Legal advice

Lawyer or lawyer: how to find exactly the one who will solve your problem

Photo of Oksana Oksana09.01.2025
0 238 10 minutes read

Ukrainian legislation is often compared to a dense forest – extensive, voluminous and difficult to understand even for experienced specialists. For the average citizen, finding an answer to a legal question on their own sometimes seems almost impossible. In the age of the Internet, when access to information is limitless, it would seem that you can find a solution to any problem in a few clicks. But a legal case is not just a search, but accuracy, understanding and the right approach. From divorce to inheritance, from criminal cases to disputes with government agencies, life presents many legal challenges to people. And this is where it is important to find the right specialist who will help overcome these difficulties. How not to get lost among numerous offers, what to pay attention to when choosing a lawyer and how to avoid disappointment?

Lawyers of the “Repeshko and Partners” Bar Association share recommendations that can be the key to successfully solving your legal issues.

The first thing that comes to people’s minds when they need legal help is to seek advice from acquaintances, relatives or friends. And it really works, but it doesn’t always live up to expectations. After all, the lawyer who will be recommended to you with the best reviews may simply not specialize in your category of cases. For example, if you need help with inheritance matters and a lawyer excels at resolving business disputes, you will unfortunately have to start your search all over again.

If the recommendation hits the mark and you find a specialist who deals with your issue, that’s great! But in order not to rely only on luck or someone else’s experience, let’s figure out how to approach the choice of a lawyer from scratch and find a specialist who will become your indispensable ally in legal matters.

How many times in our life have we heard the phrase – “go to a lawyer!”, but for some reason only lawyers go to court in movies. Is it a lawyer or a lawyer? Who to choose? Let’s start with the fact that a lawyer is a lawyer, a prosecutor, a judge, and a specialist in the Pension Fund. It’s like doctors – all doctors are doctors, but a cardiologist, surgeon or dentist are specialists in a narrow specialization, although they have a general idea of ​​medicine from a professional point of view.

As for the provision of legal services to ordinary citizens, there can really be a choice here – a lawyer or a lawyer?  Both of these persons are specialists in the field of law. But in many respects everything will depend on the problem that needs to be solved, or the question that you want to hear the answer to.

Let’s give a specific example. There is a law firm in the very center of the city (where rent is not cheap). Well, let it exist, if only for one thing. Indignant clients of this firm began to appear in the city, who decided to turn to lawyers for help. The point was that the firm lured clients to itself with free consultations. Well, let’s face it – who doesn’t like to get something for free?! Although lawyers believe that a person does not value the recommendation for which he did not pay money. Moreover, the larger the amount of money paid, the more valuable the consultation for the client. But it is possible that sometimes you can consult free of charge, but those who are quite far from legal practice and conducting cases in court sat at such free consultations in the mentioned firm.

The person was promised “mountains of gold” (even if from a legal point of view the case is completely hopeless) and made to sign a contract according to which money was paid in favor of the company. Regarding the amount of payment, the amounts were different – 15 thousand. UAH, 20 thousand UAH, 40 thousand UAH (and this is still at the pre-war or beginning of the war rates). In the future, if it was not possible to do without a lawyer, the firm hired a lawyer for a specific case under a separate contract. At the same time, if the lawyer looked at the documents, was horrified and said that everything should be done wrong or that you should not do anything – nothing will help. At the same time, the management of the company said – write more papers, pretend to be active. Of course, after that, normal lawyers said – “goodbye!”.

The contract itself, signed by the client, was drawn up in such a way that you will not get the money back, and you will not make any claims – the content provided for considerable fines from the client. There are clients who were even more disappointed – the company took the original real estate documents and demanded five hundred US dollars only for their return. More than one application was written to the district police department based on these specialists. As far as it became known, the office of the mentioned “specialists” is not working at the moment, but they still had time to work fruitfully for their own benefit for several years.

