Monitoring the quality of lawyers' services: what is wrong today

Advocacy
19:14 Tue 19.03.24 539 Reviews
Print

Employees of the free legal aid system, who sometimes have minimal work experience and a vague understanding of the legal profession, are at the same time empowered by the state to assess the quality of legal aid provided by lawyers.

Monitoring of the quality of legal aid provision was identified as one of the main problems of the FLA system during the presentation of a report prepared by the Ukrainian National Bar Association.

The problem itself lies in the systemic interference by the FLA authorities in the essential activities of the lawyer.

According to Art. 25 of the Law «On the Bar and Practice of Law», the assessment of the quality, completeness and timeliness of the provision of legal aid by lawyers is carried out by commissions established for this purpose by the regional bar councils.

«The correctness of this provision and its compliance with the guarantees of the independence of the legal profession is beyond doubt, - the UNBA Committee on Legal Aid believes. - Therefore, all existing complaints should be sent by the centers to such commissions. But the FLA centers are trying to consider complaints against lawyers on their own. Moreover, they try to draw conclusions from such complaints to continue cooperation with the lawyer».

There are four flaws in the current monitoring procedure:

1) it is carried out by employees of the centers, whose qualification requirements are minimal;

2) it involves humiliating procedures, namely: control of the advocate in court, self-assessment questionnaire of the advocate, interviewing of the client;

3) may be an instrument of potential abuse, since the centers themselves have the right to initiate termination of the agreement with the lawyer;

4) lack of real need and inefficiency. According to the report on the work of the FLA system in 2023, only one case of non-compliance with quality standards was identified. At the same time, in 2023, 1618 observations were made of 1403 lawyers and 451 clients were interviewed.

The UNBA is convinced that although the Coordination Center does not publish information on the costs of monitoring departments, it is clear that the figures are not small, since these departments are in every center.

The UNBA report states that the current monitoring of the evaluation of the quality of work of a lawyer is a violation of professional rights, contrary to international provisions and negatively affects the authority of the bar in society and the world. Therefore, monitoring in its current form should be prohibited.

To solve this problem, it is necessary to:

first, to cancel the powers of the bodies of the FLA system to monitor the quality of legal aid provided by lawyers;

secondly, to establish by law the powers of commissions for assessing the completeness, quality and timeliness of legal aid provision in accordance with the law and to strengthen control over the exercise of such powers.

Popular news

Ukraine has signed the Convention for the Protection of the Profession of Lawyer

Guarantees of the practice of law

Ukraine has signed the Convention for the Protection of the Profession of Lawyer

Today, on 9 March, Ukraine's Permanent Representative to the Council of Europe Mykola Tochytskyi signed the Council of Europe Convention for the Protection of the Profession of Lawyer. This makes our country the 28th to sign this important international treaty.

13:58 Mon 09.03.26 272
«Freedom or security» — a false formula: speech by L. Izovitova at the conference of bar presidents

European integration

«Freedom or security» — a false formula: speech by L. Izovitova at the conference of bar presidents

Is the state protecting society from crime today, or is it gradually destroying the rule of law under the guise of this fight? These alarming trends were outlined by the President of the UNBA, BCU Lidiya Izovitova, during her speech at the 54th European Conference of bar presidents.

11:18 Wed 04.03.26 134
AI in advocacy and justice: ethics, regulation, limits of application

Discussion

AI in advocacy and justice: ethics, regulation, limits of application

The Ukrainian National Bar Association held a roundtable discussion entitled «Artificial Intelligence in the цork of advocates: ethics, responsibility, legal process engineering». Participants discussed how artificial intelligence systems are already being used in the professional activities of advocates and where the ethical boundaries of what is permissible lie.

13:28 Fri 27.02.26 128
Researchers from the USA explain how shadow reports became a grant service

European integration

Researchers from the USA explain how shadow reports became a grant service

Shadow reporting often becomes a tool for the grant economy and competition for influence on policy. Such «expertise» replaces impartial analysis with the delegitimization of bar self-government, masks conflicts of interest, and is used as a channel for external pressure on the institution.

20:04 Tue 24.02.26 143
A translation of the report on advocacy presented to the European Parliament has been published

European integration

A translation of the report on advocacy presented to the European Parliament has been published

A translation of a research report on the Ukrainian advocacy profession in wartime, previously presented to the European Parliament in Brussels, has been published. The document is presented as a basis for discussion on the rule of law, Ukraine's European integration aspirations, and countering Russian disinformation in the legal sphere.

16:54 Mon 23.02.26 252
How to formalize discharge from military service: practical workshop

Legal defence of military personnel

How to formalize discharge from military service: practical workshop

The issue of discharge from military service remains one of the most pressing and complex for Ukrainian defenders and their families. Due to constant changes in legislation, military personnel often face refusals to discharge them from service or even to consider their reports.

14:51 Mon 23.02.26 207
The Verkhovna Rada Committee criticized the format of the government working group on advocacy

Legislation

The Verkhovna Rada Committee criticized the format of the government working group on advocacy

The implementation of the Roadmap on the rule of law (approved by Cabinet of Ministers Resolution No. 475-r of May 14, 2025) in relation to advocacy raises the practical question of who exactly should prepare legislative changes and how.

17:48 Fri 20.02.26 258
The BCU demands a review of the composition of the government working group on reforming the advocacy profession

Self-government

The BCU demands a review of the composition of the government working group on reforming the advocacy profession

The President of the UNBA, BCU Lidiya Izovitova, appealed to the Cabinet of Ministers of Ukraine to review the composition of the working group on improving legislation in the field of advocacy and legal practice.

18:42 Thu 19.02.26 265

Надішліть файл із текстом публікації у форматі *.doc, фотографію за тематикою у розмірі 640х400 та Ваше фото.

Оберіть файл