The Kyiv Region Bar Association consistently contributes to the enhancement of professional ethics and legal awareness of lawyers. This publication attempts to thoroughly analyze the key aspects of the attorney’s relationship with the court according to the Rules of Professional Ethics (RPE), which promote the establishment of high professional standards and the strengthening of the Ukrainian legal profession.
Principle of Legality in Court Relations
The attorney’s relationship with the court should be based on strict compliance with legal requirements, including procedural law, legislation on the legal profession, court organization, and the Rules of Professional Ethics. Article 42 of the RPE emphasizes the necessity of adherence to legality in every word and action.
Unacceptable behaviors include:
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inciting witnesses to give false testimony;
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pressuring the opposing party or the court;
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using personal connections or status to influence court decisions;
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abusing confidential information;
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employing illegal methods.
Principle of Attorney’s Independence
An attorney is obliged to firmly maintain their independent position, not succumb to pressure from the court or other authorities, while also adhering to legality and respect for the court. Advocating for a client’s interests should not compromise professional dignity.
An attorney has the right to:
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submit attorney requests;
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provide defense and representation in government bodies;
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receive and copy materials;
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use technical means;
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gather evidence and obtain expert opinions.
Priority of Client’s Interests
As stated in Article 43 of the RPE, an attorney must prioritize the client’s interests above all other considerations. Even in complex interactions with the court, an attorney must not ignore legal violations or displays of disrespect.
The attorney’s response should be:
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balanced;
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legal;
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in forms provided by procedural legislation or NAU, RAU acts.
Principle of Honesty and Integrity
Professional ethics require that an attorney be honest, refrain from making false statements, respect the procedural rights of other attorneys, and not abuse procedural tools to delay proceedings.
Court Appeals and Disciplinary Proceedings
Complaints against attorneys can be filed by courts, process parties, citizens, investigative authorities, etc. They must comply with the requirements of Article 14 of the Procedure for Acceptance and Consideration of Complaints. In particular, they must contain:
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full applicant details;
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substantiated violation circumstances;
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evidence;
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written consent for personal data processing.
Important: A separate court decision is also considered a complaint and must be reviewed in the established procedure.
VKDKA Practice on Professional Conduct of Attorneys in Court
1. Attorney’s Non-Appearance
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Respectable reasons are permissible: force majeure, participation in another process (Decision No. VIII-005/2021, No. VII-015/2021).
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Fabricated or unconfirmed reasons constitute ethics violations (No. VI-005/2022).
2. Leaving the Courtroom
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Such behavior should occur in a manner defined by law, through motions or statements (Decision No. VIII-018/2021).
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VKDKA deemed such action by an attorney unacceptable.
3. Disputes with the Court, Violation of Procedure
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Excessive emotionality, aggressive behavior, obstruction of court work may lead to disciplinary responsibility, up to suspension of the right to practice (Decision No. II-015/2021).
4. Interruptions with Comments
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Comments containing insults, unfounded accusations, and interruptions are considered signs of a disciplinary offense (Decision No. I-032/2018).
Limits of Permissible: Client Position Defense vs. Ethics Violation
VKDKA has repeatedly emphasized that:
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expressing a client’s position, even critically, is not a violation (No. I-018/2018);
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an attorney has the right to evaluative judgments if they are well-founded (No. VI-022/2019);
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filing a complaint against a judge is not pressure if done properly (No. XII-005/2018).
Conclusion
The attorney’s interaction with the court is not just legal relations but also a space for the realization of professional dignity, principledness, and ethical composure.
Maintaining a balance between the rights of the attorney, client interests, and the requirements for proper conduct is the foundation of a strong and independent legal profession. Adherence to the Rules of Professional Ethics helps preserve respect for the court, professional dignity, and societal trust.
Source – https://tinyurl.com/4pry96xw