See also  The Ministry of Education and Science of Ukraine has again taken up the task of updating the regulations on the certification of pedagogical workers, justifying this step by the need to improve the mechanisms of teacher evaluation. However, despite the promises to improve the educational process, the innovation raises doubts and concerns among many teachers. The impression is that instead of real support and development of the teaching staff, the new certification may become an additional tool of pressure on teachers. Are teachers ready for the new conditions? Will the new rules really contribute to improving the quality of education, or is this another bureaucratic requirement that focuses on formalities, ignoring the essence of pedagogical work? What's new in the regulation on certification of teachers The Ministry of Education and Science of Ukraine has updated the Regulation on Attestation of Pedagogical Employees (Order of the Ministry of Education and Science of Ukraine from 09.09.2022 No. 805, as amended by the Order from 10.09.2024 No. 1277) in order, according to the officials themselves, to improve the mechanism of teacher evaluation. According to the new order, the following changes were made to the regulation: regulated the issue of awarding pedagogical titles and qualification categories to teachers who do not have higher education; It has been determined that teachers who transfer to other educational institutions to work in the same positions or interrupt their work shall retain their pedagogical titles and qualification categories until the next attestation’. The procedure for the establishment of attestation commissions has been improved and the list of entities that may establish them has been defined. In particular, the possibility of establishing attestation commissions by private educational institutions and/or their founders has been envisaged; The awarding of the pedagogical titles ‘senior teacher’, ‘senior teacher’ and ‘senior educator’ has been regulated. They are awarded to teachers who, based on the results of previous attestation, have been assigned (confirmed) a qualification category not lower than ‘second category specialist’ (or the corresponding tariff category has been established) and whose work experience is more than 3 years; the assignment of such pedagogical titles is standardised: ‘teacher-methodist’, ‘teacher-methodist’, ‘educator-methodist’, ‘teacher-organiser-methodist’, ‘practical psychologist-methodist’, ‘circle leader-methodist’, ‘senior counselor-methodist’. They are assigned to teachers who work in the relevant positions and who, according to the results of previous attestation, have a qualification category not lower than ‘specialist of the highest category’ (or the corresponding tariff category is set), higher education and more than 5 years of work experience; It has been determined that level I attestation commissions may be established in educational institutions and separate structural subdivisions with at least 15 pedagogical staff; The issue of attestation of pedagogical workers who have a workload in several academic subjects has been regulated. In addition, not only taking professional development courses, but also receiving education in an institution of higher, professional pre-university education for the next 5 years will be counted as professional development. Also from now on, in case of teaching several subjects, teachers independently choose the sequence of professional development within the total volume of professional development (150 hours or 30 ECTS credits). Also according to the new order, after the certification sheet on the decision of the commission is issued, the head of the educational institution must issue a corresponding order, which is a document confirming the assignment of a qualification category or pedagogical title to a teacher. According to the Ministry of Education and Science, more detailed requirements for teachers' professional activities have now been established, which allows for an objective assessment of their work. teachers are obliged to take regular professional development courses and participate in professional seminars, which contributes to their professional development. the success of students has become an important indicator of the effectiveness of a teacher's work, encouraging teachers to improve teaching methods. more autonomy has also been granted to local attestation commissions, which allows them to take into account the region of the country. What teachers think about the renewal of attestation In turn, teachers themselves note the growth of bureaucratic procedures and the need to spend more time on preparation for such attestation. Indeed, the updated requirements for teachers are becoming more and more stringent every year. Teachers are forced to fulfil a lot of new criteria, submit a lot of documents and undergo complicated inspection procedures. But are these requirements justified? In most cases, they turn into additional bureaucracy that has nothing to do with improving the quality of teaching. On the contrary, teachers spend more and more time on reports rather than on the real development of their students. Here are a few comments indicative of the general mood of educators. "The problem is that the heads of the MES have no profile pedagogical education and none of them has worked in a regular school. That is, the object of management for them is terra incognito. So what adequate management decisions do you want from them?’, - Ihor Likarchuk, former head of the Ukrainian Centre for Education Quality Assessment, commented on the situation. Victoria Kudinova, teacher, Facebook user: ‘And maybe teachers should test the MES, we will also prepare a programme, and a quest 24/7 arrange, and lastly we will certify...’ Yarema Romaniuk, teacher, Facebook user: "Every year they change something. Apparently, the clerks from the Ministry have to show their ‘vigorous’ activity?" Teacher, Facebook user: "Thank you very much. The peddlers of the director and pedagogical councils recognise the courses or not. And people pay money and pass. This is really done for people!" Larisa Kotlyarenko, Facebook user: ‘The only + that can become and - it is the awarding of the highest category and titles in their own collective.’ However, the most painful remains another thing - despite the new requirements, the attitude to the teacher as a key figure of society has not changed. The teaching profession, which should be one of the most prestigious in the country, is still undervalued. Teachers, who are expected to deliver high results and innovative approaches to their work, continue to receive meagre salaries, often lacking even the basic resources for quality teaching. With conditions like these, it is not surprising that more and more teachers are leaving the profession. Miserable salaries, constant demands, and lack of support from the authorities - all of this makes even the most dedicated teachers consider changing careers. When the state does not value its teachers, it loses not only its personnel but also its future. After all, without competent and motivated teachers, Ukrainian education is sinking into the abyss. The paradox is that the Ministry of Education and Science constantly puts forward new requirements for the certification of teachers, but who protests the very officials who come up with ridiculous reforms? Have any of them worked in a school under real conditions? Do they realise what they demand from a teacher who, apart from the educational process, still has to solve a bunch of social problems of his students and work without proper support? The main question is: to what extent are the new certification rules really necessary? The MES does not offer concrete solutions on how to improve the working conditions of teachers or increase their motivation. Instead, attestation becomes a kind of test that a teacher has to pass every five years. But instead of supporting and developing specialists, certification turns into an additional stress factor. The new criteria do not take into account the real problems of the educational process: the decreasing number of students in classes, insufficient funding for schools, outdated teaching materials. What will happen to education in such conditions in a few years? If the trend with the outflow of teachers continues, Ukrainian schools will simply have no one to teach our children. Ukrainian education is on the threshold of dangerous changes. If the Ministry of Education and Science does not change its attitude to teachers, and the state does not recognise the importance of decent pay and working conditions for teachers, we risk losing a whole generation of quality specialists. After all, when teachers leave, it is not only empty seats in schools. The future of the country is left without support. It is time to recognise that reforms in education should start not with new requirements, but with care for those who work for children every day. Teachers deserve decent salaries, respect and real support, not another bureaucratic burden. Otherwise, attestation, which is supposed to assess professionalism, will turn into another tool of pressure that will get to those who have not yet broken down. How the process of attestation of pedagogical workers has changed Attestation of teaching staff in Ukraine has a long history, which changed in accordance with the social, political and economic conditions of the country. Over time, the process has been transformed, but its main shortcomings have remained unchanged: increasing demands on teachers without appropriate support and incentives. Let's take a look at how attestation was carried out in the past, what has changed now and how it has affected teachers. In Soviet times, attestation of teaching staff in Ukraine was a formal procedure that was aimed at ensuring that teachers met the requirements of the state education system. Attestation was based on clearly defined standards that had little to do with the actual skills and abilities of teachers. Evaluation was done more to maintain the image of the system than to improve the quality of education. The certification process was fully controlled by the state authorities. Teachers had to undergo compulsory certification at certain intervals. Attestation took place once every five years and teachers received qualification categories that affected their salaries and status in the education system. Although a system of professional development existed, it was more nominal. Most teachers took professional development courses only to fulfil formal requirements. After independence, Ukraine retained many features of the Soviet attestation system but tried to introduce certain changes over time. Until the latest changes, the attestation system remained bureaucratic. As before, attestation was carried out every five years. The main purpose was to confirm teachers' qualification categories. Teachers were evaluated by a special attestation commission, which consisted of school administration, trade union representatives and local education authorities. The assessment was based on teacher's work reports, analyses of lessons attended and documents confirming participation in seminars and professional development courses. Attestation was related to the assignment of qualification categories (specialist, specialist of the second, first and highest categories). A teacher's salary depended on the category. The process remained formal and often did not correspond to the real quality of teachers' work. Bureaucratisation and lack of funding prevented the creation of a real motivation system for teachers. Teachers were often required to report and participate in seminars without real changes in the teaching process. In 2023, the Ministry of Education and Science of Ukraine announced new changes to the Regulation on Attestation of Pedagogical Employees. The changes are aimed at improving the quality of education and simplifying the attestation process, but for many teachers they have become an additional burden. The new requirements have added even more burden to the routine work of teachers. Teachers now have to fulfil a greater number of criteria concerning both professional achievements and the use of modern technologies in teaching. An important component of the new system has been the assessment of pupils' progress. This has caused much discussion, as success depends on many factors that the teacher cannot always influence (social status of the family, material and technical support of the school, etc.). Teachers are now required to take regular refresher courses and participate in professional seminars. While this could be a positive aspect, many teachers note that they are forced to take these courses formally, with no real opportunity to put the knowledge into practice. Attestation commissions now have more autonomy, but this has also led to differences in approaches to attestation in different regions. With the increase in the number of criteria for certification, teachers are under more pressure. Many teachers complain that they have to spend more time preparing for