The right of a lawyer to practice is not unconditional. The Law of Ukraine "On the Bar and Practice of Law" clearly defines the cases when it may be temporarily suspended, and also establishes the procedure for bringing a lawyer to disciplinary responsibility. Which violations can lead to such a decision, who has the right to initiate disciplinary proceedings, and whether systematic delay of a court process can be a ground, was analyzed by UNN.
"The ground for suspending the right to practice law is, in particular, the commission of a disciplinary offense by a lawyer. And the law on the bar and practice of law itself clearly stipulates in which cases the commission is entitled to make a decision to apply a disciplinary sanction in the form of suspension of the right to practice law... First, it is the repeated commission of a disciplinary offense within a year, the so-called recidivism; next, it is a violation of incompatibility requirements. We had a case where a lawyer worked in the civil service, in a military administration, and also engaged in legal practice. This is unacceptable. And also, systematic or a single gross violation of the rules of lawyer ethics. When there is such a type of disciplinary offense as a violation of the rules of lawyer ethics, if there are two or more violations, or a single gross violation – it is first assessed by the regional CDC, then by the HQCBA," said the head of the Higher Qualification and Disciplinary Commission of the Bar, Andriy Misyats.
Andriy Misyats, head of the Higher Qualification and Disciplinary Commission of the Bar
At the same time, any person can file a complaint regarding a lawyer's behavior.
"Every person who is aware of facts of improper behavior of a lawyer that contain signs of a disciplinary offense of a lawyer can file such a statement. Anyone. So you are walking and see that a lawyer is quietly violating the rules of lawyer ethics. You are not even involved in that, but you have the right to write such a complaint. That's it, the procedure is launched," emphasized the head of the HQCBA.
Can delaying a court process lead to disciplinary liability?
The active use of procedural rights by a lawyer in itself is not a violation. At the same time, the law and the Rules of Lawyer Ethics draw a clear line between proper client protection and abuse of procedural opportunities.
The Rules of Lawyer Ethics directly prohibit a lawyer from taking actions aimed at unjustified delay of court proceedings. If numerous unfounded motions, repeated unjustified challenges, systematic failures to appear without valid reasons, or other procedural actions have the sole purpose of obstructing the consideration of the case, they may be regarded as a violation of professional ethics.
At the same time, the mere fact of delay is not sufficient for disciplinary liability. It is necessary to prove that such actions were indeed unjustified and contradicted the professional standards of legal practice.
At the same time, the law guarantees the right to appeal such a decision.
"A lawyer can file a complaint with the HQCBA, we review it, and either uphold it or overturn it. We can change it. For example, if a one-year suspension was given, we can reduce it to six months or three months. And vice versa, if a three-month suspension was given, we can apply a one-year suspension. Everything is considered in the context of the specific case," explained Andriy Misyats.
If the suspension decision remains in effect, the lawyer loses the right to represent clients in criminal, civil, administrative, or commercial cases. In open criminal proceedings, this means the need to engage another defense counsel or appoint a lawyer through the system of free legal aid.