Protecting Lawyers from Being Identified with Their Clients: EU Project Pravo-Justice Initiated an Expert Discussion
On the initiative of EU Project Pravo-Justice, a professional discussion “Protecting Lawyers from Being Identified with Their Clients: International Standards and the Ukrainian Context” was held in Kyiv. Representatives of the bar self-governance community, Parliament, the Office of the President, executive authorities, Ukraine’s international partners, civil society, and the media participated in the event.
In particular, the discussion focused on challenges related to lawyers being identified with their clients, including in high-profile cases and while defending clients in war crimes cases. Moreover, the attendees explored European standards for protecting lawyers from being identified with their clients, as well as the provisions and key requirements of the Council of Europe Convention for the Protection of the Profession of Lawyer.
Asier Santillán Luzuriaga, Head of Section “Good Governance and Rule of Law” at the EU Delegation to Ukraine, stated that lawyers must be protected from pressure when performing their professional duties. Therefore, the bar reform must guarantee the independence of the profession without restricting freedom of expression as a fundamental value of any democratic state. He also emphasised that the Rule of Law Roadmap approved by the Cabinet of Ministers this year envisages Ukraine’s commitment to implement a comprehensive bar reform. Thus, ensuring the protection of lawyers from being identified with their clients may become part of this reform.
“An independent and accountable bar is the foundation of fair justice and an integral part of the European path of Ukraine. Therefore, the EU will continue to support Ukraine on its path of reform by providing expert and technical assistance through projects, in particular, via EU Project Pravo-Justice, and in cooperation with Council of Europe projects, as respect for human rights is at the heart of the European legal tradition,” stressed Asier Santillán Luzuriaga.
Maciej Janczak, Head of the Council of Europe Office in Ukraine, elaborated on the principles of the recently adopted Council of Europe Convention for the Protection of the Profession of Lawyer. He also added that, in the face of unprecedented challenges posed by the war, it is crucial to continue reforms and strengthen the rule of law. According to him, the reform of the legal profession is also an integral part of the European integration process for Ukraine. “The reform of the bar is not just about the profession, it is about Ukraine’s European path and the protection of democratic values,” emphasised Maciej Janczak.
Oksana Tsymbrivska, Team Leader at EU Project Pravo-Justice, noted that the discussion is particularly relevant in connection with the adoption of Law No. 12320 on the protection of lawyers’ rights, which is pending signature by the President of Ukraine, and in the light of ongoing preparations for the ratification of the Council of Europe Convention for the Protection of the Profession of Lawyer. However, she underscored that the Law has sparked differing opinions: it is supported by the bar self-government, while civil society and the media have expressed concerns about the risks to freedom of speech. That is why EU Project Pravo-Justice has created a platform for broad discussion involving the bar self-governance community, representatives of public authorities, Parliament, international partners, civil society, and the media. According to her, this inclusive approach provides an opportunity to hear all points of view, assess the risks, and move closer to a balanced solution – how to ensure the protection of lawyers’ rights while also guaranteeing freedom of expression.
The event also provided a special opportunity to discuss mechanisms for protecting lawyers who provide legal assistance to clients in high-profile cases. According to Volodymyr Vatras, Member of Parliament of Ukraine, Сhair of the Subcommittee on the Organisation and Activities of the Bar and Legal Aid Providers of the Parliamentary Legal Policy Committee, the identification of lawyers with their clients is becoming a dangerous trend. Regular media releases and reports by the Ukrainian National Bar Association prove this point.
“The most recent report published at the end of August showed an upward trend in the number of documented cases when lawyers were identified with their clients. In 2022, there were 13 such incidents. A year later, there were 21 of them. In 2024, the number of incidents reached 28, and in the first half of this year, 32 such incidents happened,” said the MP.
Lidiia Izovitova, Chair of the Ukrainian National Bar Association, also expressed concern about the fact that lawyers are identified with their clients in the media and the social media. She also underlined the need to continue discussions on this topic, involving a wide range of lawyers and journalists.
Viktor Dubovyk, Director General of the Legal Policy Directorate at the Office of the President of Ukraine, noted that the principal objective of the discussion is to strike a balance between freedom of speech and the protection of lawyers.
“Anyone who has a lawyer would not want their lawyer to be under pressure, but there is a limit to any procedural independence – freedom of speech,” emphasised Viktor Dubovyk.