certification than actually teaching. The constant pressure to meet new requirements and ensure high student results leads to stress and emotional burnout. Teachers note that the bureaucratic approach to assessing their work creates additional difficulties instead of support. Despite the new requirements, the financial situation for most teachers has not improved. Salaries remain low and additional responsibilities and requirements are not accompanied by appropriate financial incentives. Due to the increasing workload and lack of adequate conditions, many teachers are leaving the profession. This process only exacerbates the shortage of qualified teachers in Ukrainian schools. It is obvious that despite attempts to update the system of certification of teaching staff in Ukraine, most of the changes do not address the main problems, such as low salaries, insufficient support from the state and excessive bureaucratisation. The state should realise that in order to improve the situation it is necessary not only to introduce new criteria, but also to provide real support for teachers, in particular financial support, and to create conditions for their professional development that would meet modern requirements. Attestation of teaching staff abroad Attestation of teaching staff in foreign countries differs significantly from the Ukrainian system and can serve as an example for the introduction of more effective approaches to the assessment of teachers' professional performance. For example, in Finland, which is known for its high-quality education system, teacher certification is practically absent in the usual sense. In Finland, the emphasis is on teacher training and professional autonomy. Teachers receive a high level of academic training while they are still in higher education, as a master's degree is compulsory. However, teachers regularly participate in continuing education and professional development. At the same time, there is no formal appraisal system, but rather student learning outcomes are assessed. In turn, continuous professional development is voluntary and at the same time strongly encouraged by the state. In the US, teacher certification is regulated at the state level, so systems may vary. In general, however, the process involves: Regular reviews and evaluations. Administrators or head teachers observe lessons and evaluate teaching skills and ability to work with students. Professional development. teachers have the opportunity to take professional development courses. Many states require teachers to obtain certificates or licences to prove their knowledge and skills. Evaluation based on student performance. in some states, student performance on standardised tests is an important part of certification. This is controversial because student performance depends on many factors. Canada uses teacher evaluation systems similar to those in the United States, but with certain features. In some provinces, teachers must undergo regular observations and evaluations at different stages of their careers. For example, novice teachers undergo frequent examinations and supervision to test their ability to handle the classroom. Teachers must also undergo periodic professional development courses. As in the US, student results also affect teacher appraisals. In the UK, teacher certification is done through a system known as OFSTED (Office for Standards in Education), the national regulator of educational quality. Appraisal takes place through supervision and inspections, during which lessons are examined. Supervisors can come to lessons unannounced to assess a teacher's professionalism. Great emphasis is placed on pupils' results, progress and level of knowledge. Teachers are required to participate in professional development programmes and this is also taken into account in the appraisal process. Singapore, one of the countries with the most successful education systems, has introduced a comprehensive system of teacher appraisal and professional development. All teachers are required to undergo stages of regular performance evaluation based on the following criteria: performance evaluation - includes lesson observation, teacher self-assessment and student surveys; learning outcomes - student progress plays an important role; professional development - teachers should participate in continuous professional learning programmes, which are also taken into account in the evaluation. As we can see, foreign teacher appraisal systems show that the effectiveness of appraisal often depends on teachers' professional development, autonomy and support system. In many countries, teachers do not experience excessive pressure of bureaucracy, and the process of evaluation of their work is more aimed at helping them develop professional skills rather than punishing them. So, Ukrainian education is on the edge of the abyss, and the next innovations of the Ministry of Education and Science are only bringing it closer to disaster. The new certification requirements have become an additional burden on teachers who are exhausted by bureaucracy, low salaries and lack of real support. Instead of improving the working conditions of teachers, we see a mass exodus of professionals from a system that exhausts them. The question is, who will stand in front of the classroom tomorrow when today's teachers leave the profession? Unless we stop this process and offer real changes - higher salaries, less bureaucracy, support for professional development - Ukrainian education risks being left without those who create it. Famous personalities have long spoken about what a society without education is like, so it would be useful for officials from the MES to listen to them: "Without education, nations quickly turn into obedient slaves ’ - Jean-Jacques Rousseau. "A society that does not invest in education prepares the ground for its own decline ’ - Heinrich Heine. ‘Without education, society is a mob, easier to manipulate than to develop’- William Dubois. "A people deprived of education is like a man without eyes ’ - Konstantin Ushinsky. "Education is the most powerful weapon that can be used to change the world. Without it, the world will remain in the chains of ignorance.’ - Nelson Mandela. "The darkness of ignorance feeds all forms of evil, and lack of education feeds the darkness ’ - Thomas Jefferson. ‘Without education, society lives for today without building a future for itself ’ - John Dewey. "Education is the guardian of liberty. Without it, society will be confined to a framework of blind obedience ‘ - George Washington.

