Status of a foreign lawyer in the Czech Republic: Prospects for obtaining it
For those Ukrainian lawyers who left for the EU because of the war and continue to practice, it is of particular importance to obtain the status of a foreign lawyer in the host country. At the very least, it is a matter of ensuring the preservation of the attorney-client privilege.
Olena Maksymenko, the UNBA representative in the Czech Republic, spoke about the prospects of obtaining the relevant status for Ukrainian lawyers in the Czech Republic during a meeting with the leadership of the Czech Bar Association (Česká advokátní komora, ČAK): President Robert Nemec and Vice Presidents Monika Novotna and Martin Meissner.
In particular, foreign colleagues were very interested in the possibility of Ukrainian lawyers to continue their work online from anywhere in the world.
Therefore, the UNBA representative spoke about the possibilities of signing and submitting electronic documents, showed the applications that have already become an integral part of the legal profession in Ukraine (Electronic Court, Diia), demonstrated the nuances of work on the examples of submitting a power of attorney for representation to the court, an agreement for the provision of legal services, and promised to prepare an article for Czech lawyers on Ukraine's experience in the digitalisation of legal proceedings, which will be published in the ČAK newsletter.
At the same time, representation of clients' interests is inextricably linked to compliance with the guarantees of activity, in particular, the preservation of attorney-client privilege. To do so, one must have the appropriate status in the host country.
To help Ukrainians in this matter, O. Maksymenko suggested developing a basic seminar for lawyers that would explain in detail the requirements for them as foreign lawyers, as well as the specifics of preparing for the qualification exam. The possibility of conducting such an exam in Ukrainian was also discussed. The ČAK emphasised that such a proposal could be implemented through the approval of the Ministry of Justice of the Czech Republic.
It should be reminded that the Czech Bar provided the largest amount of assistance (€80 thousand) and was the first among all international donors and partners of the UNBA to do so.
For reference: useful information for persons in need of temporary protection in the Czech Republic is available on the website of the Czech Chamber of Advocates at the link.
Popular news
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.
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.
Guarantees of the practice of law
Ukraine could be the first to implement a European mechanism for the protection of advocates. What’s holding it back?
Ukraine has a chance to be the first country to ratify the Council of Europe Convention on the Protection of the Professions of Lawyer. Political support for this exists, but the government’s legislative package has not yet been submitted to parliament. Meanwhile, the number of violations of advocates’ rights is on the rise.
Educational events
How can an advocate verify that work has been completed if the client refuses to sign the report?
When billing by the hour, the primary document for determining the fee may be a detailed report on the time spent by the advocate and the work performed. To prevent the client from withholding payment, the contract should specify in advance the procedure for submitting and approving such a report.
Self-government
The BCU took note of the public appeal from the HCJ
The Bar Council of Ukraine has determined that, given the current security situation, it is objectively impossible to hold, in accordance with the procedure established by the Law «On the advocacy and the practice of law», meetings of advocates, regional conferences of advocates and the Congress of Ukrainian Advocates, including for the purpose of electing two members of the High Council of Justice under the quota allocated to the Congress of Ukrainian Advocates.
War
The BCU has launched a digital project «Wall of Remembrance and Honor»
The Bar Council of Ukraine has adopted a resolution to launch the digital project «Wall of Remembrance and Honor». To this end, the UNBA is beginning to collect information on advocates and paralegals who lost their lives as a result of the Russian Federation’s armed aggression against Ukraine.
Legal defence of military personnel
«Advocate+» has expanded its operations to 18 military units
The «Advocate+» project of the Ukrainian National Bar Association, which assigns advocates to military units, has expanded its operations to 18 units. Specialists have already been assigned to the new participants and are set to begin consultations next week.
Edition
A roadmap for the CRSV cases has been prepared for the advocates
The UNBA Committee on gender policy has prepared a Roadmap for cases of Conflict-Related Sexual Violence.
Publications
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
Sergiy Vylkov Our judicial system is so built that courts do not trust advocates
