Attorney's Request - a written appeal (request) of an attorney to a state authority, local self-government authority, their officials and employees, enterprises, institutions, and organizations regardless of ownership and subordination, public associations for providing information, copies of documents necessary for the attorney to provide legal assistance to the client.
An attorney has the right to make attorney's requests, including obtaining copies of documents, also to individuals (with the consent of such individuals).
The attorney's right to receive information through an attorney's request is regulated by the Laws of Ukraine "On Advocacy and Legal Practice" (hereinafter - the Law) and "On Access to Public Information."
A state authority, local self-government authority, their officials and employees, heads of enterprises, institutions, organizations, public associations to which the attorney's request is sent are obliged to provide the attorney with the relevant information, copies of documents no later than five working days from the date of receiving the request, except for information with restricted access and copies of documents containing information with restricted access.
The provision of information to the attorney and copies of documents obtained during a criminal proceeding is carried out in the order established by criminal procedural law.
If the satisfaction of the attorney's request involves the preparation of copies of documents exceeding ten pages, the attorney must reimburse the actual costs of copying and printing. The amount of such costs cannot exceed the maximum limits of expenses for copying and printing set by the Cabinet of Ministers of Ukraine in accordance with the Law of Ukraine "On Access to Public Information."
According to Article 24 of the Law, a refusal to provide information in response to an attorney's request, untimely or incomplete provision of information, provision of information not corresponding to reality, entails responsibility established by law, except for cases of refusing to provide information with restricted access.
The requirement to send a contract for the provision of legal assistance is illegal, as the attorney-client agreement may contain information that constitutes attorney-client privilege.
Also, according to Article 23 of the Law, any interference and obstacles to the exercise of attorney activity are prohibited, requiring an attorney, their assistant, intern, and other individuals to provide information that constitutes attorney-client privilege.
In other cases, a violation of the right to an attorney's request, an attorney can be guided by:
- Article 397 of the Criminal Code of Ukraine, which establishes liability for obstructing the legitimate activities of a defense attorney or a representative of a person providing legal assistance, or violating the statutory guarantees of their activities and professional privilege.
- Article 212-3 of the Code of Ukraine on Administrative Offenses, which establishes liability in the form of a fine for violating the right to information.
- Article 16 of the Law of Ukraine "On the Principles of Prevention and Counteraction to Corruption," which sets requirements for transparency of information.
