Violation of media guarantees of advocacy is being studied by the UNBA
An open appeal of the Ukrainian National Bar Association's Committee on Information Policy and Interaction with the Mass Media to the advocates.
By defending or representing clients in high-profile cases, Ukrainian attorneys-at-law attract additional media attention to their personalities.
At the same time, journalists, when covering the circumstances of such cases and the work of the attorney, unfortunately, do not always adhere to professional standards: balance of opinions, reliability, separation of facts from comments, accuracy and completeness.
There are quite common cases when information about the activities of a defense counsel is presented in a biased manner, using false, unverified or inaccurate data, without clarifying the point of view of the lawyer mentioned in the material. Emotional coloring and distortion of the work of providing legal aid, which is provided for by the Constitution of Ukraine and the procedural codes, has become almost the norm today.
At the same time, the guarantees of the practice of law are directly violated. Due to the disregard for the presumption of innocence, when defendants are called criminals before the verdict and lawyers are called defenders of criminals, lawyers are actually identified with clients, which is expressly prohibited by the Law «On the Bar and Practice of Law».
As a result, the public has a negative attitude towards both a particular defense lawyer (which affects the person's business reputation) and the institution of the Bar as a whole.
The protection of advocates from external information influence is one of the tasks of the UNBA Committee on Information Policy and Media Relations.
Therefore, the Committee asks lawyers who have faced violations of guarantees of their activities by the media and individual journalists to provide information about such facts to o.shevchuk@mail.unba.org.ua or fill out the appropriate Google form.
Since it is also a matter of disregard for journalistic standards and the provisions of the Law of Ukraine «On Media», the collected information on specific facts will be sent to the state media regulator to find ways to resolve this problematic issue.
Chairman of the UNBA Committee
on Information Policy
and Media Relations O. Shevchuk
04.03.2024
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.
Educational events
Tax residency of Ukrainians abroad: what matters
The determination of tax residency for Ukrainians who have been living abroad for an extended period depends on the combination of their personal and economic ties to each country. The established status determines the procedure for reporting income, paying taxes and fulfilling CFC reporting obligations.
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.
Tragic news
Former CCBE President James MacGuill has passed away
The Ukrainian National Bar Association expresses its condolences on the passing of James MacGuill — a renowned Irish advocate and former president of the Law Society of Ireland and the Council of Bars and Law Societies of Europe (CCBE).
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.
Guarantees of the practice of law
The Council of Europe Convention will strengthen constitutional guarantees of human rights – M. Stavniychuk
The exclusive right of an advocate to represent another person in court, as enshrined in the Constitution, should be viewed as an integral part of the mechanism for protecting human rights in Ukraine. Furthermore, ratification of the Council of Europe Convention on the Protection of the Professions of Lawyer could strengthen the substance of this and other guarantees.
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?
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