Can a warrant with the same series and number be used twice – clarification

How correct is it for an attorney to issue an order for the provision of legal aid (assistance) on a form with the same series and number, but with different content, including information about the date of its execution, the authority where legal aid is provided?

The answer to this practical question from a lawyer was provided by the Bar Council of Ukraine in its clarification on the use of order forms (Decision No. 137 of December 15-16, 2023, published on the UNBA website).

The BCU proceeded from the fact that, according to Part 2 of Article 26 of the Law «On the Bar and Practice of Law», a warrant is a written document certifying the authority of an attorney to provide legal aid. The warrant is issued by an advocate, law firm or law office and must contain the signature of the advocate. The Bar Council of Ukraine approves the standard form of the warrant.

The Regulation on the warrant, approved by the decision of the BCU dated 12.04.2019 No. https://zakon.rada.gov.ua/rada/show/vr041871-19#Text41, establishes uniform rules for all advocates of Ukraine for the production, execution, storage, and accounting of the warrant.

Forms of warrants are generated in the relevant section of the UNBA's «Personal Account of the Advocate» on the UNBA website, following the system's commands. At the same time, the generated warrants are recorded automatically by the management system of the electronic database of the Unified Register of Advocates of Ukraine. The history of generating orders is also displayed in the Personal Account and in the administrative part of the URAU electronic database.

Pursuant to clause 12 of the Regulation, the order shall contain the details, in particular, the series, serial number of the order, surname, name, patronymic or name of the person to whom legal aid is provided, as well as the name of the body in which the advocate provides legal aid, indicating, if necessary, the type of legal practice in accordance with Article 19 of the Law.

Thus, taking into account the provisions of the Regulation, one generated form of the order, which is assigned a series and number, is the original and must exist in a single copy. The use of the order form repeatedly for representation of different clients, in different bodies, in different periods of time is a violation of the Rules of Professional Conduct.