ISSUES ON THE USE OF THE LAW ATTORNEY TO PROVIDE LEGAL AID
The Council of Advocates of Ukraine approved the clarification regarding the application of a legal aid order, which can now be generated through the lawyer’s online office in the Unified Register of Advocates of Ukraine.
In particular, the RAU explained that the online order generated does not necessarily have to be printed in color.
The provision for a legal (legal) assistance order in its new version dated April 12, 2019 does not provide for the lawyer’s duty to print the warrant in color and / or black and white, and so the lawyer has the right to print the warrant in black and white , and in color as you see fit.
Similarly, in accordance with clause 5 of the Regulations, a warrant of the prescribed form is obligatory for all bodies, institutions and organizations to confirm the lawyer’s competence to perform the actions provided for by Article 20 of the Law of Ukraine “On Advocacy and Legal Activities”.
As the Regulations do not regulate the issue of the compulsory submission of a printed order in color and / or black and white, the courts, authorities, institutions and organizations to which such a printed order is submitted are not entitled to refuse to accept the relevant documents (including the lawyer’s requests) and / or refuse the lawyer to represent the client’s interests due to the fact that the order is not printed in color.
The RAU also explained that among the mandatory requisites of the warrant is an indication of the limitation of powers, if such are stipulated by the agreement on the provision of legal (legal) assistance.
Sub-clause 12.14 of the Regulations stipulates that the requisites 12.1, 12.5, 12.6, 12.7, 12.8 are generated automatically, all other warrant details are filled by a lawyer independently in order to keep the lawyer’s secret. Therefore, if the lawyer completes the order in writing, instructions for restrictions on powers, if any, provided for by the legal aid agreement are binding.
Thus, lawyers should adhere to the established rules for obtaining the authority to represent a person, as otherwise – all actions performed by a lawyer will be outside the legal field, and may result in the lawyer being held accountable for representation without authority.
Author: Ivan Ischuk