The final draft of the Convention on the Protection of the Rights of Lawyers will appear in 2024
The Committee of Experts on the Protection of Lawyers presented the text of the draft Council of Europe Convention on the Protection of the Rights of Lawyers. The document is being prepared for approval by stakeholders. The final version should be developed by the end of the year.
From January 30 to February 1, Strasbourg (France) hosted the seventh meeting of the Committee of Experts on the Protection of Lawyers (CJ-AV), which operates under the Committee of Ministers and the European Committee on Legal Cooperation (CDCJ) of the Council of Europe. The event was attended by Valentyn Gvozdiy, vice president of the UNBA, who is the vice president of the CJ-AV and one of the developers of the document.
During the meeting, the participants reviewed and agreed on the draft Convention and its explanatory note.
The future international treaty establishes a set of minimum standards applicable to the right of a lawyer to freely exercise his or her professional activity, as well as to protect and ensure the independence of the profession. In addition, it establishes a certain monitoring mechanism.
Further consultations with stakeholders are planned. According to Mr. Gvozdiy, these consultations will be held in two stages. The first stage involves familiarization with the document by the relevant committees and working bodies of the Council of Europe. At the second stage, CJ-AV will hold discussions with leading bar organizations. The results of the consultations will form the basis for finalizing the document. CJ-AV is tasked with finalizing the draft by December 31, 2024.
«The active involvement of Ukraine in the work on the draft Convention on the Protection of the Rights of Advocates by the European institution can be regarded as a recognition of the quality of legal regulation of the legal profession in our country, said vice president of the UNBA. - The reform of the institution was carried out in 2012 in strict accordance with European recommendations. Even the Venice Commission recognized this at the time. Therefore, the elements of the Ukrainian model may well be borrowed to determine the standards of protection of the profession at the European level».
As a reminder, in 2020, the CDCJ explored possible measures to ensure the protection of lawyers. One of them was to be a new legal instrument based on the Committee of Ministers' Recommendation R(2000)21 on the freedom to exercise the profession of lawyer, the Convention for the Protection of Human Rights and Fundamental Freedoms, and the case law of the European Court of Human Rights. In order to implement the developments, in 2022, the CJ-AV was formed as part of the CDCJ, which included 15 specialists from all over Europe, including Ukraine. They prepared the draft Convention.
It is expected that the Convention will be open for ratification by countries that are not members of the Council of Europe, which will make it an integral part of their legislation.
Popular news
Legislation
A bill implementing the Convention on the Protection of the Professions of Lawyer has been introduced
The constitutional guarantees of legal aid, defense, and the independence of advocacy cannot be realized without protecting advocates from unwarranted interference in their professional activities, including searches, the seizure of professional materials and the use of criminal procedural mechanisms to exert pressure.
Abroad
The CCBE is discussing European justice and issues related to the protection of advocates
Today, October 2, a meeting of the Standing Committee of the Council of Bars and Law Societies of Europe (CCBE) is taking place in Brussels. On the agenda are the protection of the advocate profession, the rule of law, attorney-client privilege, and changes in the European justice system.
Rule of Law Roadmap
The UNBA presented the key provisions of the future law on advocacy in Brussels
The Ukrainian National Bar Association presented its proposals for the upcoming law on advocacy, aligned with the Rule of Law Roadmap. The presentation covered topics such as access to the profession, self-governance, disciplinary procedures, professional development and guarantees for the practice of advocacy.
Educational events
Advocates were taught to voice their complaints without making accusations
In a difficult conversation, it’s easy to confuse facts with opinions, feelings with accusations, and requests with demands. How can you express dissatisfaction, explain your own needs, and propose a specific solution while still allowing your conversation partner the opportunity to refuse or suggest an alternative?
Guarantees of the practice of law
Unrestricted access to advocates' accounts poses a risk of client data disclosure — BCU
Information regarding transactions in the bank accounts of an advocate, a law firm, or a bar association from which clients can be identified, as well as the fact and subject matter of a request for legal assistance, the purpose of payments, and the amount of the fee constitutes attorney-client privilege. This rule applies regardless of whether the information also constitutes banking information and is in the possession of a bank.
Guarantees of the practice of law
The contract provides for a video conference, but the court requires in-person appearance: how should an advocate proceed?
Many advocates today work remotely; therefore, their agreements with clients provide for the provision of legal assistance via videoconferencing. However, this form of work does not, in and of itself, create an unconditional obligation for the court to conduct every hearing via videoconference.
Guarantees of the practice of law
Independent oversight is necessary before using CISA materials against an advocate – Lidiya Izovitova
Before the prosecution uses information obtained during covert investigative actions and related to an advocate’s activities, independent procedural oversight must be conducted. It is necessary to determine whether such information is covered by attorney-client privilege and whether it may be disclosed.
Legislation
Handing over a bank card should not automatically constitute a crime – UNBA
Criminal liability for transferring a bank card or access to an account should arise only if it is proven that the person knew the card or account would be used as a means to commit an intentional crime. The mere fact that a payment instrument was transferred or that an account was used by a third party is not sufficient.
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
