Why military service and advocacy are incompatible explained by a member of the UNBA

It is necessary to distinguish between a mobilized lawyer who did not physically have time to file an application for suspension of his or her activities and does not carry out such activities, and one who deliberately combines incompatible activities.

This was emphasized by Hanna Lazarchuk, a member of the Bar Council of Ukraine, during the XIII Judicial Forum, which was recently held in Kyiv. The UNBA representative took part in the session devoted to the issues of ethics and responsibility of lawyers and judges.

She reminded that after the full-scale invasion, the lawyers who joined the Armed Forces to defend the country did not have time to file applications for suspension of their practice of law.

For reference: according to Article 7 of the Law «On the Bar and Practice of Law», military service is incompatible with the practice of law. In the event of incompatibility circumstances established by part one of this article, the advocate shall, within three days from the date of occurrence of such circumstances, submit to the regional bar council at the address of his or her workplace an application for suspension of the practice of law.

Already in early March 2022, the Bar Council of Ukraine adopted Decision No. 24, which recommended that the disciplinary bodies of the bar not impose disciplinary sanctions on such lawyers during martial law.

However, some lawyers serving in the rear in peaceful regions, taking advantage of this decision, also decided to continue practicing law and litigating cases in courts under two oaths. «And here we are talking about the improper performance by a citizen of the duties of both a military officer to protect the sovereignty and independence of the state and a lawyer to defend, represent and provide other types of legal assistance to a client», - explained H. Lazarchuk.

Then, in August 2022, the Bar Council of Ukraine adopted Decision No. 60 on the fulfillment by advocates of the requirements stipulated by Article 7 of the Law of Ukraine, where it noted that the fundamental principles of the practice of law contradict the principles of military service. In the case of combining the statuses of an advocate and a military servant, a situation arises when a person must adhere to two principles that directly contradict each other.

The member of the UNBA also assured that the bar is the most flexible institution in the justice system, compared to the court or the prosecutor's office. The Bar itself promptly makes adjustments to disciplinary procedures when the practice of their application reveals any problems. Relevant decisions are made at almost every meeting of the bar self-government body.