The Advocate's Role at the Appellate Stage
Hearing a case in a second-instance court demands particular precision: the appellate court assesses, first of all, the admissibility of the complaint and the quality of the argumentation, and a procedural mistake at this stage is often irreversible. That is why most parties turn to a qualified representative — an advocate — for the appeal instance. The Georgian Law on Advocacy defines what rights an advocate has, on what basis the activity is carried out, and what guarantees protect the advocate's independence — and all three components determine the quality of representation before the court of appeals.
Below we describe what advocacy covers, what rights an advocate enjoys in court, how authority is formalised, and what duties the advocate owes the client.
What Advocacy Covers
Under Article 2 of the Law on Advocacy, advocacy covers the giving of legal advice by an advocate to the person who approached him or her for assistance — the client. The same norm extends the advocate's mandate to representing the client in a constitutional dispute and in criminal, civil or administrative cases — before courts, in arbitration, and before detention and investigation bodies. In addition, the advocate prepares legal documents addressed to third persons, submits documentation in the client's name, and provides legal assistance not connected with representation before third persons. In the appellate context this means that the advocate's service is not confined to appearing at a hearing: it includes preparing the appellate complaint, submitting documentation and advising at every stage of the process.
The Advocate's Rights
Article 4 of the Law sets out the catalogue of the advocate's rights that underpin court representation:
- to represent and defend the client, the client's rights and freedoms before the constitutional, supreme and common courts, in arbitration and before investigation bodies;
- for the purpose of protecting the client's interests, to request and receive, as established by legislation, the documents, certificates and other factual data needed for the practice of advocacy;
- to meet a detained, arrested or otherwise restricted person face to face, without obstacle, at any time and without control, and to correspond with such a person;
- to enjoy other rights provided for by procedural legislation.
The same article establishes that the advocate's activity may be restricted only by law — neither a court nor any other body may restrict the advocate's actions in the appellate process beyond the limits set by statute.
The Basis of Representation — Contract, Power of Attorney, Order
Under Article 19 of the Law, the advocate carries on advocacy on the basis of a contract — the contract defines the scope of the service and the actions the client entrusts to the advocate. When the case is examined by a court or in investigation bodies, the advocate must present, together with the practising certificate, the document issued by the client — a power of attorney or an order. The Law also contemplates the case where a non-commercial legal entity implements, for its statutory purposes, a grant-funded or state programme of free legal assistance — it may then issue an order to the advocate on the basis of a contract. The form of the advocate's order is developed and approved by the Executive Board of the Georgian Bar Association.
Duties to the Client and Guarantees of Independence
Under Article 6 of the Law, the advocate is entitled to use, in defence of the client's interests, every means that is not prohibited by legislation or by the norms of professional ethics. At the same time, the advocate must timely provide the client with all information and explain every possible financial obligation connected with the conduct of the case.
The guarantees of independence are defined in Article 38 of the Law: the advocate carries on advocacy independently; unlawful interference in the advocate's activity, obstruction of it, improper influence on the advocate, intimidation, harassment, coercion, persecution, pressure, infliction of moral or material damage, violence or the threat of violence, and any other act that may violate the advocate's independence are inadmissible. Advocates are equal before the law. An advocate may not be questioned as a witness in a case in which he or she participated as an advocate, and bears no liability for a statement presented to a court or administrative body in the client's interests. Any information received from the client is confidential; the overhearing and recording of conversations between advocate and client is inadmissible, and their correspondence is inviolable.
Frequently Asked Questions
Below we answer the questions most frequently asked on this topic.
Which document confirms an advocate's authority in court?
When a case is examined in court, the advocate presents the certificate confirming the right to practise and the document issued by the client — a power of attorney or an order. The activity itself rests on a contract.
May an advocate request documents and data on the client's case?
Yes. To protect the client's interests the advocate may, in the manner established by legislation, request and receive the documents, certificates and other factual data necessary for the practice of advocacy.
Is information received from the client confidential?
Yes. Any such information is confidential. Overhearing and recording conversations between advocate and client is inadmissible, and their correspondence is inviolable.
Can an advocate be held liable for statements made to a court?
No. An advocate bears no liability for a statement presented to a court or administrative body flowing from the client's interests.
How We Help on Legal.ge
Legal.ge unites qualified advocates offering clients the full spectrum of representation before the court of appeals: from drafting the appellate complaint to acting at the hearing. Submit a request on the site, describe your case and receive legal advice on which type of representation will be most effective. Our advocates will defend your interests by every means provided by law and ensure strict observance of procedural deadlines.