FEATURES OF THE ADVOCATE’S PROFESSIONAL GUARANTEE, SETTING THE PROHIBITION FOR THE ADVOCATE’S IDENTIFICATION WITH THE CLIENT
Journal Title: Jurnalul juridic naţional: teorie şi practică - Year 2018, Vol 1, Issue 1
Abstract
The article explores the legislative norm that declares such a guarantee of professional advocacy as a “prohibition on identification of a lawyer with a client”. It is determined that failure to comply with this guarantee may endanger the existence of the institution of the Bar as a whole, making it useless and ineffective, since in the exercise of his professional activity, the lawyer enjoys a special status, and the guarantees given to him by the state are the basis of such activity. It is proposed by the author to introduce specific legislative innovations that will oblige persons who have official communication with lawyers in the course of their professional activity to strictly observe the guarantee analyzed in this article. The urgent need for such innovations is explained by the fact that cases of identification of lawyers with their clients that have become more frequent in recent years and, as a consequence, illegal prosecution of lawyers by law enforcement bodies, testify not only that law enforcers ignore with impunity the requirements of the profile Law of Ukraine “On Advocacy and Advocate’s Working”, but also that they deprive citizens of the Ukrainian state of the right to legal assistance, and lawyers – the right to a profession.
Authors and Affiliations
Yuliya MELIKHOVA
Keywords
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