Judge refuses prosecutor's request to seize advocate's laptop

Investigating judge Vitaliy Tsiktych of the Shevchenkivskyi District Court of Kyiv denied the prosecutor of the Prosecutor General's Office's request to seize property seized during a search of an advocate's office.

The relevant ruling was issued on June 17.

On May 21, detectives from the Economic Security Bureau began searches of the company's premises. The office of the advocate, who worked as a staff lawyer for the company, was located on the floor where the investigative actions took place.

The search covered a large area and lasted two days. The detectives entered the lawyer's office on May 22. Oleksandr Levadnyi, deputy chairman of the Committee for the Protection of Lawyers' Rights and Guarantees of Legal Practice of the Ukrainian National Bar Association, arrived at the scene.

As a result of the search, a laptop was seized from the advocate's office. Documents relating to the company's activities were found on it. At the same time, the device contained information that is subject to attorney-client privilege. This was noted by a representative of the UNBA, who recorded his comments in writing, pointing out the violation of professional guarantees provided by law.

We remind you that, according to Article 23 of the Law «On Advocacy and Advocacy Activities», it is prohibited to require an advocate to provide information that is subject to attorney-client privilege, as well as to conduct an inspection, disclose, request, or seize documents related to the practice of advocacy.

During a search or inspection of the home or other property of an advocate, or of the premises where he or she carries out his or her professional activities, a representative of the regional bar association must be present. The latter shall have the right to ask questions and submit comments and objections regarding the conduct of the proceedings, which shall be recorded in the minutes.

«This ruling by the investigating judge is an example of how the timely response of the bar self-government helps to protect attorney-client privilege even in the difficult conditions of a search. We recorded violations during the seizure of equipment, and the court took these circumstances into account when deciding on the seizure of property, - commented O. Levadny. - It is also important to understand that the guarantees enshrined in the relevant law are not privileges of the legal profession, but an important element in ensuring the constitutional right of everyone to professional legal assistance».