The legal company "Monarch Business Consulting" provides services in accordance with the legislation on advocacy and legal practice.
Among the large number of lawyers, legal experts, or human rights defenders, only lawyers, law firms, and bar associations have a number of significant advantages in compliance with current legislation in Ukraine. All of this relates to attorney-client privilege and legal guarantees regarding the inviolability and protection of such privilege.
Any client's documents fall under this status, and therefore, all important confidential and commercial information can be securely protected from third parties.
In the context of Ukrainian business operations, the service of document retention by an attorney (attorney document retention) is in high demand.
It is worth noting that working with an attorney is always beneficial for the client. By seeking legal assistance and protection from an attorney, the client gains the opportunity to protect their violated rights and safeguard information about any aspects of their life, whether private, corporate, or public. This is because the Law of Ukraine "On Advocacy and Legal Practice" defines a special regime for protecting such information and classifies it as attorney-client privilege.
According to Article 22 of the Law, attorney-client privilege includes:
- Any information about the client that has become known to the attorney.
- Matters on which the client (a person who has been refused the conclusion of a legal assistance agreement under this Law) applied to the attorney, law firm, or bar association.
- The content of advice, consultations, explanations provided by the attorney.
- Documents drawn up by the attorney, information stored on electronic media.
- Other documents and information received by the attorney in the course of providing legal assistance.
Thus, nearly any information related to the client's activities can be classified as attorney-client privilege. It is important to note that these requirements apply not only to attorneys but also to their assistants and trainees, as well as to individuals in employment relations with the attorney.
Considering that attorney-client privilege applies to information and documents, it is clear that attorneys must constantly work with such information and documents. Consequently, this information and these documents need to be stored in a specific location and format, whether documentary, written, or electronic. Given this, it becomes evident that this information and documents may be stored either at the client's premises or by the attorney themselves.
It's worth mentioning that the second option is the most advantageous and beneficial for the client since attorneys, law firms, or bar associations benefit from guarantees of inviolability for their movable and immovable property. Such property can include automobiles, offices, apartments, and houses, regardless of whether it is owned by attorneys or leased.
As for the legal guarantees of inviolability, according to Article 23 of the Law, the professional rights, honor, and dignity of an attorney are guaranteed and protected by the Constitution of Ukraine, this Law, and other laws. In accordance with paragraph 4 of Part 1 of this Article, conducting searches, disclosure, seizure, or confiscation of documents related to the provision of legal services is prohibited. Moreover, Part 2 of this Article sets special requirements for conducting searches or inspections of the attorney's residence or premises where they practice law. Specifically, if such actions are necessary and for temporary access to the attorney's possessions and documents, an investigating judge or court, in their decision, shall list the items and documents to be searched, discovered, or confiscated during the investigation or application of measures of criminal proceedings. This provision takes into account the requirements of paragraphs 2, 3, and 4 of Part 1 of Article 23 of the Law.
Therefore, such actions may only be conducted with the explicit permission of the court and solely based on a court decision, authorized by the Prosecutor General, their deputies, or a regional prosecutor. Additionally, it is mandatory to have a representative of the regional bar council present during these actions, who is granted the right to ask questions, make comments, and objections regarding the procedure for performing procedural actions listed in the protocol.
Hence, the conduct of business in Ukraine is often accompanied by unforeseen difficulties. Entrepreneurs must always be prepared for various unpredictable circumstances, including:
- Unplanned inspections by regulatory authorities.
- Attempts at corporate raiding of companies and their premises.
- The seizure of information and documents under the guise of operational-search measures or investigative actions.
- Requests from state and regulatory authorities for the provision of confidential information.
Almost every businessman conducting business in Ukraine understands that no one is insured against these moments, and at any time, their documents or valuable information can be seized or destroyed by hostile competitors, motivated individuals, or government structures and authorities.
We believe that the best way to protect your business, as well as corporate documentation, is to seek legal support and legal protection from our company and transfer the necessary documentation for storage to the attorneys of the legal company "Monarch Business Consulting."
Attorneys, law firms, and bar associations are increasingly offering attorney document retention services. Such services can be provided by attorneys either as part of legal outsourcing and client legal support or as a separate type of legal service.
All lawyers, law firms, and bar associations have different approaches to the form of attorney document storage. Some offer clients the option to enter into a separate attorney document storage agreement, while others advise executing a general legal assistance agreement. Both methods are common and legally acceptable in Ukraine.
The crucial aspect in the process of storing documents by attorneys is the proper completion of a transfer-receipt document (hereinafter referred to as the "Receipt"), covering the transfer of documentation, items, valuables, or information.
Therefore, it is advisable to comprehensively describe all documents transferred to an attorney, a law firm, or a bar association in this Receipt. In summary, it should be noted that collaborating with an attorney, a law firm, or an association for the storage of documentation offers significant practical advantages over common safes, personal apartments, or other means of safeguarding valuables.
Among the main advantages are:
- Corporate legal protection against raiding, as unexpected occupation of administrative premises by raiders typically puts vital documents (incorporation and statutory documentation, property rights documents, financial information, corporate documentation such as meeting minutes, registries, etc.) at risk of confiscation and misuse. Retrieving assets in such situations can be challenging. Therefore, it is recommended to store crucial documents in a secure place, protected by a safe or a confidential storage area, where they will be the last place raiders would look.
- Effective legal protection against unscheduled inspections by supervisory authorities. Typically, unscheduled inspections by supervisory authorities occur unexpectedly for those being inspected. It is crucial in such situations to lawfully restrict access to the company's financial and economic documents. Doing so often allows businesses or economic entities to gain valuable time for proper legal protection and prevent the leakage of valuable and confidential information.
- Guaranteed protection of information and provided documents. Entrusting any documents and information to a professional attorney ensures that this information will not be disclosed under any circumstances, as it automatically falls under the status of attorney-client privilege and confidentiality. It's essential to note that when transferring information to a non-attorney lawyer, jurist, or rights defender without the required license or certification for engaging in attorney activity, there are substantial risks of information disclosure or document seizure.
- A document certifying the storage of documents or items by an attorney, a law firm, or an association. As those conducting inspections often do not trust the word of those being inspected, their primary interest is typically in obtaining evidence of document storage or irrefutable facts of official document transfer to protectors. The presence of a legal assistance agreement with an attorney, a firm, or an association, along with the corresponding Receipt of document transfer, is precisely the type of proof that raises no doubts. To ensure you have taken all necessary precautions and that inspectors have no reason to prevent an inspection, it is highly recommended to provide them with a copy of your agreement with an attorney along with the Receipt of document transfer. We guarantee that in this case, any motives and desires for inspection will automatically disappear.
In any case, the decision on whether attorney document storage is necessary for your business in Ukraine is a personal one. It's essential to carefully consider all financial and legal risks and find a qualified specialist who can professionally assist in safeguarding your business. Additionally, please note that our lawyers in Vinnytsia, Kyiv, and Odesa can offer you additional services, such as converting documentation into electronic digital formats for storage, as well as providing uninterrupted and secure cloud access to these electronic document copies. This will allow you to work effectively without the inconvenience of missing necessary information and documents stored on your behalf by our law firm.
Monarch Business Consulting wishes you a well-informed and wise decision. May attorney document storage be your safeguard against any risks to your business or personal life.
