Monitoring the quality of lawyers' services: what is wrong today
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
Guarantees of the practice of law
Police to investigate the NACP's attempts to reform advocacy
The Office of the Prosecutor General has opened a criminal investigation into alleged abuse of power by employees of the National Agency for Corruption Prevention.
Interaction
The UNBA and the Council of Judges of Ukraine are expanding their professional dialogue
On April 24, a working meeting was held between the President of the UNBA, BCU Lidiya Izovitova and the Chairman of the Council of Judges of Ukraine Vitaliy Salikhov. Topics discussed included formats for cooperation between bar and judicial self-governing bodies, the development of joint ethical standards, and the formation of a Selection Committee for the recruitment of members of the High Council of Justice.
Legal defence of military personnel
The model for legal assistance to veterans was discussed at the UNBA
A working meeting was held at the Ukrainian National Bar Association, during which representatives of the advocacy profession, the Ministry of Veterans Affairs of Ukraine and a foreign expert discussed approaches to providing legal aid to veterans, the role of the advocacy profession in this system, and the experience of other countries.
Guarantees of the practice of law
The CJU has endorsed guarantees of the legal profession’s independence and has proposed a meeting with the BCU
The Council of Judges of Ukraine has responded to a letter from the Bar Council of Ukraine regarding the inadmissibility of the High Council of Justice granting immunity to a member of the High Council of Justice — a privilege not provided for by law — as well as regarding violations of constitutional guarantees of the independence of the legal profession and attorney-client privilege.
Interaction
The UNBA and the Ministry of Veterans are expanding their cooperation
War veterans, their family members, as well as the family members of fallen Defenders of Ukraine are to receive improved access to professional legal assistance and additional opportunities for independent legal protection.
Legislation
Advocates have warned that the draft Labor Code would curtail workers' protections
Certain provisions of the draft Labor Code of Ukraine regarding collective labor disputes undermine labor protections and do not comply with constitutional and international standards.
Appointment
The UNBA will develop professional standards for advocates
The Ukrainian National Bar Association has established a Committee on Standards of the Legal Profession, whose work will focus on developing uniform approaches to the professional duties of advocates, competency requirements, continuing education, and the protection of attorney-client privilege.
Legal defence of military personnel
Representatives from the Ministry of Veterans Affairs and the UNBA discussed veterans' access to justice
On April 3, a working meeting was held at the Ministry of Veterans Affairs of Ukraine with representatives of the Ukrainian National Bar Association, dedicated to improving the effectiveness of legal protection for war veterans and their families.
Publications
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
Sergiy Vylkov Our judicial system is so built that courts do not trust advocates