So, a lawyer can act as an employee of a law firm, an individual entrepreneur (FOP), or in general as someone who is popularly called a “reshala”. The latter is basically the same as giving money to the best person in the middle of the street. Such “specialists” have no official registration, no tax payment, and no agreement with the client. It is impossible to prove what you transferred to such a person and for what reason.

Regarding the law firm or FOP. These persons have official registration, pay taxes (well, at least they should), and a written contract is concluded with them. We note right away that not all firms or FOPs are like the one in the given example. There are indeed those who honestly and honestly work for the benefit of the client. The main thing when applying is to find out how long the mentioned subjects have been working (the longer the better), to what extent the office space corresponds to the stated possibilities (an international firm in the basement of a high-rise building on the outskirts of the city gives some thought), to Google reviews on the Internet. The latter has two sides – on the one hand, you can find any information, including negative reviews of dissatisfied customers, on the other hand, no one canceled positive reviews for money or from acquaintances-friends. But the main thing is the category of cases that a lawyer can deal with.

It should be noted that, according to the current legislation, only a lawyer can deal with criminal cases. As for civil cases, for which the majority of citizens apply, lawyers can participate in court only in minor cases.

In the civil process, the following are considered insignificant:

1) cases in which the price of the claim does not exceed thirty amounts of the subsistence minimum for able-bodied persons (for 2025 – UAH 90,840);

2) cases of minor complexity, recognized by the court as insignificant, except for cases that are subject to consideration only according to the rules of general legal proceedings, and cases in which the price of the claim exceeds eighty amounts of the subsistence minimum for able-bodied persons (214,720 UAH);

3) cases concerning the collection of alimony, increase and decrease of its amount, termination of the collection of alimony, payment of additional expenses for the child, indexation of alimony, change of the method of their collection, if such claims are not related to establishing or disputing paternity (maternity);

4) divorce cases;

5) cases on the protection of consumer rights, in which the price of the claim does not exceed sixty amounts of the subsistence minimum for able-bodied persons (161,040 UAH).

Within the framework of administrative proceedings, an appeal against the decision of a subject of power, on the basis of which he can claim the recovery of funds in an amount not exceeding fifteen times the subsistence minimum for able-bodied persons (40,260 hryvnias), will be considered insignificant.

At the same time, disputes regarding the appeal of the decisions, actions and inaction of the subject of authority, if the plaintiff also stated claims for compensation for damage caused by such decisions, actions or inaction, in an amount exceeding sixty (161,040 UAH) of the subsistence minimum for able-bodied persons , will be considered according to the rules of general legal proceedings.

However, they have the right to advise on any legal issue, but the value of advice from a person who does not go to court on this category of cases is questionable. Although not everything is so simple. Sometimes lawyers, in addition to a certificate of the right to practice law, have such firms or sole proprietorships for tax optimization, which is not prohibited by law. The most important thing when working with these entities is to carefully read the contract you are signing. After all, in any cases and troubles that arise, you will have only one lever of influence – to go to court.

