Attempts to pressure advocates through the media are unacceptable – UNBA

The Ukrainian National Bar Association condemned attempts to pressure an advocate through the dissemination of false information in the media and reiterated the guarantees of independence of the profession.

A series of publications appeared on little-known Internet resources against an advocate who represented a client in a high-profile bankruptcy case involving a large state-owned enterprise. These publications contained offensive information and unsubstantiated allegations of alleged involvement in fraudulent schemes, violations of professional ethics, abuse of client trust, and use of family connections to influence the court and law enforcement agencies.

At the same time, during the entire period of the advocate’s professional activity, no complaints had been filed against him with the Qualification and Disciplinary Commission of the Bar.

In order to refute the disseminated information, the advocate appealed to the website administrators with a request to remove the inaccurate information, but received no response. He then asked the Ukrainian National Bar Association to protect his professional rights.

The UNBA Committee for the Protection of Lawyers' Rights and Guarantees of the Legal Profession investigated the circumstances of the case and recalled that any form of pressure on a lawyer, including through the dissemination of inaccurate, offensive or defamatory information about him or his family members, is unacceptable and constitutes a threat to the independence of the legal profession.

According to Article 62 of the Constitution of Ukraine, a person shall be presumed innocent until proven guilty in accordance with the law and by a court verdict. Attempts to exert unlawful influence on an advocate pose a serious threat to the institution of advocacy and justice as a whole.

Any form of obstruction of the lawful activities of a defense lawyer or representative providing legal assistance, or violation of the guarantees established by law for their activities, is a crime punishable under Article 397 (Interference in the activities of a defense lawyer or representative) of the Criminal Code.

The UNBA called for respect for the legal profession and refraining from spreading unfounded accusations against members of the profession.

According to Article 277 of the Civil Code, a person whose personal non-property rights have been violated as a result of the dissemination of inaccurate information about them and/or their family members has the right to respond and to refute this information. The refutation of inaccurate information shall be carried out by the person who disseminated the information, regardless of their fault, in the same manner in which the information was disseminated.