Lawyers face sanctions
Government may ban supply of legal services to Russia
Nearly two weeks ago, the UK government banned the export of some professional services to Russia. As a result, Russians can no longer use UK accountancy, management consultancy and public relation providers.
Liz Truss, the foreign secretary, said at the time:
Doing business with Putin’s regime is morally bankrupt and helps fund a war machine that is causing untold suffering across Ukraine. Cutting Russia’s access to British services will put more pressure on the Kremlin and ultimately help ensure Putin fails in Ukraine.
Legal services were excluded from the government’s announcement. But the Law Society, which represents solicitors in England and Wales, has been told there is a strong possibility of the ban being extended to cover legal services in the very near future.
Would that be lawful?
Article 6(1) of the human rights convention begins:
In the determination of his civil rights and obligations or of any criminal charge against him, everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law.
How can Russians have fair hearings before civil courts in the UK if they cannot obtain legal advice?
Article 6(3), which deals with criminal trials, is even more explicit:
Everyone charged with a criminal offence has the following minimum rights:
…
(c) to defend himself in person or through legal assistance of his own choosing…
If Russians can no longer instruct UK lawyers, they will not be able to defend themselves through legal assistance of their own choosing.
There is, of course, a practical problem. As a senior solicitor said in a letter to The Times yesterday, “all the major law firms” have already “withdrawn from Russian-related work”.
That may be so. But it is not so easy for a law firm to sack a client. I suspect that some firms are continuing to complete existing litigation on behalf of Russian interests while others are willing to pick up clients who have been jettisoned by their former lawyers. Client confidentiality means we are unlikely to know the full picture.
And there is an issue of principle here. Michael O’Kane, senior partner at the law firm Peters & Peters, told me that a ban on the export of legal services “would play straight into the hands of Vladimir Putin. He would say that there was no rule of law in the west if Russians were unable to be represented.”
O’Kane added:
In the field of sanctions, there would appear to be compelling reasons for according the same right to persons defending themselves against quasi-penal measures imposed upon them by the state. This argument becomes even more forceful if there is legislative change to allow the confiscation of assets currently frozen as a result of sanctions.
It would be odd indeed, where the current sanctions legislation specifically allows judicial review and the licensing of legal expenses, that providing such legal services would then be prohibited.
That must surely be right.
I agree with your view, Joshua.
It is contrary to English rule of law and justice to deprive anyone of legal representation.
This is not simply an "export of services" or "trading with Russia" issue.
England, and all Western countries supporting Ukraine, must remain on the moral high ground!