A lawyer (who works both individually and as part of a legal association) is a completely different matter.  In contrast to a law firm or a non-profit organization, a lawyer can be an individual who has a full higher legal education, speaks the state language according to the level determined in accordance with Law of Ukraine “On Ensuring the Functioning of the Ukrainian Language as a State”, has at least two years of experience in the field of law, passed a qualifying exam, completed an internship (except for the cases established by this Law), took the oath of a lawyer of Ukraine and received a certificate of the right to practice law.

In addition to the qualification exam that lawyers take to become lawyers, there is a mandatory professional development for them. From January 1, 2025, the number of mandatory hours during which lawyers must improve their professional qualifications has increased. It is 15 hours per year.  If the lawyer stopped his activity for some time, then in the future he will need to undergo a special training course in case of renewal of the right to practice law. Thus, when choosing a lawyer, you have a guarantee that your problem will be dealt with by a really high-class specialist (and not for law firms, and not for FOPs, duties that do not exist before professional development).

See also  The right to protection: how the free legal aid system works in Ukraine

However, it should be noted that lawyers are also different. A qualified specialist does not deal with everything in a row, because it is physically impossible to know everything well. Lawyers usually specialize: some handle only criminal cases, some only civil cases, some never take on tax disputes, some deal with cases from different industries, and some work exclusively with legal entities. However, all lawyers who have a valid certificate of the right to practice law in real time are registered in the Unified Register of Lawyers of Ukraine. The register is freely available at the link –  https://erau.unba.org.ua/. It is from the indicated register that it is possible to find out exactly how many years this or that lawyer has been practicing law, as well as the address of his official workplace and telephone numbers.

Reviews about the lawyer’s activities on the Internet have also not been canceled by anyone, but the same rules apply here that we have already talked about in relation to lawyers.

But still, the value of a lawyer is his responsibility to the client. Unlike a lawyer, a lawyer can be brought to disciplinary responsibility with quite significant consequences. Article 36 of the Law of Ukraine “On Advocacy and Advocacy” provides that anyone who is aware of the facts of such behavior has the right to apply to the qualification and disciplinary commission of the bar with a statement (complaint) about the behavior of a lawyer, which may be grounds for disciplinary liability.

The application (complaint) against the lawyer is addressed to the qualification and disciplinary commission of the bar at the address of the lawyer’s place of work, specified in the Unified Register of Lawyers of Ukraine. An application (complaint) can be submitted both by a single person (individually) and by a group of people (collectively).

If a disciplinary offense is established in the lawyer’s actions, he may be held disciplinary liable and one of the following disciplinary sanctions may be applied to him:

  • warning;
  • suspension of the right to practice law for a period of one month to one year;
  • for attorneys of Ukraine – deprivation of the right to practice as an attorney with subsequent exclusion from the Unified Register of Attorneys of Ukraine;
  • for lawyers of foreign countries – exclusion from the Unified Register of Lawyers of Ukraine.

One more thing – a professional lawyer never gives a 100% guarantee of solving your problem. After all, he knows better than anyone what may or may not happen during your cooperation. In the legal sphere, many things do not depend on the lawyer: whether or not the personal case was kept in the archive, whether the judge made a decision in your favor or not, whether the defendant objected to your lawsuit or fully agreed with it, what exactly was the answer given by BTI and what exactly did the expert write based on the results of the investigation research etc. No lawyer in their right mind would guarantee you these points. And also – you pay the lawyer not for the result (although every lawyer taking on a case dreams of winning it), you pay – for the process, for help. After all, sometimes it happens that the impeccable winning line of defense built by the lawyer is destroyed by one word or action of the client.

Sometimes it is possible to hear that a lawyer is expensive, a lawyer is cheaper. Yes, there is a certain sense in this, but the lawyer pays annual fees for the self-government of the bar, is obliged to spend his own working time on professional development and work selflessly, so as not to receive a complaint from the client about his activities, which can lead to the loss of the certificate. A lawyer, in his turn, as well as a lawyer, pays taxes, and can be sued by a dissatisfied client. But what is it like to sue a lawyer – you understand yourself: where he will go to court himself, you will pay another lawyer.

So, who exactly to choose is up to you. But a qualified lawyer never insists on one or another option, but only talks about the consequences of the choice. The choice itself always depends on the client (because let’s be honest – sometimes clients don’t even tell the lawyer everything they should).

 

Photo of Oksana Oksana09.01.2025
0 238 10 minutes read
Photo of Oksana

Oksana

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