Ukraine: Lawyer ? client. Why law prohibiting identification is protection of justice, not attack on freedom of speech

The Ukrainian debate on “identifying lawyers with their clients” often boils down to emotional arguments. Some talk about a “threat to freedom of speech,” while others talk about real attacks and pressure on defense lawyers. This article breaks it all down: it explains what the new law actually entails; why it does not infringe on journalism; how it complies with European standards (in particular, the new Council of Europe Convention on the Protection of the Legal Profession); and why, in the end, citizens, the state, and honest media will benefit.

A problem that has been known for a long time, but for which there were no tools

For years, Ukrainian lawyers have been targeted simply because they are doing their job: defending unpopular suspects, taking on politically sensitive cases, and demanding that investigators comply with procedural rules. Public campaigns against lawyers — labeling them as “defenders of traitors/murderers/corrupt officials” — fueled waves of threats, attempts to disrupt court hearings, physical attacks, and reputational narratives of “guilty because he defends the guilty.”

This is not theory: according to the official report of the UNBA (Ukrainian and English versions), the number of documented cases of identification has been increasing every year: 13 in 2022, 21 in 2023, 28 in 2024, and already 32 in the first half of 2025 alone. The authors of the report emphasize that this is only the tip of the iceberg, as not all incidents are included in the statistics.

The consequence is obvious: when a defense attorney is intimidated, a person’s right to a fair trial suffers. A lawyer is neither a “friend” nor an ‘enemy’ of the client; he is the guarantor of the procedure. His professional duty is to ensure that the case is heard in court, not on a Telegram channel; that the evidence is proper, not “emotionally convincing”; that the presumption of innocence works for everyone. By undermining the independence and safety of lawyers, we undermine justice.

What exactly has been adopted in Ukraine: briefly, accurately, without myths

On July 16–17, 2025, the Verkhovna Rada approved a law amending the Code of Administrative Offenses and the Criminal Code to provide real protection for the professional guarantees of lawyers. The new article of the Code of Administrative Offenses establishes administrative liability for publicly identifying a lawyer with a client. The definition of “identification” in the law is clear: any identification (association, linking) of a lawyer with the activities or actions of a client that creates a biased attitude towards the lawyer, indicates his or her “personal involvement,” affects his or her independent status, and/or exerts negative pressure during the performance of his or her activities. Cases will be heard by district/city courts; protocols will be drawn up by the heads of regional bar councils or authorized members. The penalty is a fine within the limits specified by the Code of Administrative Offenses (with an increase in case of recurrence).

Ukraine: Lawyer ? client. Why law prohibiting identification is protection of justice, not attack on freedom of speech