“In a democratic society, the bar is a cornerstone of the justice system, because it provides the practical implementation of everyone’s constitutional right to defense. However, a dangerous trend is increasingly emerging in recent years – identifying lawyers with their clients. This phenomenon not only contradicts legal standards, but also creates serious risks to the independence of the profession, personal safety of lawyers and access of citizens”, – WRITE ON: ua.news
In a democratic society, the bar is a cornerstone of the justice system, because it provides the practical implementation of everyone’s constitutional right to defense.
However, a dangerous trend is increasingly emerging in recent years – identifying lawyers with their clients.
This phenomenon not only contradicts legal standards, but also creates serious risks to the independence of the profession, the personal safety of lawyers and access of citizens to legal assistance.
What is the identification of a lawyer with the client?
The identification of a lawyer with the client is any actions or statements that equate a lawyer with his or her client or principal-as if the professional activity of a defender automatically means consent with the client’s position or actions.
This can be manifested in media labels when a lawyer is called a “accomplice of a criminal” or in an attempt to bring a lawyer to justice for the fact of protection.
A demonstrative example of identifying a lawyer with the client is the situation that happened in the case of “drunk parties”.
The circumstances of the case were that at the beginning of 2023 videos and photos from parties in Kiev were spread on social networks, where a group of young men from Ivano-Frankivsk treated girls with alcohol and committed violence against them.
The case was quickly taken into operation by law enforcement agencies: two organizers were informed about the suspicion, and several more participants were handed the summary to the military enlistment office during the search. Here, the defender of the defendants also came under the distribution.
On the Internet, they merged and immediately began to spread photos of the defendants with summons, including the photo of the lawyer. Some media and information resources have submitted it next to the suspects, calling everyone in the photo “rapists” or “part -time organizers”, which identified the defender with his clients.
This case caused indignation at the lawyer and the entire lawyer community, because he was actually put in a row with persons whose actions became the subject of criminal proceedings.
The norms of Articles 59 and 131-2 of the Constitution of Ukraine are guaranteed that everyone has the right to professional legal assistance provided by lawyers. Absolutely anyone and at any stage is free to choose the defender of their rights.
Despite whether in an ordinary civil case on the separation of property or in a high -profile criminal case on accused of most serious crimes. The Constitution guarantees the independence of the lawyer, and everyone’s right to defense is an integral part of the rule of law.
In turn, Article 23 of the Law of Ukraine “On Advocacy and Advocacy” directly provides for a ban on identifying a lawyer with the client. It is important that this rule not only prohibits the lawyer to equate with the client, but also places a positive obligation on the state to prevent such cases and stop them.
The mentioned norms of national legislation have become a projection of international acts ratified by Ukraine. Thus, the UN’s basic provisions on the role of lawyers (1990) clearly state: lawyers should not identify with their clients or the affairs they do.
States should protect lawyers from any form of persecution or pressure in connection with the performance of professional duties.
European standards also consistently emphasize this guarantee. Recommendation No. R (2000) 21 of the Committee of Ministers of the Council of Europe stresses that lawyers should not be subjected to sanctions or pressure if they operate within professional standards.
This is directly related to the right of everyone to a fair court, enshrined in Article 6 of the European Convention for the Protection of Human Rights.
However, there is a ban on identification, and responsibility is not.
Only on 16.07.2025 the Verkhovna Rada of Ukraine adopted Law No. 4547-IX “On Amendments to the Code of Administrative Offenses, Criminal and Criminal Procedure Codes of Ukraine on ensuring compliance with advocacy guarantees”, aimed at strengthening the legal protection of lawyers and introducing mechanisms for their professional guarantees.
Law No. 4547-IX is extremely important because it eliminates a legal vacuum that has allowed the no already existing ban on the identification of lawyers with their clients, provided for in Article 23, Article 23 of the Law of Ukraine “On Advocacy and Advocacy”.
Currently, the law has been approved by the President to sign and expects publication.
Preventive nature of the prohibition
The ban on identification is not formality. It performs a preventive function because it relieves the risks of discrediting the profession and pressure on lawyers.
If this rule is ignored, the consequences become much more dangerous: from restriction of the right to protection – to physical encroachment on lawyers, humiliation of their honor and dignity, destruction of professional reputation.
The Council of Advocates of Ukraine has repeatedly emphasized this in its decisions. Thus, in Decision No. 35 of 18.06.2020, it is emphasized that the identification of lawyers with clients contradicts both national and international standards.
And in clarification to Article 23 of the Law, approved by the decision of RAU No. 49 of 05.08.2020, the emphasis was placed: such a guarantee is aimed at providing quality legal assistance and the exercise of the right to a fair court.
The ban on identifying lawyers is not so much the protection of the professional community as the protection of citizens. After all, without this guarantee, lawyers will not be able to freely do their work, and therefore – people will remain without effective protection in the courts.
Society should be aware that a lawyer is not an accomplice to a crime or a client’s associate. He is a guarantee of law, a guarantor of compliance with the law and justice. The hunting of labels on a lawyer destroys confidence in justice and transforms the constitutional right to protection into an empty declaration.
Conclusion
The identification of a lawyer with a client is a dangerous and destructive practice that contradicts Ukraine’s legislation and international acts. The ban on such identification is not just a legal norm, but a preventive measure that protects lawyers from discredit and attacks, and society from the destruction of the Institute of Protection.
Each case of a lawyer with his client must be condemned by both a professional community and authorities.
After all, it is not only about the honor of lawyers, but about the right of every citizen to a just court, which begins with the ability to freely elect a defender and be sure that he can act without fear and bias.
Only adherence to this garage Nthia will allow the advocacy to remain independent and justice will be fair.