What Mistakes in the QDCB (Qualification and Disciplinary Commission of the Bar) decision will help the attorney to avoid disciplinary action?

The lack of certain data in the text of the decision of the Qualification and Disciplinary Commission of the regional bar on bringing a lawyer to disciplinary actions for committing a disciplinary offences and disciplinary action against him leads to the cancellation of this decision by the Higher Qualification and Disciplinary Commission of the Bar.

“Law and Business” reports that : ”The procedure for applying qualification and disciplinary practices was discussed during a round table by representatives of the Supreme Qualification and Disciplinary Commission of the Bar and of the Qualification and Disciplinary Commissions of the Bar of Kherson and Nikolaev Regions, which was held in the  Zaliznyj Port ( Kherson Region) on September 6 .

According to the Supreme Qualification and Disciplinary Commission of the Bar, the chairman of the SQDCB, Sergey Vilkov recalled that the Bar and Legal Profession Act sets the requirement for a reasoned decision in a disciplinary case. When determining the type of disciplinary sanction, the circumstances of the misconduct, its consequences, the identity of the lawyer and other circumstances have to be taken into account.

Taking into account the practice of handling complaints in the Supreme Commission, he noted that the decision of the SQDCB should contain the following data:

-a description of the specific actions of the lawyer which are qualified as a disciplinary offense.

-time(specific date) of committing a disciplinary offenses. It allows to ensure the adherence to the period of bringing to the disciplinary action. In case of Impossibility to determine a specific date, this fact should be properly justified;

-specific articles of the relevant law and the Rules of Legal Ethics, according to which the actions of a lawyer are qualified as a disciplinary offense;

-references to specific grounds for disciplinary action. Thus, when it comes to termination of the right to practice as a lawyer, the decision must contain  properly justified  features which are provided  by paragraphs. 1 – 3 h. 2 tbsp. 31 of the Law.

In addition to the head of the Supreme Qualification and Disciplinary Commission of the Bar, the speakers at the event were Deputy Chairman Andriy Misiats, members of the commission Asya Tarasova and Tatiana Podolna, as well as Viktor Vovnyuk – the head of the SQDCB registry.

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