FREE LAWYERS FROM THE STATE WILL COMPETE WITH PRIVATE LAWYERS

From 01.01.2013, the attorneys entered in the register of lawyers to provide free legal assistance in the framework of the state program of improvement of law enforcement and human rights systems, will begin to provide services for all detainees, as well as other subjects of criminal law. In fact, those lawyers who are in the registers and entered into a contract with the legal aid centres under the Ministry of justice of Ukraine will be at first glance to be in better conditions than all other lawyers.

First, they are guaranteed to be working and secured the guarantees of the state and international funds payments. With the average job you can pay for decent fees, especially in remote areas. Of course the fees are far from desirable and reputable lawyers can engage in this work only viewing it as social work.

Secondly, they will be the first to communicate with the detained and arrested persons on criminal cases and Affairs about administrative offences. This gives them a direct line of communication with all categories of potential clients and expand its brand in the area of operation. Of course, this is true for novice lawyers. We all know that individuals who value their time and freedom turn to trusted lawyers and generously pay for their work, receiving from the latest high impact.

Thirdly, working closely with all divisions of law enforcement bodies and courts, which from now on will depend on the data of the lawyers, as they will not be able to interrogate any detainee without these lawyers.

Frankly, the detainees are in most cases not aware of their rights, or go to the entreaties of the police and begin to testify. Such abuses by employees of operational and investigative units are not rare, and absolutely unpunished by prosecutors and investigating magistrates, covering the lawlessness of militia. Such legal nihilism on the part of law enforcement makes free Association "silent accomplices" of violations of the rights to defense, because these attorneys are many cases in production and can not afford to devote all the time to multiple clients, constantly participating in the appeal of actions of the prosecution.

Fourthly, these lawyers can always be calculated on the assistance of the regional legal aid centres and even the Ministry of justice of Ukraine. This help is of course mostly formal and from the point of view of the law is not entirely legal, because between the lawyers and the Treaty relationship is established and the state has no right to interfere in the process of providing legal assistance.

Fifthly, they will be in a more favorable competitive conditions, since in such a system, customers paid lawyers will be much less. After all, why pay the same lawyer if possible in the absence of official income (we have many) or taken into custody to use the services paid by the state the same private counsel. But there is also a reverse side to the coin. Of course, paying clients will hire a paid and reputable lawyers, besides the fees of the latter will be increased, because most of the lawyers will be busy providing services under contracts with the Centers, making the market less competitive.

Sixthly, these lawyers will have the opportunity to attend events to improve their qualifications, it is absolutely a positive moment in the realities of our profession. This has implications for lawyers who can't afford to be members of authoritative legal communities, such as the Association of advocates of Ukraine or the Ukrainian bar Association. Of course, disruptions in the terms of such competition do not touch the experienced and well-standing on your feet for the attorneys who are their regular customers.

Every person in need of legal assistance, makes his choice and he is responsible for him, he's the only one sieve is who is going to pay his lawyer or the state itself. But as we all know, he who pays the Piper calls the tune.