From childhood I always had someone to protect, perhaps that’s why I became a lawyer. The activities of any counsel, based on rendering the trust to him, over the years of my practice I have always tried to maintain the confidence to my career. Under no circumstances I won’t break rendered confidence in me. The principles of my profession can be compared with the medical profession. I’m well aware that the level of my professionalism depends on the fate of a person (the client), including his life
From the begining of my law practice, I strived for the very tops of jurisprudence, by improving and raising my skills and knowledge of the law. Qualification of the lawyer, I received in October 1998, since that time has been passed a number of years and until today, without a trace of embarrassment, I can say that I am one of the best lawyers in Ukraine. The way of my work is to provide legal assistance and protection of the rights and interests of my clients in court. My clients can be both physical and legal persons.
Trust, was, is and will be the guiding principle and basis of the legal profession.
The first ethical principle of the legal profession reads as follows: any act or inact of counsel could have serious, lasting consequences for the destiny of the principal, therefore, relevant to the actions of counsel must be extremely strict, precluding any sort was a game. From the first meeting with a client, I always clearly and honestly explain the legal status of his case by describing all perspective and all sorts of problems. Most importantly, it is truthfully and accurately tell a person about what I could help him in his case. Under no circumstances I will not take the case, which is already a foregone to conclusion.
Erosion of trust, and even more abuse in the legal profession are not allowed. All actions of a lawyer should be measured with how they provide protection to the trust. Nothing could be more than this issue. After all, a man who brings his pain and problems of the priest, doctor or lawyer does not seek to notify the others. Therefore, the trust begins with the keeping a secret from the begining of his visit. This is my second and the main principle of my profession – Law secret.
Because the fact of adressing to a lawyer from the first moment becomes the attorney’s secret, also do not mention any information that was known by lawyer in fact of the connection with such treatment. To receive the necessary assistance to the lawyer, the man with himself must to trust him with such information as it to anyone else, under any circumstances he would not trust. One of the main manifestations of freedom in human rights work is keeping secret counsel of the principal. Betrayal of confidence, is considered to the most hard sin, not only in the ethical traditions of the legal profession, but also in cultural tradition as a whole, starting with the oldest religious foundations. Duty of mystery is set in the general interest. Reveal the secret, you not only insult the person who has entrusted the secret but the whole society.
To adequately fulfill this duty, called for lawyers, they first of all, you must deserve trust of the client. It can not be where there is no confidence in the secrecy. Lawyer mystery in itself, appears where the lawyer become known incriminating evidence of the accused that the accused hiding from the court. The presence of professional secrecy puts the defender in a special position. He can not disclose to the court, known to him alone, but hidden in the case of the circumstances and facts. The lawyer should conceal them, and act as if he did not know them. Attorney secrets represents an exception to the usual course of the process, a rare and painful for every lawyer in the peak of his career.
Regardless of the source, once the defendant conceals a certain fact, the lawyer can not, contrary to the will and interestr of the accused, to reveal it.
I, like any lawyer does not aspire to becoming the owner of such mystery. Nevertheless, I am obliged to explain the concept of professional secrecy to anyone of my client before he entrusted me with these or any other information of his problem. The contents of professional secrecy includes: facts unfavorable to the accused, which directly or indirectly are related to the case. Not only the facts, incriminating the accused committed an offense, but the circumstances of another kind, bad for him, which may directly or indirectly affect the extent and degree of responsibility, the facts that have been known a lawyer for his advocacy. The starting point, from which a lawyer may be the holder of professional secrecy, is the moment when a lawyer filed a physical or legal person for legal advice.
Attorney secrets taken into account in the event that the defender accidentally heard about such facts from other people. Regardless of the source, if the defendant conceals a certain fact, the lawyer can not go against the wishes and interests of the accused, to reveal it. The contents of professional secrecy is not only that the lawyer has learned from his client or other persons acting on its behalf and in his interest, under the condition of secrecy, but everything else is reported by the defender or noticed by the defender on duty protection. The defender must keep a secret of his client through witness indicators and assumptions seizure of documents from a lawyer. Because of secrecy and protection of liberty is not allowed seizure of lawyer professional documents.
Keeping secrets is a duty of counsel at the begining and till the end of the case. The lawyer must keep the secret and, after he accused it opened. Attorney secrets stored in relation to the public. If a lawyer who became the owner of professional secrecy, confide in to his fellow lawyers, for example, in order to protect the choice of tactics, it will not be for disclosure, as a mystery, a trusted lawyer should be retained by other lawyers.
The position of the lawyer and his duties in the presence of professional secrecy depends on what stage of the process before the lawyer disclosed that secret and what is its content. Counsel shall, within the law try all methods to protect the accused. Between conventional defense and protection complicated by the presence of professional secrecy there is no difference. In this and in another case, counsel points to the insufficiency of evidence against the defendant.
