Advice only within the framework of the law. Popularity is not immunity from liability.
In March 2025, a transcript of a conversation between a lawyer from the Kyiv region and a potential client who sought advice on mobilization issues was made public. At first glance, the conversation was standard – the client, who had “accidentally lost” his documents, asked questions about military registration, certificates, medical examinations, deferrals, and the possibility of crossing the border. The lawyer, acting within the law, voiced general mechanisms, legislative conditions, and grounds, in particular regarding participation in the Military Commissariat, the need for documentary confirmation of diagnoses, and legal protection of the rights of a person who is not registered.
But the situation took an unexpected turn: due to a technical error, the recording continued after the consultation ended . And the recording already recorded an unofficial conversation between the “client” and unidentified persons , probably colleagues or representatives of the authorities, where they discussed whether the lawyer could be “held accountable” for such consultations, and how to prove her alleged assistance in evading mobilization.
What does this mean for lawyers?
The practice of provocations is spreading – clients who contact lawyers with a number of questions (reservations, certificates, VLK, “Shlyakh system”) may be pseudo-appeals initiated with the aim of collecting evidence for potential criminal proceedings or discrediting.
However, such consultations are not a criminal offense, as long as the lawyer does not advise to knowingly commit illegal actions or does not assist in the preparation of forged documents. In the mentioned case, the lawyer does not violate the law, emphasizes the need to provide official documents and examinations, reminds of the requirements of the law and the conditions of mobilization.
However, even legitimate advice can be used fragmentarily, taken out of context and presented as “proof of intent”, especially in the public sphere or during targeted information campaigns.
Tips for lawyers: how to protect yourself
- Work exclusively within the legal framework. Even if the topic is emotional and complex – mobilization, war, traveling abroad – your consultations should be based only on current legislation and be informative, not prescriptive.
- Avoid value judgments, unofficial recommendations, or hints (“it’s easier to get there,” “the border guards know you there,” etc.) – even if it’s everyday advice, it can be used against you.
- Record in writing the purpose of the client’s request, the list of services provided, and the limits of liability. Avoid “friendly consultations” over the phone, especially with unknown people who do not provide documents.
- Do not disclose techniques that could be interpreted as assisting in evasion, even if it is for legitimate reasons (for example, specifics of passing the VLK). You have the right to inform, but not to facilitate.
- Be careful with publicity. Even positive customer reviews on social media (especially on the topic of mobilization or leaving the country) can be used as “indirect confirmation” of a certain systemic practice.
Lawyers should be vigilant, but not fearful
This case is a signal for all lawyers in the Kyiv region: the topic of mobilization remains sensitive for both society and law enforcement. The job of a lawyer is not to contribute to violations, but to protect the rights of citizens even in the most difficult situations, without going beyond the law.
We advise lawyers:
- document your consultations,
- to act professionally and cautiously,
- contact the Kyiv Region Bar Council in case of pressure or provocations.
If you have become the object of unlawful persecution due to your legal activities, do not hesitate to inform the Kyiv Region Bar Council and the relevant Committees to protect your professional rights.