The NAAU discussed the specifics of forms of advocacy

09.03.2023

The NAAU discussed the specifics of forms of advocacy

On February 28, NAAU hosted a webinar on "Organizational forms of advocacy."

The event was initiated by the Bar Practice Committee with the aim of providing lawyers with recommendations on the choice of form of legal practice.

During the event, the specifics of individual advocacy activities, problematic issues related to the creation and functioning of a lawyer's bureau and a lawyer's association were considered. The specifics of the execution of assignments, interaction, partnership and regulation of the activities of lawyers as part of the AB and AO were also disclosed. Actual issues of taxation, payment and distribution of fees were discussed.

The event was moderated by Bohdan Kushnir, Chairman of the Legal Practice Committee of NAAU, partner of JSC "Dgravity Legal" and Volodymyr Vikhlyaev, member of the Committee's Council, lawyer, vice-rector for legal work of the Classical Private University.

Edgar Simonyan, lawyer, managing partner of JSC "Dextro" and JSC "Simonyan and Partners" Edgar Simonyan, spoke about the practical aspects of practicing law in the form of a law office or association of lawyers, in particular, he revealed the current issues regarding the creation and combination of forms of practice of law, their internal organization and issues of payment for the provision of legal (legal) assistance. In his report, the speaker emphasized that, first of all, it is necessary to determine the purpose of creating one or another form of activity, and only then determine the form of taxation, founder, organizational and legal form, etc.

Lawyer, Dr. Ju. n., professor, senior partner of JSC "Gobechiya and partners" Yuriy Yurkevich during his report noted the problematic aspects of the creation and activity of bar associations under the legislation of Ukraine. The speaker drew attention to the fact that: "The role of a lawyer, as well as the importance of the legal profession, differ in many countries. Attorney's powers, organizational forms of advocacy, the importance of advocacy in general, etc. in almost every state undergo changes in the course of socio-economic transformations. Despite the stormy times and the struggle of our State against the criminal armed aggression of Russia, reforms in Ukraine do not stop. Of particular interest is the approach proposed by the Concept of Updating the Civil Code of Ukraine regarding the fact that the Central Committee of Ukraine, as a fundamental act of private law, which regulates, including, general provisions on legal entities, should define an exhaustive list of their organizational and legal forms while rejecting archaic ones structures of legal entities". According to him, such approaches certainly cannot but affect the organizational forms of advocacy, two of which involve the creation of an entity with the status of a legal entity. At the same time, the expediency of effective regulation of advocacy activity is beyond doubt, and the importance of the Institute of Advocacy in Ukraine is difficult to overestimate.

At the end of the event, the speakers provided answers to the audience's questions about the specifics of the choice of forms of advocacy.

Link to the video recording of the webinar and presentation: https://cutt.ly/b8WhQYF

https://www.facebook.com/UkrainianNationalBarAssociation/videos/534158475521895/

The text and photos were prepared by the team of the NAAU Committee Coordinator

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