The question of professional secrecy is regulated by Article 9 of Law of Ukraine “On Advocacy”, which establishes the duty of counsel to keep a secret. Prohibition of disclosure professional secrecy must be absolute. Disclosure of professional secrecy must be recognized to be breaking of the rules of the legal profession. In the event of a conflict, when in the process of protecting it becomes clear, that a lawyer can attest to the defendant useful facts obtained by counsel outside the context of legal assistance, a lawyer should refuse to continue protecting and being questioned as a witness. You must understand that work with each client requires an individual approach. Obtaining the information which is confidential.
To receive the necessary assistance from lawyers, people need to trust them with this information that they and anyone under any circumstances would not trust…
In fact, such witness indicators does not contradict the principles of the lawyer to provide legal assistance and comply with the rules of the profession. Counsel should not and can not be a judge in evaluating the information received from the principal, with a view to whether they are or are not relevant to the subject of professional secrecy. Any information obtained from the principal concerns of the principal members of his family, friends, acquaintances or strangers, refers to professional secrecy. The lawyer should not, inform about any, information he had received an interest in obtaining it to third parties, including law enforcement, or as an informer or as a witness or as an operating officer.
The subject of attorney’s secrets can include not only the content of conversations with a lawyer by contacting: natural or legal person who has applied for legal aid to a lawyer.
Each trustee must be aware of, firstly, that the subject of professional secrecy includes all information obtained by counsel from the principal, as well as the content and tactics of legal aid and, secondly, that for breaking of professional secrecy lawyer may be disciplined by the Qualification and Disciplinary Commission of the Bar, to the exclusion of the bar.
The subject attorney’s secrets can include not only the content of conversations with a lawyer to seek legal means of face, but the very fact that access to a lawyer. The concept of professional secrecy must include immunity law firm, then there are places (rooms), where the lawyer maintains professional papers, receives visitors, working on drafting pleadings. It is unacceptable to produce an attorney recess so-called “non-professional instruments,” for any available documents are the attorney for him and his principals, professional documents that made up the attorney’s secrets.
Storage of documents is also a mystery, a trusted lawyer trustee. The subject covered by professional secrecy and the testimony of the defendant against the lawyer. Such statements are treated as slander. Such a reservation takes place in cases where the defendant “cooperated” with the investigator. The investigator promises an accused to give all the “benefits” in exchange for a reservation counsel. This is slander; it is sometimes necessary unscrupulous investigator to obtain a formal basis for the removal of counsel, and an invitation to another easy corollary. Counsel should have immunity from slander by the defendant, and such stipulations should not have procedural implications.
Advice of lawyer by the content of the file to the principal to his refusal to earlier data confessions also applies to professional secrecy. But it can not be attributed to professional secrecy, but instead will be a disciplinary offense destruction of evidence or documents from the lawsuit, throwing the place to be searched (inspection of the scene) of items that would justify the defendant and so on. If a situation arises when non-disclosure of information obtained could lead to greater social damage than the non-disclosure, or any another incident, each of them must be subject to disciplinary assessment of the competent authority of the legal profession, and the lawyer may make a decision only in accordance with this opinion.
Legal security of business (legal persons) for the lawyers associated with the decision of hazardous and conflicting legal situations. Legal services organizations, an excellent job with their tasks as long as them, do not conflict law enforcement agencies. This is the scope of activities of lawyers. It is not always legal department is ready to conflicts involving illicit acquisitions or businesses to be seized. Reasons for the prosecution set. Therefore, great importance is the prevention of severe and unjustified legal consequences that might entail, it would seem normal, conventional (commonly known), the methods of doing business in Ukraine.
Vocation of the lawyer – is no substitute for legal service, no need to join with her in a contradiction, but only give an estimate for a legal issue from the viewpoint of possible practical developments, taking into account the specifics of enforcement. The task of the lawyer – to warn, to provide additional options for solutions, suggest preventive measures that would help in the future, firmly defend it’s position before the law enforcement agencies and the courts. Experience in dealing with this kind of many conflict situations become more and more, it is in daily confrontation legal tyranny.
For individuals, legal problems are also associated with both the existing conflict of interest, and with its preparations for the prevention or the most optimal position to defend their rights. Whether it’s housing disputes, inheritance case or controversy copyright.
The story of my legal practice began in 1990 when I entered the Kiev National Taras Shevchenko University, the Faculty of Law, combining both study and practice in business associations Darnitsa. In May 1999, I registered at the Ministry of Justice Law firm Kryzhanivskyi & partners, from the moment I began to stick to one fundamental rule – the customer is first. Whatever the moral and physical condition I may and always realize that the fate depends on me, and often a person’s life, my client.
Indeed, in legal profession, like doctors, there is one simple truth – no harm.
That is why in our Law firm client has always been, is and will remain in first place. If our lawyers and attorneys protect your interests, they are doing their best, realizing the full extent of liability. We always inform the person who asked us for help on our real possibilities.
