Contracts, working with counterparties, claims and lawsuits, representation in courts — these aspects of enterprise activity are traditionally handled by in-house legal counsels. However, even if they have the status of an attorney, the guarantees of attorney activity do not always protect the company and its officials in critical moments.
Because the employment contract that regulates relations within the Labor Code (Art. 21) does not ‘activate’ the legal guarantees provided for attorneys. Therefore, even an attorney with a certificate working in a company under an employment contract does not ensure the proper level of legal protection if no legal assistance agreement has been concluded. This agreement is the legal key that triggers the mechanism of attorney guarantees.
In Ukraine, the following guarantees of attorney activity are enshrined and in force at the legislative level:
- inviolability of attorney-client privilege — prohibition on seizure, inspection, and disclosure of documents related to attorney practice (Art. 161 of the Criminal Procedure Code, Art. 22 of the Law ‘On Advocacy and Legal Practice’);
- confidentiality of communication with the client — any interference is prohibited (para. 9 part 1 of the law);
- special procedure for procedural actions concerning an attorney, including searches and temporary access (part 2 of the law);
- protection of the legal position — pressure or persecution for the expressed position within professional activity is not allowed (paras. 10, 14, 15 part 1 of the law);
- protection against pressure — criminal liability for encroachment on an attorney and their professional activity, provided for in Arts. 397–400 of the Criminal Code.
It is worth mentioning the Basic Principles on the Role of Lawyers adopted by the UN in 1990, ratified by Ukraine. They stipulate that states should ensure lawyers can carry out their professional duties without intimidation or hindrance, and exclude any possibility of punishment or threats for actions taken in accordance with recognized professional duties, standards, and ethical norms.
In March 2025, the Council of Europe adopted the Convention on the Protection of the Profession of Lawyer, which guarantees the right to free professional activity, freedom of expression for lawyers, prohibits identifying a lawyer with a client, and provides special protection mechanisms for lawyers and their associations. Ukraine is preparing to sign this document in the near future. This means that the legal protection of lawyers and their clients will receive a new level of international recognition.
Therefore, having a contract with a lawyer is a legal shield for business, which can be crucial in conditions of criminal prosecution, information leaks, or pressure from state authorities.
And to make these guarantees work effectively, several practical steps need to be taken.
First of all, it is advisable to conclude a legal assistance agreement between the company and the lawyer, even if the latter works in the legal department. Next, update the data in the Unified Register of Lawyers of Ukraine, including specifying the lawyer’s workplace address, including the company’s office, equipment (laptops, phones) containing attorney-client privilege, and official communication channels — email, social networks, messengers.
The more data in the register, the wider the guarantees of attorney activity spread to documents, correspondence, communication, and other information carriers. These simple actions can be crucial, for example, if an investigator comes with a search warrant, as information from the register is more protected from unlawful interference.
Another important security tool can be the lawyer’s dossier on the client. It records consultations, transferred documents, legal positions, and conclusions. This data confirms the fact of legal assistance, proves the validity of the lawyer’s actions, and automatically falls under the protection regime of attorney-client privilege. No investigator, court, or authority has the right to seize the lawyer’s dossier — even during a criminal investigation.
Therefore, an in-house attorney without an agreement is just an employee. An attorney with a legal assistance agreement is a full-fledged partner with working guarantees. Timely conclusion of contracts, updating information in the Unified Register, and proper organization of work — all this should become part of the corporate security strategy. After all, ultimately, the one who not only acts but also correctly documents their actions wins.
Organizing work with a lawyer is an investment in business security that will pay off in the most responsible moments.
VITALII FEDIRKO, Legal Counsel at NAALU
The material is published in the publication ‘Law and Business’