Advocate or lobbyist? The UNBA has presented a guide to distinguishing between the professions
The Ukrainian National Bar Association has prepared a guide that helps distinguish between the legal status of an advocate and a lobbyist, explains the limits of permissible activities for each, and prevents possible violations of ethical and legal standards when participating in public policy-making.
The document was developed by members of the UNBA Committee on lobbying — Iryna Shapovalova, Valentyna Tyutyunnik and Yulia Kopiyko.
The guide contains systematic recommendations on distinguishing between advocacy and lobbying, including criteria for determining the purpose, subject matter, form, and legal consequences of each type of professional participation in decision-making processes.
An advocate provides legal assistance to a client on the basis of a contract, guided by the law and the Rules of professional conduct, while a lobbyist represents the interests of a client with the aim of influencing the formation or change of public policy. Therefore, combining these roles can create a conflict of interest or raise questions about the advocate's professional independence.
«Modern advocates are increasingly working in the field of public communications — interacting with parliament, government, and business. However, such actions have clear boundaries defined by law, - commented the guide the Committee chairman Oleksiy Shevchuk. - Therefore, our experts have created a practical guideline that will help advocates also work as lobbyists without violating the rules of professional conduct»
The full text of the guide is available at the link.
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