What Is an Attorney’s Request?

An attorney’s request is a written request submitted by an attorney to state authorities, local self-government bodies, enterprises, institutions, organisations, officials and individuals for the purpose of obtaining information or copies of documents necessary for providing legal assistance to a client. An attorney’s request is provided for by Article 24 of the Law of Ukraine “On the Bar and Practice of Law”.

The attorney’s right to submit such a request is also enshrined in Article 20(1)(1) of the same Law as one of the attorney’s core professional rights.

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What Documents Must Be Attached to an Attorney’s Request?

The addressee has no right to demand any other documents.

• a copy of the certificate granting the right to practise law;

• a warrant/order for legal assistance or a legal services agreement.

 

Who Is Obliged to Respond to an Attorney’s Request?

Attorney’s requests are most commonly used in criminal, tax, civil and mobilisation-related disputes.

• state authorities;

• law enforcement agencies;

• Territorial Recruitment and Social Support Centres;

• tax authorities;

• local self-government bodies;

• municipal enterprises;

• banks, within the limits established by law;

• private legal entities.

 

What Is the Deadline for Responding to an Attorney’s Request?

The general deadline for response is five business days. If the request concerns a large volume of information, the deadline may be extended to 20 business days, provided that the attorney is notified in writing.

 

When Is a Refusal Unlawful?

In many cases, refusals of this kind are contrary to law, including responses such as:

• “this is confidential information”;

• “provide additional documents”;

• “there is no client consent”;

• “we are not obliged to respond”;

• complete failure to respond to the request.

 

What Information May Be Withheld?

Even in such cases, the authority must provide a reasoned written response.

• state secrets;

• certain personal data;

• banking secrecy, subject to a special procedure.

 

Liability for Failure to Provide a Response

An unlawful refusal to provide information in response to an attorney’s request may entail administrative liability for officials. Failure to provide a response, late provision of a response or provision of knowingly false information may result in administrative liability in the form of a fine under Article 212-3 of the Code of Ukraine on Administrative Offences.

 

What Should You Do If the Request Is Ignored?

• file a complaint;

• initiate proceedings to hold the official liable;

• apply to court;

• use the failure to provide information as evidence of a violation of the client’s rights.

 

Typical Mistakes When Preparing an Attorney’s Request

• overly broad wording;

• failure to attach the required documents;

• incorrect identification of the addressee.

 

Why Is an Attorney’s Request an Important Defence Tool?

• obtaining evidence;

• confirming violations of rights;

• forming a position for court proceedings;

• protecting the client against unlawful actions by public authorities.

 

Conclusion

An attorney’s request is a statutory mechanism for obtaining information and evidence. Ignoring such a request or unlawfully refusing to respond may indicate a violation of the client’s rights.