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№2(13)(2013)
Upon the Law of Ukraine "On advocacy and legal profession" adoption, "responsibility to raise professional level" was assigned among the other lawyer’s responsibilities; it was not previously stated in this law, but mentioned in other legal acts. For example, according to art. 10 of Rules of Professional Ethics, lawyer shall, regardless the extent of vast specification, if any, maintain proper level of knowledge in issues in which he has, under current law, to provide legal aid according to investigation or trial assignment, and free as well.
Lawyer must constantly work to improve his knowledge and professional skills, possess sufficient information about changes in current legislation. Lawyer’s duty to follow legal ethics is prescribed by lawyer’s oath in Ukraine.
However, notion of ethical standards primarily means a voluntary compliance. One can not say the same about responsibility to raise professional level, because without training, without system of scores a lawyer can be brought into justice.
So, let’s consider the Order of advanced training, approved by the Decision of the High Qualification Commission of Advocates of 03.09.2010 (as amended from 17.02.2012).
For purpose of advanced training for lawyers a five years period (assessment period) is determined.
System of classification scores is basic for advanced training evaluation for lawyers. A lawyer must obtain at least 60 credit points during the evaluation period (five years). Also it is determined that lawyer must obtain not less than 12 credit points each calendar year during assessment period. At the same time lawyer is obliged to keep record of scoring points and keep certificates or other documents evidencing skills improvement during assessment period. After evaluation period is to end, within one month a lawyer shall provide for Qualifications and Disciplinary Commission of the Advocacy documents proving skills improvement.
I suggest considering activities classified as advanced training for lawyers and scored points, according to the chosen activity.
|
№ |
Activities classified as advanced training for lawyers |
Scored points |
|
1 |
Training under professional programs of advanced training for lawyers in universities of III and IV level of accreditation (including distance learning programs) with corresponding certificate of higher education |
1 hour - 1 point, but no more than 24 points |
|
2 |
Teaching under professional programs of advanced training for lawyers in universities of III and IV level of accreditation (including distance learning programs) |
1 academic hour - 3 points |
|
3 |
Participation in international, national and regional scientific-practical, scientific-methodological conferences, seminars, round tables, workshops, training sessions, etc., which are organized and carried out with participation of the High Qualification Commission of Advocates, qualification and disciplinary commissions of advocates |
1 hour - 1 point |
|
4 |
Participation in international, national and regional scientific-practical, scientific-methodological conferences, seminars, round tables, workshops, training sessions, etc., organized and held by universities, regional, national and international unions and associations of lawyers and other NGOs of lawyers in Ukraine and abroad |
1 hour - 1 point |
|
5 |
A speech, presentation or scientific report on the international, national and regional scientific-practical and scientific-methodological conferences, seminars, round tables, workshops, training sessions, etc., which are organized and held with participation of the High Qualification Commission of Advocates, qualification-disciplinary commissions of advocates, universities, regional, national and international unions and advocacy associations and other NGOs of lawyers in Ukraine and abroad |
5 points |
|
6 |
Education in schools for legal skills and advanced training centers in the Qualification-Disciplinary Advocacy Commission in the Autonomous Republic of Crimea, Kyiv and Sevastopol |
1 hour - 1 point |
|
7 |
Teaching at schools for legal skills and advanced training centers in the Qualification-Disciplinary Advocacy Commission in the Autonomous Republic of Crimea, Kyiv and Sevastopol |
1 academic hour - 3 points |
|
8 |
Publications of scientific or scientific-practical articles in printed and electronic scientific and practical professional publications (newspapers, magazines and other periodicals) in Ukraine and abroad |
1 article - 6 points |
|
9 |
Publication of monographs, textbooks, manuals (including co-authored) |
1 work - 10 points |
|
10 |
Scientific degree of PhD in Law |
45 points |
|
11 |
Degree of Scientific Doctor in Law |
60 points |
|
12 |
Participation in the High Qualification Commission of Advocates, qualification and disciplinary commissions of advocates or their Chamber |
1 year - 8 points |
|
13 |
Participation in working groups for drafting legal regulations |
1 meeting - 1 point, but no more than 8 points per year |
|
14 |
Preparation of draft laws and other regulations, writing opinions on draft laws and other legal regulations, provided they are registered as prescribed |
1 project or conclusion - 8 points |
|
15 |
Postgraduate education in higher educational institution of postgraduate education or subdivisions of higher educational institutions with appropriate level of accreditation in fields of "law", "international law", "law enforcement" or in adjacent (such as business management, marketing, clerical work, negotiation skills, etc.) |
25 points |
|
16 |
Training at professional programs in higher educational institutions of III and IV level of accreditation (including distance learning programs), with obtaining corresponding certificate of higher educational institution, participation in international, national and regional scientific-practical, scientific-methodological conferences, seminars, roundtables, workshops, training sessions, etc., in areas adjacent to advocacy |
1 hour- 1 point, but not more than 5 points per year |
|
17 |
Self study |
1 hour - 1 point, but no more than 2 points per year |
In my opinion, advanced training is designed to obtain new knowledge, strengthen legal skills, teaching lawyers to protect clients’ rights and promote implementation and improvement of legal skills.
However, as indicated in the table of activities that are classified as advanced training for lawyers, it is unclear exactly how "participation in work of the High Qualification Commission of Advocates, qualification and disciplinary commissions of advocates or their Chambers" (for which up to 8 points are granted) will be able to improve lawyer’s skills (I mean practitioner)? What kind of participation in the High Qualification Commission of Advocates, qualification and disciplinary commissions of advocates or their chambers is devoted for lawyer to improve knowledge and skills in profession?
And the most controversial, as for me, is a limit of points per year, which is provided in paragraphs 1, 13, 16, 17, because p. 6 of Procedure for advanced training notes that "lawyers are free to choose the way of improving their skills", and at the same time if a lawyer from a remote region selects self-education, he is scored only 2 points per year. So what is the free choice? And who chooses, if lawyer can only choose from the above and according to certain limitations?
I believe that advanced training should be in every profession, but in ways that are acceptable not with individual lawyers, but with lawyers of Ukraine in general, and advanced training should aim to provide additional knowledge and skills, and not to profit at the expense of lawyers who "need" to pass such training to get necessary points.
We are to wish all lawyers avoiding arithmetic errors in scoring, which recently became one in the list of their professional responsibilities.
Головне
