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Oleksandr Lysak, Partner at EQUITY, told the Yurydychna Praktyka Publishing House what is special about cases of politicians for attorneys and how to represent them in court without harming themselves and their company.

“Attorney must always be prepared for any extraordinary situations.”

"The main feature of handling a case of a politician or civil servant is focusing on skills and ability to perform your work in a technical and professional manner even among dozens of cameras pointed at you, since the view of any person from the side, whether it's an attorney, an investigator or a judge, is a direct assessment of the quality of your work, and therefore the defence of a client exercised by you. Therefore, it is important to use facts and legislative provisions, apply your experience and demonstrate confidence in your position and defence tactics, which was developed at an early stage. However, it is precisely in cases on defending political figures or civil servants that an attorney must also always be prepared for any extraordinary situations, whether it is a rally under the court windows, personal accusations or hostile rhetoric – an attorney must do his/her job professionally," Oleksandr Lysak, Partner at EQUITY, said.

"Attorney must take a professional stance".

"It is important to always focus on violations that took place in a situation with your client. It might be crucial for resolution by the European Court of Human Rights. The specific aspect of any public process is no right to make mistakes, since the media can act as a megaphone spreading such mistakes to the public. That is why, when communicating with the media, I personally demonstrate only restraint and diplomacy. Without shouting, without persistently proving my positions. NB: sooner or later you will be forced to establish communication, it does not matter, whether it is the media, investigation bodies or the National Anti-Corruption Bureau of Ukraine (NABU). Even within one case, one should never speak bluntly. Only keeping an opportunity for open and calm communication for as long as possible is a constructive position. At the same time, one should remember that the main task is not to harm a client, and excessive emotional defence counsel is a bad ally. When an attorney is self-confident and sure about his/her legal position, he/she will not need direct outbursts and/or accusations, discrediting. This is what results from a weak position in the process. One should always use the provisions of law, and not to play to the crowd."

"Winning only!"

“I've never been asked by my colleagues: "Why are you defending this client?" The bar community operates under a single principle: client needs help, he/she has chosen you, therefore, entrusted his/her fate to you. Everything that happens next is just a matter of your professional skills and ambitions. I am always interested only in winning and a positive result in the process, because it matters to a client.”

 

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Oleksandr Lysak