The criminal law provides for liability for violation of the established guarantees and professional secrecy. In addition to the verbally-provided information, the transmission of written documents to the lawyer will create additional guarantees of their security against encroachments of outsiders, and sometimes law enforcement agencies.
Lawyers’ secrecy is one of the types of professional secrets, it is both a legal and a moral and ethical category. For a competent lawyer, it is the basis of his successful professional activity related to the protection of the rights and legitimate interests of individuals and legal entities. It is a prerequisite for a trusting relationship between him and his client, a guarantee of proper protection and representation of the client’s interests. The psychological atmosphere between lawyer and client influences further relationships, the effectiveness of which depends largely on the client’s trust.
Every citizen, speaking to the competent lawyers of our company in Kiev, can count on the fact that the information given by him will not be disclosed under any circumstances. Maintaining the secrecy of human communication with the defender is one of the fundamental inalienable human rights. This is something the customer can be sure of, despite all circumstances.
The eminent Russian lawyer A.F. Koni expressed very subtly and vividly the essence of the relationship between the lawyer and the citizen, who appealed to him for help: “A close bond of trust is established between the defender and those who are anxious and angry about the accusation, which threatened him badly, hoping for help. and sincerity. The defender is open to the secrets of the soul, seeking to explain his guilt, or to explain his fall and his shame, which is hidden from others, by such details of personal life and family life, for which blind Themis must be deaf. ” This quotation, of course, more closely reflects in its essence the role of the lawyer as a defender in criminal law, but the lawyer’s secrecy covers all areas of the lawyer’s activity, including the simple representation of the client.
If you read the letter of the law, in accordance with Article 22 of the Law of Ukraine “On Advocacy and Advocacy”, the lawyer’s secret is any information that became known to the lawyer about the client, as well as issues that the client addressed to the lawyer, the content of advice, advice , explanations, compiled documents, information stored on electronic media, and other documents and information obtained during the practice of advocacy.
In addition, according to Article 23, paragraph 2, part 1 of the Law, the professional rights, honor and dignity of a lawyer are guaranteed and protected by the Constitution of Ukraine, this Law and other laws, in particular: it is forbidden to require a lawyer, his assistant, a trainee, a person who is in employment relations with a lawyer, a law firm, a law association, as well as from a person in respect of whom the right to practice law is terminated or disclose, providing information that is a lawyer’s secret. These persons may not be questioned on these issues unless the person who has entrusted the relevant information has relieved these persons of the obligation to keep secret in the manner provided by the Law.
So what can be considered a legal secret by a lawyer? According to the lawyers it can be:
The range of information covered by the concept of “lawyer secrecy” contains not only facts reported by the client, but also information that the client does not want to be the subject of litigation for some reason, although they may strengthen his position (for example, the client does not want to discuss his relationships with someone). One or the other, credibly communicated to the lawyer, can be presented not only to the court, but to any other third party.
A qualified lawyer is required to provide conditions that prevent third parties from accessing confidential information or disclosing it. Conditions are, as a rule, the office of a lawyer under the protection of the state security structure, a safe with a high class protection, video surveillance. If necessary, the lawyer can also contact the bank for storage of documents, which is a strengthening of the guarantees of restricting access of third parties to them. In this case, the bank non-disclosure takes effect.
Disclosure of information constituting confidential information is prohibited in all circumstances, including unlawful attempts by the authorities of inquiry, investigation and the court to question the lawyer about the circumstances constituting the lawyer’s secrecy.
Lawyer secrecy arises regardless of the source of the information obtained. Their lawyer may obtain them in the course of the case, information may come from persons who are not involved in the case, but for some reason, sought advice on a question of legal dispute. The data may come from the principal during the conduct of his lawyer. Finally, written sources obtained at the request of a lawyer may be a source of information about the circumstances of the case. By the way, the request of a lawyer is an effective and fast way of gathering the necessary information in the case.
Any information or documents of a client who uses the services of a lawyer are subject to the status of non-disclosure, and therefore important confidential and commercial information is protected by unauthorized persons. In the Ukrainian realities of doing business, the service of legal documents storage becomes more and more demanded.
Yes, the most common problems for entrepreneurs are:
If the initial moment of secrecy arises from the fact that it is addressed to a lawyer, then the duty of the lawyer to keep the lawyer’s secret is not terminated by any decision in the case. For a lawyer, the privacy principle is not time-limited. The lawyer is obliged to keep confidential not only during the conduct of the case, but also has no right to disclose the content of his conversations with the client even after the case is considered.
Working with a lawyer is always beneficial for the client. After all, by becoming a client of a lawyer, the client has the opportunity to protect his or her violated rights, as well as to protect information about certain circumstances of his life. The lawyer must first and foremost respect the client’s right to confidentiality and, secondly, fulfill his or her legal assistance responsibilities.
In our opinion, one of the most effective ways to protect your business and business records is to file documentation with a lawyer.
Information and documents can be stored both by the client and by the lawyer. The second option is advantageous for the client due to the fact that the premises where the lawyer works are covered by the guarantee of inviolability.
In particular, according to paragraph 4 of Part 1 of Article 23 of the Law of Ukraine “On Advocacy and Advocacy” it is forbidden to inspect, divulge, demand or remove documents related to the practice of advocacy. In addition, part 2 of this article specifies the special requirements for the search or inspection of housing, other possession of a lawyer, premises where he is practicing law. In particular, where such actions are necessary, as well as for temporary access to the lawyer’s belongings and documents, the investigating judge shall, in his or her decision, specify without delay the list of things, documents that are to be found, identified or removed during the investigation or application of the measure of ensuring criminal proceedings, and also takes into account the requirements of paragraphs 2-4 of part 1 of Article 23 of the Law.
The search of the lawyer’s premises may be carried out only with the permission of the court, and only on the basis of a court decision made at the request of the Attorney General, his deputies, or the prosecutor of the region. It is also mandatory to have a representative of the Bar Council of the region, who during these actions has the right to ask questions, to comment and to object to the procedural steps outlined in the minutes.
Given the requirements of the legislation outlined above, even with authorized access to a lawyer’s premises or premises, it will be time consuming to invite a lawyer’s representative and his / her arrival at the scene. This will allow you to find out the reasons for removing the documents and to give a legal assessment of the legality of the actions. Given that there are certain restrictions on access to a lawyer’s secrecy, the client will have time to make a decision to protect his or her interests in an unfavorable situation.
In particular, the Committee of Advocates of the Kyiv region has established and successfully operates the Committee for the Protection of the Professional Rights of Lawyers and the Implementation of Guarantees of Advocate Activities to resolve such issues promptly. Violations of the guarantees of advocacy entail disciplinary and criminal liability, namely Art. Art. 162, 364, 365, 367, 397, 398, 399 of the Criminal Code of Ukraine.
By submitting your documents and information to a qualified lawyer in Kyiv, you are guaranteed non-disclosure of this information. Because it is automatically covered by the status of a lawyer’s secret. Our company has everything you need to keep your documents secure. The service of a document retention lawyer provides for the preparation of the relevant Agreement and the Document Acceptance and Transmission Act, which describes in detail all documents submitted to the lawyer for legal assistance or actual storage.
Our attorneys in Kiev can offer you additional services in translating the documentation into electronic-digital format and give you access to such electronic copies of documents. This will allow you to work fully without feeling the discomfort of missing the right information.