Can Offense of an Advocate Be a Ground for Terminating Agreement With a Client?
Commented by Illya Kostin, partner at Legal Alliance Company for “Law and Business” Journal
It should be found when the agreement was unilaterally terminated by an advocate. It is crucial. If it happened in June 2017, it should be noted that advocacy ethics rules are effective since November 17th, 2012.
In accordance with Article 33 of the rules (previous edition), an advocate may resort to early termination of agreement with a client if the client takes actions damaging to dignity, decency and business reputation of the advocate. However, in case of termination initiated by the advocate, the latter must notify the client thereof within reasonable time, explain reasons for this step, make sure that such reasons cannot be removed and take necessary measures to protect lawful interests of the client. In this case refusal to start
disciplinary proceedings by a regional qualification and disciplinary commission is illegal.
If termination of agreement between advocate and client took place after June 2017, everything will be vice versa in this case.
Article 32 “Unilateral Termination by an Advocate of a Legal Aid Agreement” specifies that an advocate may at any time resort to early termination of an agreement with a client / a person who concluded the agreement for the client’s benefit unilaterally on conditions stipulated by the agreement.
Thus, dates, terms and circumstances should be taken into account.