The status of a lawyer is not about privileges, but about standards of behaviour, - Solodko
During the search of the apartment, the lawyer apparently decided to get rid of unnecessary information and probably threw his phone and flash drives from the balcony. However, such «methods of defence» were recorded by law enforcement officers.
Yevhen Solodko, a member of the Ukrainian National Bar Association's Committee on Protection of Advocates' Rights and Guarantees of Legal Practice, took part in the investigation, which was conducted by detectives of the National Anti-Corruption Bureau on the basis of a ruling of the High Anti-Corruption Court.
Pursuant to Art. 23 of the Law on the Bar and Practice of Law, a representative of the bar self-government body must be present during the search or inspection of the advocate's home or other property, premises where he or she carries out the practice of law, and temporary access to the advocate's belongings and documents. In order to ensure his or her participation, the official who will conduct the relevant investigative action or apply the measure of restraint in criminal proceedings shall notify the bar council of the region at the place of such procedural action in advance. In order to protect the professional secrecy, the representative shall be entitled to ask questions, submit his or her comments and objections to the procedure for conducting procedural actions specified in the protocol.
While searching the balcony of an apartment, detectives noticed that a phone and several flash drives were lying on the ground below it. When one of the law enforcement officers dialled the number of the lawyer whose apartment was being searched, the phone under the balcony started ringing. In this regard, an additional group of NABU officers was called in to inspect the area under the balcony of the searched apartment.
«The status of an attorney-at-law is not only guarantees of activity, which some people mistakenly consider privileges. It also means higher standards of behaviour (compared to ordinary citizens) and respect for the legal profession», said Solodko.
He referred to Articles 12, 12-1 of the Rules of Professional Conduct, according to which a lawyer in all his activities must affirm respect for the legal profession, which he represents, its essence and public purpose, and contribute to the preservation and enhancement of respect for it in society. The advocate shall adhere to this principle not only in his or her professional activities, but also in public, journalistic and other spheres. The advocate must also be of good character, honestly and with dignity perform his or her professional duties.
«However, the established guarantees do not so much protect a person as ensure compliance with all the principles and foundations of the legal profession», the UNBA representative stressed. Thus, in particular, according to Art. 23 of the Law:
- operational and investigative measures or investigative actions, which may be carried out only with the permission of the court, shall be carried out against the advocate on the basis of a court decision made at the request of the Prosecutor General, his or her deputies, the prosecutor of the Autonomous Republic of Crimea, region, city of Kyiv and city of Sevastopol;
- it is prohibited to inspect, disclose, demand or seize documents related to the practice of law;
- interference with the advocate's private communication with a client is prohibited.
- in case of search or inspection of the advocate's home or other property, premises where he or she carries out the practice of law, temporary access to the advocate's belongings and documents, the investigating judge or court shall specify in its decision the list of things and documents to be searched, discovered or seized.
«It is clear that such actions of the advocate during the search hardly embellish him as a professional. But there are other questions: was he honest, did he behave with integrity and dignity, can we talk about the assertion of respect for the legal profession? And they are the criteria of proper behaviour established by the Rules of Professional Conduct. And the answers to them may well become the subject of consideration in a disciplinary case in the future. If, of course, the relevant complaint is received by the CDQA», warns Solodko.
Popular news
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.
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.
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.
Greetings
The UNBA honored the winners of the «In the language of prose» contest and opened a fashion exhibition
The competition was organized by the UNBA Committee on humanitarian issues and creative initiatives in cooperation with the Center for advocacy and legal research. Two dozen advocates from various regions of Ukraine submitted their works to the competition committee for consideration. The entries were evaluated based on originality, the relevance of the chosen topic and the level of technical skill.
Discussion
What is holding back funding for gas-fired power generation – discussion between businesses and banks at the UNBA
To provide loans for new gas-fired power generation projects, banks require a predictable cash flow, an investor’s equity contribution, and risk-sharing mechanisms. A business model that relies solely on a preferential gas price is not a sufficient basis for financing.
Educational events
Preparing a court argument: 7 tips for advocates
When preparing a courtroom speech, it is best to begin by formulating the decision the advocate is asking the court to render. Next, the structure of the speech should be built around this outcome, strong arguments should be selected, and weak points should be addressed.
Legislation
Advocates’ access to the TCC and the SP should be regulated by law – Ombudsman
The practice of denying advocates access to the premises of the TCC and the SP bears the hallmarks of systematic obstruction of the legal profession and deprives people of the opportunity to promptly obtain professional legal assistance. The procedure for such access must be codified in regulations issued by the Ministry of Defense.
Legislation
The path to ratification of the Convention must not end in yet another delay — L. Izovitova
Ukraine’s preparations for the ratification of the Council of Europe Convention on the Protection of the Professions of Lawyer have already passed key stages. Now, government institutions must submit the matter to the Verkhovna Rada for consideration. In doing so, Ukraine may complete the ratification process faster than EU member states.
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