Key Concepts and Information Useful for Clients

Types of Advocate’s Activity

Article 19 of the Law of Ukraine “On Advocacy and Advocate’s Activity”

1) providing legal information, consultations, and explanations on legal matters, as well as legal support for the activities of legal entities and individuals, state authorities, local self-government bodies, and the state;

2) preparing applications, complaints, procedural documents, and other legal documents;

3) protecting the rights, freedoms, and legitimate interests of a suspect, accused person, defendant, convicted person, acquitted person, a person in respect of whom compulsory medical or educational measures are expected to be applied or the issue of their application is being decided in criminal proceedings, a person in respect of whom extradition to a foreign state is being considered, as well as a person brought to administrative liability during the consideration of an administrative offense case;

4) providing legal assistance to a witness in criminal proceedings;

5) representing the interests of a victim during the consideration of an administrative offense case, and representing the rights and obligations of a victim, civil claimant, and civil defendant in criminal proceedings;

6) representing the interests of individuals and legal entities in courts during civil, commercial, administrative, and constitutional proceedings, as well as before other state authorities and before natural and legal persons;

7) representing the interests of individuals and legal entities, the state, state authorities, and local self-government bodies before foreign and international judicial bodies, unless otherwise provided by the laws of foreign states, the statutory documents of international judicial bodies and other international organizations, or international treaties binding upon Ukraine with the consent of the Verkhovna Rada of Ukraine;

8) providing legal assistance during the execution and serving of criminal sentences;

9) protecting the rights, freedoms, and legitimate interests of a whistleblower in connection with the whistleblower’s report of information about a corruption offense or corruption-related offense.

An advocate may carry out other types of advocate’s activity that are not prohibited by law.

Advocate’s Request

Article 24 of the Law of Ukraine “On Advocacy and Advocate’s Activity”

Advocate’s request means a written request by an advocate to a state authority, local self-government body, their officials and officers, enterprises, institutions, and organizations regardless of their form of ownership and subordination, or public associations, for the provision of information or copies of documents necessary for the advocate to provide legal assistance to a client.

Defense Speech by an Advocate in Court Debates

The complex work of an advocate in court proceedings concludes with participation in court debates. The task of defense counsel in court debates is to form a conviction in the judge’s mind that supports the client’s position and contributes to a favorable outcome.

A defense speech should contain the following components: an introduction; analysis of the factual circumstances of the case; examination of the legal aspect of the claim brought; and a conclusion.

The introductory part of the speech sets the direction for the further presentation of the material. It may begin with an assessment of the socio-political significance of the case, or with an emphasis on the specific features of the case, or, alternatively, with a general justification of the defense counsel’s position.

The most important section of an advocate’s defense speech is the presentation of the circumstances of the case from the defense perspective and the analysis of all evidence examined during the court hearing. As a rule, the analysis begins with a critical assessment of each item of evidence from the defense perspective. After that, all examined evidence is considered as a whole, with attention focused on the presence or absence of connections between them.