Payment for the services of a lawyer should be made for each subject of the FLA
Numerous appeals of lawyers to the Ukrainian National Bar Association show that there is a problem of arbitrary interpretation of the rules on payment for services and reimbursement of lawyers' expenses by the centers for providing free secondary legal aid.
One of them was considered at the meeting of the Bar Council of Ukraine, which is taking place on June 7-8 in Zakarpattia.
A lawyer who received two instructions from the regional center of free legal aid to provide legal aid to two detainees and fulfilled them properly was paid only for the work on one of the instructions.
The officials motivated this decision by the fact that the assistance was provided in one place (a unit of the National Police) at one time, so payment for visits under the second assignment would be considered a double payment and misuse of budget funds.
Oksana Kadenko, a member of the BCU from Khmelnytsky region, who spoke on this issue, pointed out that according to the agreement concluded between the lawyer and the regional center, the lawyer's services were to be paid for on the basis of contracts depending on the scope, time and place of service provision separately for each subject of the right to free secondary legal aid.
At the same time, neither the Procedure for Payment for Services and Reimbursement of Expenses of Attorneys Providing Free Secondary Legal Aid nor the Methodology for Calculating the Amount of Attorneys' Remuneration (approved by the Cabinet of Ministers of Ukraine on September 17, 2017, No. 465) prohibit paying for the services of an attorney in full for each individual assignment.
Therefore, the regional center not only violates its contractual obligations, but also devalues the work of a lawyer, allows fraud and arbitrariness in paying for his services, O. Kadenko is convinced.
To solve the problem, she proposed to initiate amendments to the Cabinet of Ministers' Resolution No. 465, enshrining the rule that the indicators for payment for services provided by a lawyer are determined separately for each assignment.
Each case of provision of legal aid shall be subject to independent payment in full, regardless of the fulfillment by the advocate of other assignments. If a lawyer provides legal aid to several detainees (suspects, accused, victims, witnesses) in one criminal proceeding, the lawyer's services for providing free secondary legal aid must be paid in full separately for each subject of the right to free legal aid.
Members of the Bar Council of Ukraine supported this initiative.
Popular news
Legislation
The path to ratification of the Convention must not end in yet another delay — L. Izovitova
Ukraine’s preparations for the ratification of the Council of Europe Convention on the Protection of the Professions of Lawyer have already passed key stages. Now, government institutions must submit the matter to the Verkhovna Rada for consideration. In doing so, Ukraine may complete the ratification process faster than EU member states.
Guarantees of the practice of law
Ukraine could be the first to implement a European mechanism for the protection of advocates. What’s holding it back?
Ukraine has a chance to be the first country to ratify the Council of Europe Convention on the Protection of the Professions of Lawyer. Political support for this exists, but the government’s legislative package has not yet been submitted to parliament. Meanwhile, the number of violations of advocates’ rights is on the rise.
Educational events
How can an advocate verify that work has been completed if the client refuses to sign the report?
When billing by the hour, the primary document for determining the fee may be a detailed report on the time spent by the advocate and the work performed. To prevent the client from withholding payment, the contract should specify in advance the procedure for submitting and approving such a report.
Self-government
The BCU took note of the public appeal from the HCJ
The Bar Council of Ukraine has determined that, given the current security situation, it is objectively impossible to hold, in accordance with the procedure established by the Law «On the advocacy and the practice of law», meetings of advocates, regional conferences of advocates and the Congress of Ukrainian Advocates, including for the purpose of electing two members of the High Council of Justice under the quota allocated to the Congress of Ukrainian Advocates.
War
The BCU has launched a digital project «Wall of Remembrance and Honor»
The Bar Council of Ukraine has adopted a resolution to launch the digital project «Wall of Remembrance and Honor». To this end, the UNBA is beginning to collect information on advocates and paralegals who lost their lives as a result of the Russian Federation’s armed aggression against Ukraine.
Legal defence of military personnel
«Advocate+» has expanded its operations to 18 military units
The «Advocate+» project of the Ukrainian National Bar Association, which assigns advocates to military units, has expanded its operations to 18 units. Specialists have already been assigned to the new participants and are set to begin consultations next week.
Edition
A roadmap for the CRSV cases has been prepared for the advocates
The UNBA Committee on gender policy has prepared a Roadmap for cases of Conflict-Related Sexual Violence.
Legislation
Professional standards for advocates and legal assistants will be developed by the UNBA
At its first meeting, the Committee on professional standards for advocates endorsed the formation of a working group to develop professional standards for «Advocate» and «Legal Assistant».
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
