Attorney-Client Privilege in Ukraine: What It Is, How It Protects You and Its Limits

When you consult a lawyer, everything you share stays between you. This is not a matter of personal trust — it is a legal obligation enshrined in Ukrainian law. It is called attorney-client privilege.

What Is Attorney-Client Privilege

Attorney-client privilege is an attorney’s obligation to keep confidential any information received from or about a client in connection with the provision of legal assistance.

This obligation arises from the moment a client first makes contact — even if no engagement agreement was ever signed and the consultation lasted only 15 minutes.

Attorney-client privilege covers any information that became known to the attorney, the attorney’s assistant, trainee, or employees of the attorney, law firm or bar association about the client, as well as the matters on which the client sought legal advice, the content of advice, consultations and explanations provided, documents prepared by the attorney, information provided by the client, and any other information obtained in the course of legal practice.

“Article 22, Law of Ukraine “On the Bar and Legal Practice” No. 5076-VI of 05 July 2012 [1]

In simple terms: an attorney cannot disclose anything to anyone — not to investigators, prosecutors, courts or third parties — about what you told them, what documents you provided or what legal strategy you developed together.

What Does Attorney-Client Privilege Cover

Under Article 22 of Law No. 5076-VI, the subject matter of attorney-client privilege includes:

• any information the attorney learned about the client
• the matters on which the client sought legal advice
• the content of advice, consultations and legal opinions
• documents prepared by the attorney or provided by the client
• any other information obtained in the course of legal practice

The privilege covers not only oral conversations. It also extends to email correspondence, transmitted documents and any case notes. The obligation has no expiry date — it continues after the matter ends and after an attorney ceases to practice law (Art. 22(3) of Law No. 5076-VI).

Who Is Bound by Attorney-Client Privilege

Under Article 22(3) of Law No. 5076-VI, the obligation extends to:

• attorneys
• attorneys’ assistants and trainees
• employees of law firms and bar associations
• persons whose right to practice law has been suspended or terminated

Attorneys and law firms are required to maintain conditions that prevent unauthorised access to privileged information or its disclosure.

How Attorney-Client Privilege Protects Clients in Practice

Protection operates through three specific legal mechanisms:

• Prohibition on Compelling an Attorney to Testify

Under Article 65(2)(2) of the CPC [2], attorneys cannot be questioned as witnesses about information constituting attorney-client privilege. Investigators and prosecutors have no right to compel an attorney to disclose what a client said during a consultation.

• Prohibition on Access to Attorney-Client Correspondence

Under Article 161 of the CPC [3], items to which access is prohibited include correspondence or other forms of information exchange between a defence counsel and their client in connection with legal assistance, as well as any attachments to such correspondence. No party to proceedings can obtain access to attorney-client communications even by court order.

Additionally, a search of an attorney’s premises follows a special procedure requiring mandatory participation of a representative of the Ukrainian National Bar Association (Art. 23 of Law No. 5076-VI; Art. 236 of the CPC [4]).

• Inadmissibility of Evidence Obtained in Violation of Privilege

Under Article 87 of the CPC [5], evidence obtained through material violations of human rights and freedoms is inadmissible. If authorities unlawfully obtained information from an attorney, the court will disregard it as evidence.

What Is Not Covered by Attorney-Client Privilege

Attorney-client privilege is not absolute. It does not extend to:

• publicly known information (facts already in the public domain regardless of the attorney)
• information about a future crime or dangerous act not yet committed
• information in respect of which the client has waived privilege in writing
• information necessary for the attorney’s own defence in disciplinary or other proceedings arising from their legal practice (Art. 22(4) of Law No. 5076-VI)

These exceptions are narrow and strictly defined by law. They do not justify arbitrary disclosure of client information.

Consequences of Breaching Attorney–Client Privilege

• Disciplinary Liability

The National Bar Association of Ukraine and the regional bar councils may initiate disciplinary proceedings against an attorney.

Disciplinary proceedings are initiated by the Disciplinary Chamber of the Qualification and Disciplinary Commission of the Bar.

