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10 J. Advanced Res. L. & Econ. 603 (2019)
Independence of an Advocate in Disciplinary Proceedings: Comparative Approach with a Focus on Ukrainian Experience

handle is hein.journals/jarle10 and id is 605 raw text is: Volume X, Issue 2(40), Spring 2019 DOI: https:/Hdoi.org/10.14505/jarle.v10.2(40).22 Independence of an Advocate in Disciplinary Proceedings: Comparative Approach with a Focus on Ukrainian Experience Ivan V. NAZAROV Department of Advocacy, Yaroslav Mudryi National Law University, Kharkiv, Ukraine nazarov ivanp~ukr.net Olena M. OVCHARENKO Department of Advocacy, Yaroslav Mudryi National Law University, Kharkiv, Ukraine justice.olena(gmail.com Yana 0. KOVALYOVA Department of Advocacy, Yaroslav Mudryi National Law University, Kharkiv, Ukraine kovalyova75gukr.net Yulia 0. REMESKOVA Kharkiv, Ukraine Department of Advocacy, Yaroslav Mudryi National Law University, Kharkiv, Ukraine remeskova.yuleagmal.com Suggested Citation: Nazarov, I.V. et al. 2019. Independence of an Advocate in Disciplinary Proceedings: Comparative Approach with a Focus on Ukrainian Experience, Journal of Advanced Research in Law and Economics, Volume X, Spring, 2(40): 603 - 615, DOI: 10.1 4505/jarlevi0.240)22. Available from: http://iournals.aserspublishin.eu/iarle/index Article's History: Received 9 December, 2018; Received in revised form 11 January, 2019; Accepted 24 February, 2019; Published 31 March, 2019. Copyright © 2019, by ASERS® Publishing. All rights reserved. Abstract: This research brings a special focus on the notion of disciplinary liability of advocates, regarding their status in a legal system dedicated to universal standards of competitive fair trial. The article is based on experience of Ukraine in shaping an efficient system of the bar, with a wide comparative insight into the systems of disciplinary liability of lawyers in European counties. Universal standards of professional legal ethics are being peculiarly adverted. Safeguards of procedural independence of lawyers in disciplinary proceedings are presented regarding best European practices. It has been concluded that confidentiality is a cornerstone of professional status of a lawyer and limitations of this principal should be strictly envisaged by law. Otherwise, trustful relationships of a lawyer and his client would be challenged. Independence, due proceedings of investigation of disciplinary offences, proportionality are mentioned as basic principles on which the system of disciplinary liability of lawyers in a democratic society is being founded. Local bar associations play a leading role in protection of advocates' professional rights and shielding them from unwanted attacks of any type, including infringements of procedural rights of lawyers, coming from law-enforcement authorities. Keywords: disciplinary liability; confidentiality of advocates' practice; bar associations; proportionality of disciplinary sanctions; competitive fair trial. JEL Classification: D74; K15. Introduction According to J. Moliterno, 'In democratic societies, ... a lawyer is the guardian of the rule of law, the ideal that all people stand equally before the law and neither expect nor receive special treatment from it. In emerging democracies, this role is especially important for lawyers, who have the potential to become the great levelers between the powerful and the less so' (Moliterno and Harris 2007). Council of Bars and Law Societies of Europe defines the lawyer's role as follows: '... the lawyer, who faithfully serves his or her own client's interests and protects the client's rights, also fulfils the functions of the lawyer in Society - which are to forestall and prevent conflicts, to 603

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