The Bar Council of Ukraine has approved clarifications on the application of the legal aid order, which can now be generated through the lawyer’s online office in the Unified Register of Advocates of Ukraine.
In particular, RAU clarified that the generated online order does not necessarily have to be printed in color.
Regulations on the order to provide legal (legal) assistance in the new version of April 12, 2019 does not provide for the duties of a lawyer to print the order in color and / or black and white, so the lawyer has the right to print the order in black and white , and in color at its discretion.
Similarly, in accordance with paragraph 5 of the Regulation, the order of the prescribed form is mandatory for all bodies, institutions, organizations to confirm the right of a lawyer to perform actions under Article 20 of the Law of Ukraine “On Advocacy and Advocacy”.
As the Regulation does not regulate the issue of mandatory submission of a printed order in color and / or black and white, courts, bodies, institutions and organizations to which such a printed order is submitted, have no right to refuse to accept the relevant documents (including attorneys). requests) and / or refuse the lawyer to represent the client’s interests due to the fact that the order is not printed in color.
RAU also clarified that among the mandatory details of the order is an indication of the limitation of powers, if such are provided by the agreement on the provision of legal assistance.
Subclause 12.14 of the Regulation stipulates that requisites 12.1, 12.5, 12.6, 12.7, 12.8 are generated automatically, all other requisites of the order are filled in by the lawyer independently in order to preserve legal secrecy. Therefore, if a lawyer fills out a written order, instructions on the limits of authority, if provided for in the legal aid agreement, are mandatory.
Thus, lawyers should follow the established rules for acquiring powers to represent a person, because otherwise – all actions committed by a lawyer will be outside the legal field, and the result may be to bring a lawyer to justice for representation without authority.