In the justice system, an attorney should be an independent defender, but in practice, increasingly becomes the target of pressure, persecution, and discredit. Searches in offices, demands for disclosure of secrets, and information attacks are becoming a new reality for the profession.
The National Association of Advocates of Ukraine has launched a series of workshops for attorneys dedicated to the issue of preserving professional independence in the face of increasing pressure. Recently, the first event on the topic took place: ‘Preventing Violations of Guarantees of Advocacy. Tools to Counter Violations and Illegal Interference in Advocacy.’ The organizers were UNBA NextGen, the Committee for the Protection of Advocates’ Rights and Guarantees of Advocacy, and the Human Rights Protection Committee.
Opening the event, the head of the Youth Committee Igor Andreev reminded that an attorney acts not only as a party in the process but also as a target. Therefore, it is important not only to know one’s rights but also to be able to defend them daily. ‘This is why we are creating this platform – workshops that speak the language of practice,’ explained the moderator. ‘We need to instill in young attorneys a clear understanding of self-defense mechanisms, ethical responsibility, and the boundaries of professional security.’
The head of the Committee for the Protection of Advocates’ Rights and Guarantees of Advocacy of the NAU, Yevhen Solodko, formulated and explored four basic rules that every practicing attorney must adhere to in order to protect themselves. Firstly, it is necessary to know the algorithm of actions during a search, detention, or summons for questioning. Secondly, it is important to communicate with law enforcement officers without emotions and within the legal framework. Only under such conditions can one preserve their reputation. Thirdly, when violations of guarantees of activity do occur, ignoring them is the worst option. Each case should be documented and reported to the bodies of advocate self-government. And from this follows the fourth rule – an attorney should not face threats alone.
The importance of raising the professional awareness of attorneys and strengthening ethical standards in client relationships was discussed by a member of the Committee for the Protection of Advocates’ Rights and Guarantees of Advocacy of the NAU, Artem Zakharov. He reminded that the foundations of client relationships are laid down in Articles 8, 18, 19 of the Rules of Advocacy Ethics: an attorney must remain independent from their client while informing about the consequences of their actions and explaining the legal position in the case. It is also unacceptable to accept instructions if the desired result or means of achieving it are unlawful, or if the instructions go beyond the professional rights and duties of an attorney.
A. Zakharov provided several practical recommendations. In particular, he advised adhering to one’s own value system in client relationships. Different roles can be applied in work: defender, advisor, representative, mediator, negotiator, and so on. It is essential to analyze client requests for compliance with personal values, mission, and professional roles.
It is also important to establish clear rules regarding fees and not deviate from them under any circumstances. Of course, building relationships with clients should be based on mutual trust and partnership, but at the same time, one must be able to refuse and consciously choose clients to work with. And to prevent unlawful actions, it is important to explain the consequences and avoid participation in any unlawful actions under the guise of providing legal assistance.
Advocacy by its nature involves handling sensitive information, access to which is determined not only by law but also by trust between the attorney and the client. Therefore, proper storage of such information is of paramount importance. The head of the NAU Human Rights Protection Committee, Hanna Kolesnyk, emphasized that the most vulnerable are documents created or processed by an attorney in forming a legal position: drafts of procedural documents, internal analytical notes, evidence summaries, action strategy options. However, the loss or compromise of a client’s documents – powers of attorney, personal documents, extracts, correspondence – is equally critical. Storing them without the appropriate level of protection undermines reputation and provides grounds for holding the attorney accountable.
Therefore, handling information (both in paper and electronic form) must meet requirements for its receipt, processing, transmission, archiving, and destruction. In this context, not only technical measures (data encryption, multi-factor authentication, use of corporate cloud services with access rights segregation) are important, but also organizational mechanisms – keeping records of document transfers, handover acts, applying a restricted access policy to materials within the company.
Considerable attention should be paid to issues of involving employees in work, especially assistants, interns, and trainees. H. Kolesnyk noted that attorneys sometimes delegate to them technical tasks related to document preparation, scanning, or archiving. However, there is a lack of awareness that a person without attorney status or proper training may not adhere to confidentiality requirements or simply not understand them. Therefore, hiring or involving trainees should be accompanied not only by signing non-disclosure agreements but also by implementing internal access policies and information security instructions.
The committee chair also devoted special attention to archive organization. Storage periods should be determined taking into account procedural law provisions and the specifics of the particular case. Keeping copies of document drafts, email correspondence with the client, certificates, and explanations that were not submitted to the court but formed the legal position can be crucial for case reinstatement or in case of further disputes.
The client’s behavior also plays a significant role. After all, the client may inadvertently disclose the legal position, pass documents to third parties, or disclose elements of the strategy on social media. This creates risks not only for the case but also for the attorney – considering the loss of procedural advantage or possible accusations of misconduct. Therefore, the attorney should not only keep the secret themselves but also clearly communicate to the client the boundaries of permissible behavior.
In conclusion, H. Kolesnyk emphasized that information storage in advocacy goes beyond the technical aspect and becomes part of the attorney’s identity as a bearer of professional trust, a human rights defender, and a guarantor of procedural order. Ensuring information security requires the attorney to implement their protection policy, constantly update knowledge in the field of IT security, and create a responsible environment within the office.
The workshop series will continue. The next planned topics include digital risks, professional ethics, and protecting attorneys’ rights in criminal proceedings, and more.