Ethical standards in advocacy: features of observation and responsibility for their violation

2022;
: 51-56

Romanova A. "Ethical standards in advocacy: features of observation and responsibility for their violation."
https://science.lpnu.ua/law/all-volumes-and-issues/volume-9-number-234-2...

Authors:
1
Institute of Jurisprudence and Psychology, Lviv Polytechnic National University, Department of Theory and Philosophy of Law

It has found that the activity of a legal professional is based on the general moral and moral principles of humanism, justice, legality, patriotism, independence, publicity, etc. In Ukraine, in addition to professional requirements, the legislative level enshrines ethical requirements for advocacy and the identity of a lawyer.

It is emphasized that each aspect of professional activity dictates special rules of conduct, non-compliance with which can provoke conflict situations, emotional burnout and professional deformity. And the worst thing is the violation of human rights and freedoms and unprofessional performance of official duties.

It is proved that the deontological factor of the internal and external imperative of the lawyer's duty is their close interaction. It is a professional field that combines the inner beliefs and motivations and prescriptions of the norms throughout the lawyer's cooperation with his client. Advocacy also has risks of professional deformity, which are manifested in indifference to the profession, neglect of client interests, superficial, formalistic approach to a particular case, and so on.

As for the extreme importance of the functional workload of the legal profession requires lawyers to adhere to high ethical standards of conduct. At the same time, the specifics and complex nature of the responsibilities assigned to the bar determine the need to balance the principles of the lawyer's service to the interests of the individual client and the interests of society as a whole, compliance with the rule of law and the rule of law.

Emphasis is placed on the problem of conflicts between fellow lawyers. The consequence of such a conflict is the appeal of one of the lawyers to the Qualification and Disciplinary Commission of the Bar of the region, the lawyer who initiated the appeal is obliged to provide evidence that he took measures to resolve the conflict peacefully.

1. Vilna entsyklopediia Vikipediia. (2016). Profesiina etyka [Professional ethics]. https://uk.wikipedia.org/wiki/%D0%9F%D1%80%D0%BE%D1%84%D0%B5%D1%81%D1%96%D0%B9%D0%BD%D0%B0_%D0%B5%D1%82%D0%B8%D0%BA%D0%B0/ Profesiina etyka.

2. Vilna entsyklopediia Vikipediia. (2014). Advokat [Lawyer]. https://uk.wikipedia.org/wiki/%D0%90%D0%B4%D0%B2%D0%BE%D0%BA%D0%B0%D1%8 Advokat.

3. Lozovoi V. O., Petryshyn O. V. (2004). Profesiina etyka yurysta [Professional ethics of a lawyer]. Kharkiv : Pravo. 176 p.

4. Verkhovna Rada Ukrainy. Zakonodavstvo Ukrainy. (2013). Zakon Ukrainy «Pro advokaturu ta advokatsku diialnist» [Law of Ukraine «About advocacy and advocacy»]. https://zakon.rada.gov.ua/laws/show/5076-17#Text.

5. Verkhovna Rada Ukrainy. Zakonodavstvo Ukrainy. (2017). Pravyla advokatskoi etyky [Rules of lawyer ethics]. https://zakon.rada.gov.ua/rada/show/n0001891-17#Text.

6. Verkhovna Rada Ukrainy. Zakonodavstvo Ukrainy. (2014). Polozhennia pro poriadok pryiniattia ta rozghliadu skarh shchodo nenalezhnoi povedinky advokata, yaka mozhe maty naslidkom yoho dystsyplinarnu vidpovidalnist [Regulations on the Procedure for Accepting and Considering Complaints Concerning the Misconduct of a Lawyer, Which May Conseach His Disciplinary Liability]. . https://zakon.rada.gov.ua/rada/show/vr120871-14#Text.