Convention for the Protection of the Profession of Lawyer adopted by the Council of Europe
The Council of Europe at its 1522nd meeting, held on March 11 and 12, 2025, adopted the Council of Europe Convention for the Protection of the Profession of Lawyer.
The text of the document in English can be downloaded here. An unofficial translation into Ukrainian is available here.
This is the first international treaty aimed at protecting the legal profession, - the Council of Europe's official website commented on the adoption of the convention. The decision was a response to the growing number of reports of attacks on the legal profession, in particular in the form of harassment, threats, physical attacks or interference with the exercise of professional duties (for example, creating obstacles to access to clients).
Lawyers play a key role in ensuring the rule of law and access to justice for all, including in defending human rights. Therefore, public confidence in the justice system depends to a large extent on the role of lawyers.
The Convention applies to both lawyers and their professional associations, which play an important role in protecting the rights and interests of lawyers.
Thus, the parties must ensure that the national legal and regulatory framework guarantees the independence and self-governance of professional associations. The election of their governing bodies should be conducted in accordance with the applicable rules and without external interference.
Professional associations may:
- promote and represent the interests of advocates and their profession;
- support and protect the independence of advocates and their role in society
- develop professional standards of conduct and promote their observance in accordance with this Convention;
- promote access to the profession, as well as the continuing education and training of lawyers;
- to cooperate with lawyers, other professional associations, international, intergovernmental and non-governmental organizations in matters of law and the practice of law, in particular in the promotion and protection of the role of lawyers;
- to promote the welfare of advocates and to provide assistance to them and their families, if necessary.
States should ensure that professional associations are timely and effectively involved in consultations on government proposals for changes to legislation, procedural and administrative rules that directly affect the professional activities of lawyers and the regulation of the profession. Any requirement for membership in a professional association should not prevent lawyers from establishing and participating in other associations to protect their professional interests and activities.
The document also contains provisions on the right to practice law, professional rights, freedom of expression, professional discipline, and provides for special measures to protect lawyers and their associations.
According to the Convention, states are obliged to ensure that lawyers can perform their professional duties without the threat of physical attacks, threats, harassment, intimidation or unlawful obstruction or interference. If such actions may constitute a criminal offense, the Parties shall conduct effective investigations.
The Convention will be opened for signature on May 13 during a meeting of Council of Europe foreign ministers in Luxembourg.
To enter into force, the document must be ratified by at least eight countries, six of which must be members of the Council of Europe. Compliance with the Convention will be monitored by an expert group and a committee of the Parties.
As a reminder, in 2020, the European Committee on Legal Cooperation (CDCJ) explored possible measures to ensure the protection of lawyers. One of them was to be a new legal instrument based on Recommendation R(2000)21 of the Committee of Ministers on the freedom of exercise of the profession of lawyer, the Convention for the Protection of Human Rights and Fundamental Freedoms, and the case law of the European Court of Human Rights. In order to implement the developments, in 2022, the CDCJ established the Committee of Experts on the Protection of Advocates (CJ-AV), which included 15 experts from all over Europe, including Ukraine.
One of the drafters of the convention was Valentyn Gvozdiy, the Vice President of the Ukrainian National Bar Association and the Bar Council of Ukraine, who was also elected Vice President of the CJ-AV.
Popular news
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.
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.
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.
Tragic news
Former CCBE President James MacGuill has passed away
The Ukrainian National Bar Association expresses its condolences on the passing of James MacGuill — a renowned Irish advocate and former president of the Law Society of Ireland and the Council of Bars and Law Societies of Europe (CCBE).
Educational events
How DISC helps manage «tigers», «monkeys», «elephants» and «turtles»
The same instruction from a manager may motivate one employee to take action, while leaving another without the necessary guidance. People perceive work tasks differently: for some, a deadline and the expected outcome are enough, while others need explanations, time or a detailed plan.
Guarantees of the practice of law
The Council of Europe Convention will strengthen constitutional guarantees of human rights – M. Stavniychuk
The exclusive right of an advocate to represent another person in court, as enshrined in the Constitution, should be viewed as an integral part of the mechanism for protecting human rights in Ukraine. Furthermore, ratification of the Council of Europe Convention on the Protection of the Professions of Lawyer could strengthen the substance of this and other guarantees.
Legislation
The Verkhovna Rada is preparing a bill to implement the Convention on the Protection of the Professions of Lawyer
Members of Parliament plan to introduce a bill in the near future to implement the main provisions of the Council of Europe Convention on the Protection of the Professions of Lawyer. This parliamentary initiative may also prompt the government to expedite the preparation of the ratification package.
Educational events
What an advocate should consider when a fee dispute escalates into a complaint to the QDBC
If an advocate files a lawsuit seeking to recover fees from a client, the client may in turn file a complaint with the High Qualification and Disciplinary Commission of the Bar in an effort to compel the advocate to withdraw the lawsuit. How do the advocacy’s disciplinary bodies handle such cases?
Publications
Vasyl Kolishnyi, «Law and Business» Supporting mental health should become part of the professional culture of the Bar, - H. Udovenko
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