The legal form of the association of attorney
Legal experts play a key role in vital activities of the modern society. They are at all times asked for help both by common citizens and by participants of legal entities. This is so because there are lots of issues requiring legal assessment to be solved. That is why we have now so many law companies who help people to cope with their problems.
Interestingly, the applicable laws of Ukraine do not expressly define the notion of a law firm, but, having analyzed a number of documents and the existing practice, we may say that a law firm (company) is a venture whose principal business is the provision of legal services.
The legal form of the law firm (company)
Naturally, a law firm may operate through legal forms prescribed by the law for such business. They are:
- association of attorneys or bureau;
- joint stock companies (corporations);
- limited liability companies;
- private enterprises;
- and many others.
So, what are the differences between law firms incorporated as an association of attorneys (bureau) and other law companies incorporated as LLCs, private enterprises, etc.? We think that this question may be answered after we analyze the notion of a lawyer and an attorney.
Attorney and lawyer: what are the differences?
According to article 1 of Law of Ukraine No. 5076-VI, an attorney is a person who must obligatorily:
- have the full high education in law (jurisprudence);
- have at least 2 years of experience of practicing the law;
- speak fluently the official (Ukrainian) language;
- have passed a special exam;
- have completed necessary traineeship;
- have taken the oath;
- have received a special certificate for attorneys.
No doubts, we should mention that attorneys' activities are expressly regulated by a special law and profoundly monitored by the qualification and disciplinary commission. It is important to know that, for certain disciplinary offences (breach of legal ethics rules; disclosure of information protected by the attorney-client privilege; improper discharge of professional duties), attorneys may be held liable and debarred from engaging in their professional activities (practice of law).
As regards the lawyers, the laws do not so far contain any specific requirements to them. There activities are governed by civil law relationships only. Moreover, Ukrainians may authorize to act for them ordinary lawyers not alone, but persons who have no legal education at all.
Summarizing the above, we may say that both lawyers and attorneys are entitled to provide legal services, but the attorneys are subject to more stringent requirements and control and bear disciplinary liability if their services are not of the proper quality.
Association of attorney - Unlike other law firms and companies
Now we may answer the question: "What is an association of attorney?" Legal Practice Law No. 5076-VI states that an association of attorneys (law firm) is a legal entity incorporated by association of two or more attorneys. In addition, the laws set out a special procedure for registration, reorganization and liquidation of associations of attorneys.
The key difference and significant advantage of associations of attorney is that attorneys are the only who may act as their founders, unlike law companies of any other legal forms (save for associations of attorneys), which may be incorporated by a person having no legal education.
ALVA PRIVACY Law Firm (Association of Attorneys) is a law firm engaged in the provision of legal service of a wide range. Our attorneys have been for many years professionally engaged in civil, labor, family and other law practices, but it is commercial, corporate and so called "business law" our legal firm may be praised for and is specialized in.
We act for our clients in courts, prepare all necessary procedural documents, carry out registration procedures, give proper and detail legal consultations, draft and examine agreements and provide our clients with many other legal and attorney services. ALVA PRIVACY experts provides qualified legal services only having scrutinized each and every detail, specifics of the case and what the client desires.
Truly yours, ALVA PRIVACY team