The BCU has removed controversial issues of training standards for young lawyers
The Procedure for the Continuing Legal Education of Advocates of Ukraine provides for special requirements for training in the first three years (after obtaining a certificate) of an advocate's practice. In practice, technical issues have arisen in the application of these requirements.
During a recent meeting, the Bar Council of Ukraine clarified the wording of the relevant paragraph 19 of the Procedure, approved by Decision No. 63 dated July 03, 2021.
As a reminder, according to the general rule (clause 20 of the Procedure), all advocates are required to improve their qualifications at the level of 10 hours per year. Attorneys who have acquired the status of an attorney-at-law, during the first three years of their practice of law, were obliged to improve their professional level at the level of 48 hours, of which at least 16 hours were required annually. In case of obtaining a certificate for the right to practice law in the second half of the relevant year, such an advocate was entitled to receive a lower number of points in the first year of obtaining the certificate, provided that the total number of points for 3 years is not less than 48 hours.
«This wording can actually be read in different ways, - explained Valentyn Gvozdiy, the Vice President of UNBA, BCU, who drafted the decision at the request of the Higher School of Advocacy. - It seems that lawyers should study a little more, since not all of them will receive a certificate at the beginning of the year. Therefore, we must remove any controversial issues and make the application of this requirement transparent, fair and just».
Now, young lawyers are required to improve their professional level by at least 16 hours every year. In the first year of obtaining a certificate of the right to practice law, such an attorney is entitled to receive a lower number of points. Clause 20 of the Procedure will apply to such attorneys starting from the next year after the year in which the person gained three years of experience in practicing law.
Popular news
Support
Protecting the legal profession, cybersecurity and support for advocates: common themes for the IBA and the UNBA
On September 18, a working meeting was held at the office of the Ukrainian National Bar Association with Executive Director of the International Bar Association (IBA) Mark Ellis. The parties discussed the Ukrainian advocacy profession’s participation in European legal processes, the protection of the UNBA’s digital infrastructure, psychological support for advocates and future areas of cooperation.
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.
Educational events
What an advocate should consider when a fee dispute escalates into a complaint to the QDBC
If an advocate files a lawsuit seeking to recover fees from a client, the client may in turn file a complaint with the High Qualification and Disciplinary Commission of the Bar in an effort to compel the advocate to withdraw the lawsuit. How do the advocacy’s disciplinary bodies handle such cases?
Edition
Veteran-advocates returning to the practice of law: the UNBA has prepared recommendations
Military service is incompatible with the practice of law; therefore, an advocate suspends their practice for the duration of their service. However, upon returning, they must reinstate their right to practice law, refresh their knowledge and reestablish their organizational and digital processes.
Educational events
Energy, focus and priorities: how an advocate should plan their day
A rigid workday schedule becomes irrelevant when your routine depends on air raid alerts and disrupted sleep caused by nighttime explosions. Under such conditions, advocates should assess the resources they can actually manage.
Discussion
Appeals by NGOs and advocates' access to the SLC were discussed with the State Geocadastre
Advocates’ access to data from the State Land Cadastre remains limited: there is no separate access, and a court order is required to obtain coordinates. At the same time, the functionality for generating extracts from the State Land Cadastre as of a specific date still needs further refinement. The State Geocadastre is working on this.
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
