Draft Law of Ukraine “On Amendments to Article 26 of the Law of Ukraine ‘On Free Legal Aid’ Regarding the Duties of an Attorney” dated March 18, 2025 No. 13117 was submitted for consideration by the Verkhovna Rada of Ukraine by People’s Deputy of Ukraine Oleksandr Mykolayovych Yurchenko.

Positive aspects:

1. Increased client awareness—a person receiving free legal aid will be able to learn in a timely manner about the termination of cooperation with a lawyer and, if necessary, seek a new defense attorney.

2. Ensuring transparency in the relationship—a lawyer will not be able to terminate the retainer without the client’s knowledge, which reduces the risk of misunderstandings and sudden loss of legal assistance.

          Problematic aspects:

1. Lack of accountability for non-compliance—the bill does not provide for sanctions against attorneys who violate this obligation. This could lead to its being ignored in practice.

2. Formality of notification—the bill does not specify how such notification should be carried out. The absence of clear mechanisms may create room for abuse or merely formal compliance (for example, sending a notification without confirmation of receipt).

3. Additional Burden on Attorneys – The notification requirement could become yet another bureaucratic barrier in the free secondary legal aid process, especially if the client fails to respond or ignores the attorney’s notification.

         Overall, the bill has the potential to improve the free secondary legal aid system. It is important that the proposed amendment has a logical rationale and contributes to protecting the rights of individuals who receive free secondary legal aid. It would be advisable to supplement the bill with provisions specifying the exact procedure for informing the client and the consequences for the attorney in the event of noncompliance with this requirement.

 




Author: Kateryna Varnaliy, attorney at Barristers, LLC; member of the Committee on Criminal Law and Procedure of the Odesa Regional Bar Association

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