Article 36 of the Law of Ukraine “On the Bar and Practice of Law” provides that any person who is aware of facts indicating conduct by an attorney that may constitute grounds for disciplinary liability has the right to file an application (complaint) with the Qualification and Disciplinary Commission of the Bar.

Article 39 of the same Law further provides that, following the review of the application (complaint), the inspection report, and the supporting materials, the Disciplinary Chamber of the Qualification and Disciplinary Commission of the Bar decides, by a majority vote of the members present at the meeting, whether to initiate disciplinary proceedings against the attorney or to refuse to do so.

A decision to initiate disciplinary proceedings, specifying the date, time, and place of the hearing, or a decision refusing to initiate such proceedings, must be sent to or personally served on both the attorney and the person who initiated the complaint within three days of its adoption. When a decision to initiate disciplinary proceedings is served on the attorney, it must be accompanied by the inspection report prepared by the member of the Disciplinary Chamber following the review.

A decision to initiate or refuse disciplinary proceedings may be appealed to the Higher Qualification and Disciplinary Commission of the Bar or to a court within thirty days from the date the decision is communicated to the person concerned.

Pursuant to Article 41 of the Law of Ukraine “On the Bar and Practice of Law,” upon completion of disciplinary proceedings, the Disciplinary Chamber of the Qualification and Disciplinary Commission of the Bar adopts either a decision to hold the attorney disciplinarily liable and impose a disciplinary sanction or a decision to close the disciplinary case.

The decision of the Disciplinary Chamber is adopted by a majority vote of its total membership. However, a decision to terminate an attorney’s right to practice law requires a two-thirds majority of the Chamber’s total membership.

• Civil Liability

A client who has suffered harm as a result of a breach of privilege is entitled to seek compensation for damages in court (Articles 22–23 of the Civil Code of Ukraine).

• Criminal Liability

Where a breach of privilege is accompanied by other criminal offences (e.g. acceptance of a bribe), an attorney may face criminal prosecution under the relevant provisions of the Criminal Code of Ukraine.

• Inadmissibility of Evidence

As noted above, evidence obtained in breach of attorney-client privilege is inadmissible under Article 87 of the CPC. This is the most immediate practical safeguard for the client.

Attorney-Client Privilege vs. Notarial Confidentiality

Notarial confidentiality applies only to notarial acts. A notary can be questioned as a witness in criminal proceedings in relation to other matters.

Attorney-client privilege is broader: it covers the entire process of legal assistance — consultations, correspondence, case strategy. An attorney cannot be questioned in any proceedings about information constituting attorney-client privilege (Art. 65(2)(2) of the CPC).

Attorney-Client Privilege at GOLAW

When you submit a request through our website, call us or send a message — you are initiating contact with a lawyer. Attorney-client privilege applies from that moment:

• everything you share remains strictly between you and our team
• we do not disclose information about clients or their matters to third parties
• all GOLAW assistants, associates and staff are bound by the same confidentiality obligation
• your documents are stored in a secure system with restricted access

Confidentiality is not a marketing promise. It is a legal obligation for which every GOLAW attorney is personally accountable.

Legal References

[[1]] Law of Ukraine “On the Bar and Legal Practice” No. 5076-VI of 05.07.2012 (Art. 22 — Attorney-Client Privilege)

[[2]] Criminal Procedure Code of Ukraine No. 4651-VI of 13.04.2012 (Art. 65 — Witnesses)

[[3]] CPC of Ukraine, Article 161 — Items and Documents Prohibited from Access

[[4]] CPC of Ukraine, Article 236 — Execution of Search Warrant

[[5]] CPC of Ukraine, Article 87 — Inadmissibility of Evidence

[[6]] Constitution of Ukraine, Article 59 — Right to Legal Assistance

[[7]] Rules of Legal Ethics (approved by the Congress of Ukrainian Lawyers, 2017 revision)

Conclusion

Attorney-client privilege is one of the foundational principles of the rule of law. It does not exist to conceal wrongdoing — it exists to ensure that every person has a genuine opportunity to receive qualified legal assistance without fear that what they tell their lawyer will be used against them.

When you contact GOLAW, you have a legally guaranteed right to confidentiality. Our attorneys are personally accountable for upholding it.