THE LAWYER

The word “ advocacy ” origins from the Latin words “ advocare ”, “ advocatus” which mean “to call upon”, “invited”. In ancient Rome the term “advocate” denoted the plaintiff`s relatives and friends who accompanied him to the court, gave him advice and supported him. Later the term was used to name the persons assisting a plaintiff to prepare documents and to plead a case.

A lawyer is a general term to denote a person trained and licensed to prepare, manage, and either prosecute or defend a court action as an agent for another.

The lawyers’ activity in Ukraine is provided for by the Law on Advocacy (Bar).

Lawyers of Ukraine perform various functions. A lawyer may act as a defence counsel during pre-trial investigation and in court, representing interests of the plaintiffand the defendant in civil and criminal cases. In a civil case, the lawyers can work for the parties involved in the suit, representing either the plaintiff (the party bringing the suit) or the defendant (the party being sued). They take an active part in legal proceedings on housing, labour, property and other disputes, representing interests of their clients. At the request of the clients they draw up applications, complaints and other legal documents.

The lawyer has duties at various stages in the criminal process. The lawyer`s first and foremost duty in the proceedings is to facilitate the protection of the rights and freedoms of the accused. This includes informing the client of the rights guaranteed by law and determining what procedural steps should be taken to ensure those rights.

The lawyer investigates the circumstances of the case by securing information held by the prosecutor or police and interviewing witnesses. On completing an investigation, the defence lawyer advises the accused about all aspects of the case. During the trial, the lawyer and the prosecutor perform essentially the same duties: presentationof evidence and examination of witnesses. At the end of the court hearing he pronounces his speech for the defence. While discharging numerous and complicated duties, lawyers fulfill roles of an advocate and a spokesperson of an accused. An accused is presumed innocent until his guilt is proven in a court. Even if an accused admits guilt, the person is still entitled to the full protection of the law, that is, representation of a lawyer. The lawyer provides legal assistance to citizens or legal persons explaining the risks and benefits of alternative courses of action.

Lawyers cannot work in court, Prosecutor’s Office, notary bodies, Ministry of the Interior and Security Service of Ukraine.

Lawyers may work individually, open law offices, join into associations and firms. The voluntary professional association of lawyers in Ukraine is the Ukrainian Bar Association.

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