Lawyers’ Association rejects accusations against Tymoshenko’s lawyer
The Association of Lawyers of Ukraine does not agree with the resolution passed by the Pechersky District Court over supposed violation by bar lawyer Mykola Tytarenko of lawyers’ ethics. A letter has been sent to the Head of the Bar Lawyers’ Qualifying and Disciplinary Commission for the Kyiv Region.
It states that the Association of Lawyers of Ukraine is concerned over the situation around the examination by the Pechersky District Court of Case № 1-657/11, and specifically the issuing of a separate resolution regarding the supposed violation by M. Tytarenko of bar lawyer ethics, the requirements of the Criminal Procedure Code and the Law on the Bar. Full implementation of all such demands, it points out, is possible solely where the lawyer has fully and comprehensively familiarized himself with the file material.
“The difficulty is that he was given too little time to read the material of the case. The time limit which the court gave for this was insufficient, while the application for additional time was rejected by the court. In view of this the law did not have the opportunity to familiarize himself fully and comprehensively with the case material, which in turn made it impossible to provide qualified and high-quality legal assistance. “
The Association is convinced that Mr Tytarenko’s actions fully complied with the Rules of Bar Lawyer Ethics, the Criminal Procedure Code and the Law on the Bar.
“The Association would express its concern that the actions of the court may become a negative precedent with regard to forming a mechanism of pressure on a bar lawyer by the bodies interested in this. This will later inevitably render meaningless the bar lawyer’s independence in his or her activities while irrevocably undermining faith in Ukraine’s Bar as a whole”, the members of the Association write.
They ask the members of the Commission to take all this into account when considering the resolution.
The Pechersky District Court decided that Mykola Tytarenko did not fulfil his obligations properly and effectively refused to provide legal assistance to his client Yulia Tymoshenko.