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
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
