The identification of a lawyer with their client: key aspects and significance for the legal community. An article for the UNBA Bulletin.

The prohibition on equating a lawyer with their client is a fundamental guarantee of the independence of the legal profession and the right to a defence. The current Law of Ukraine ‘On the Bar and the Practice of Law’ No. 5076-VI of 5 July 2012 has, since its adoption, expressly prohibited equating a lawyer with a client. At the same time, for a long time, the legislation lacked an effective mechanism for holding those responsible for breaches of this provision to account, which led to violations of lawyers’ rights and a disregard for the law on the part of law enforcement agencies and society; this, in turn, had a negative impact both on the psychological well-being and reputation of lawyers and on the effectiveness of their representation and defence of clients.

Law of Ukraine No. 4547-IX1, adopted on 16 July 2025, is intended to remedy this situation; it introduces legal liability for publicly identifying a lawyer with a client. This legislation is intended to amend the Code of Ukraine on Administrative Offences and the Criminal Code of Ukraine, with a view to ensuring effective compliance with the guarantees of legal practice. The Ukrainian National Bar Association has noted that this will create a clear mechanism for responding to instances of pressure, public discrediting and identification with clients, which have undermined the independence of the profession. Consequently, for the first time at the legislative level, specific sanctions will be established for actions which were previously merely condemned by the professional community without any real consequences. Let us examine the innovations provided for by the Act.

Administrative liability: Article 185-16 of the Code of Administrative Offences

A key innovation is the new definition of an administrative offence – Article 185-16 of the Code of Administrative Offences: ‘Breach of the prohibition on identifying a lawyer with a client’. From now on, the public identification by a person of a lawyer with their client, to whom that lawyer is providing professional legal assistance, is to be recognised as an unlawful act for which the offender may be held administratively liable. Moreover, the law expressly states that liability arises even if such actions are committed without the intention of hindering the lawyer’s performance of their professional duties in defending or representing the client. Thus, punishment is possible for the mere fact of the unlawful ‘identification’ of a lawyer with their client, regardless of the intentions of the person at fault.

It is important to note that the presence or absence of intent distinguishes an administrative offence from a potential criminal offence under Article 397 of the Criminal Code (if it is proven that the identification was carried out specifically with the aim of obstructing the lawyer’s activities, the guilty party may face criminal liability for interfering with the lawful activities of the defence counsel).

Penalties are imposed for publicly identifying a lawyer with a client. Under Part 1 of Article 185-16 of the Code of Administrative Offences, members of the public face a fine of between 200 and 300 non-taxable minimum incomes (from 3,400 to 5,100 UAH), whilst public officials face a fine of between 300 and 400 non-taxable minimum incomes (from 5,100 to 6,800 UAH). If, however, a person has already been held administratively liable for the same offence within the past year and has committed it again (Article 185-16(2)), the penalty is significantly harsher – a fine of between 600 and 800 non-taxable minimum incomes (from 10,200 to 13,600 UAH), regardless of whether the person holds the status of a public official. This differentiation in liability is intended to prevent systematic cases of discrediting lawyers.

It is important to note that the legislator has added a footnote to Article 185-16 which clarifies the meaning of the term ‘identification of a lawyer with a client’. Such identification is understood to mean any association (linking) of a lawyer with a client, with their client’s activities or actions, which creates a biased attitude towards the lawyer, suggests the lawyer’s personal involvement in the client’s case, affects the lawyer’s independent status and/or exerts negative pressure whilst the lawyer is practising, and/or breaches the safeguards governing the practice of law, and/or hinders the exercise of a lawyer’s rights as provided for in the Law of Ukraine ‘On the Bar and the Practice of Law’.

Read the full article on the UNBA website via the links below.