Bar as an institution, - acting head of the HQDCB
Censor.net Protecting advocates – protecting justice: addressing concerns about the new law
Ihor Kolesnykov A BRIEF SUMMARY REGARDING THE APPLICATION OF THE ORDER ON EXTENDED CONFISCATION IN LATVIA REGARDING FINANCIAL ASSETS OF…
Valentyn Gvozdiy WORKING IN A WAR ZONE
Lydia Izovitova Formula of perfection
Sergiy Vylkov Our judicial system is so built that courts do not trust advocates