In a democratic state, freedom of speech is one of the key rights of citizens. At the same time, it cannot violate other fundamental values, in particular, the human right to protection and the independence of the legal profession. In Ukraine, lawyers have long faced the dangerous phenomenon of being identified with their clients. This has led to pressure, reputational damage, and even physical threats. The new Law №12320, adopted in 2025, introduces real liability for such violations.
The prohibition of identifying a lawyer with a client has been enshrined in Ukrainian law since 2012. It reflects international standards, according to which a lawyer is an independent professional and not an accomplice to the actions of the defendant. However, there were no actual mechanisms of protection: criminal cases for interference in the activities of lawyers almost never resulted in convictions, and there was no administrative liability at all.
With the start of full-scale war in 2022, the situation escalated: lawyers began to be subjected to public condemnation, threats on social media, and even persecution because of whom they were defending.
What is New Law №12320?
In 2025, Law №12320 came into force in Ukraine, establishing administrative liability for publicly identifying a lawyer with a client. This decision was a key step toward protecting the legal profession, ensuring the right to defense, and complying with European standards of justice. Now the media, public figures, journalists, and social media users must be aware that words have weight. Any wording that creates the impression that a lawyer is personally involved in the crimes or actions of a client will have legal consequences.
What is it: a new law or amendments to existing acts? On July 16, 2025, the Verkhovna Rada of Ukraine adopted
the Law of Ukraine «On Amendments to the Code of Ukraine on Administrative Offenses and the Criminal Code of Ukraine to Ensure Compliance with Guarantees of Advocacy» (this is the New Law №12320). The law is now awaiting the signature of the President of Ukraine.
The law explicitly prohibits the public identification of a lawyer with a client in any form. This may manifest itself in the media, journalistic materials, social networks, public speeches, and statements by public or professional organizations. The peculiarity of the new rules is that even neutral wording placed in a negative context may constitute a violation. For example, headlines such as «Lawyer for corrupt officials» or «Defender of murderers» create the impression in society that the defender is personally involved in the crimes of his clients and thus put pressure on the profession. Meanwhile, phrases such as “the interests of the accused are represented by lawyer Ivanov” or “the defender has appealed the court’s decision” are safe, as they reflect only professional activity.
Administrative liability for such violations is now real and tangible. Citizens face fines ranging from 1,700 to 3,400 hryvnia, officials from 3,400 to 5,100 hryvnia, and repeat violations within a year can cost from 6,800 to 10,200 hryvnia. This means that even a single careless comment on social media or a public speech can be grounds for prosecution.
What are the consequences?
The consequences of identification are multidimensional. For lawyers, this means reputational damage, psychological pressure, harassment on social media, clients refusing their services, and unwillingness to take on high-profile cases. For clients, it means more difficulty getting legal help, the risk of losing their lawyer during the trial, a violation of the presumption of innocence, and delays in the case. For society, this practice is even more dangerous because it undermines trust in the justice system, polarizes public opinion, and creates the risk of politicizing court cases.
Journalists and the media should remember that the new rules do not restrict freedom of speech, but are only intended to prevent unlawful associations. Before publishing material, it is necessary to check whether only the professional actions of the lawyer are described, whether neutral vocabulary is used, and whether the focus is on the case rather than on the person of the defense attorney. If the text contains hints about the lawyer’s motives, uses emotional epithets, or links the lawyer to the nature of the crime, then such material may be considered dangerous. A simple test helps to avoid mistakes: just replace the word «lawyer» with «doctor» and ‘client’ with «patient». If the result sounds absurd («doctor of terrorists»), then in the case of a lawyer, this wording is unacceptable.
Why can’t a client and a lawyer be characterized together?
The key reason why a lawyer is not equal to a client lies in the fundamental principles of law. First, there is the presumption of innocence, according to which any defendant is considered innocent until proven guilty by a court. Second, a lawyer performs a professional function within the framework of adversarial proceedings, defending the position of the defense, not his own beliefs. Third, the analogy with medicine is obvious: a doctor treats any patient, regardless of their actions, and no one calls him a «doctor of murderers». Similarly, a lawyer should have the right to defend anyone without fear of labels and persecution.
Practical advice for journalists and media
- Use only neutral and accurate wording.
- Criticize the defense strategy, not the lawyer’s personality.
- Distinguish between “defending a right” and “defending a person.”
- Correct: «The lawyer represents the client».
- Incorrect: «the lawyer justifies the criminal»
Introduce internal editorial standards for reviewing texts before publication.- Remember: the ban applies only to identification, not criticism. You can analyze the lawyer’s procedural actions, but not attribute the client’s actions to the lawyer.
Law №12320 was a response to a dangerous trend that had gone unpunished for years and harmed not only the legal profession but also justice itself. Its main goal is to create conditions in which a defense attorney can do their job without pressure and every citizen has a real right to defense. For journalists, the media, and public figures, this means a higher level of responsibility for their words. Every headline, every article, and even every comment on social media can have legal consequences. Therefore, the golden rule today is: lawyers should be written about as professionals who are doing their job, not as accomplices in their clients’ actions. Only in this case will we be able to preserve an independent bar, fair justice, and public trust in the law.
