The Toolkit of Litigation Support
Support of court disputes rests on the activity defined by the Law on Advocacy. Advocacy covers the giving of legal advice to a client; the representation of the client in a constitutional dispute and in criminal, civil or administrative cases — before courts, arbitration, detention and investigation bodies; the preparation of legal documents addressed to third persons and the submission of any documentation in the client's name. Supporting a dispute is precisely a combination of these elements — advisory, representational and documentary work within a single process. The advocate's activity may be restricted only by law — a guarantee that for the client the scope of support is cut neither by contract beyond the law nor freely redrawn. Even legal assistance not connected with representation before third persons is part of advocacy — support thus begins before the court and continues after it.
The Advocate's Rights and Duties
The advocate has the right to represent and defend the client 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 the necessary documents, certificates and factual data; to meet without obstacle with a detained or arrested person and to correspond; and to enjoy other procedural rights. At the same time, the advocate must conscientiously perform professional functions, strictly observe the norms of professional ethics, not infringe the rights of the court and other participants, preserve professional secrecy, perform procedural duties and immediately notify the client of any conflict of interest.
The list of rights carries practical weight: the advocate may meet face to face, without hindrance, at any time and without control, in the manner established by criminal procedure legislation, a detained, arrested or otherwise confined person, and correspond with them; and, to protect the client's interests, demand and receive the documents, certificates and other factual data needed for the activity. The advocate's activity may be restricted only by law, and among the duties are strict observance of professional ethics, non-infringement of the rights of the court and other participants in the proceedings, and compliance with the continuing mandatory legal education programme.
Professional Secrecy
Confidentiality is one of the pillars of dispute support — without it the client's full cooperation is impossible: the advocate must preserve professional secrecy irrespective of elapsed time and must not disclose, without the client's consent, information received from the client in the course of the activity. Disclosure is possible only with the client's consent, where necessary for the client's interests in the course of representation, or for the advocate's defence against an accusation brought. Breach of professional secrecy entails the liability provided by law and the code of ethics.
Conflict of Interest
A further pillar is observance of professional-development rules: the advocate must fulfil the requirements of the continuing mandatory legal education programme approved by the Executive Board of the Georgian Bar Association — a guarantee that the support rests on current knowledge. Under the conflict rule itself, the advocate must not perform acts or establish relationships that conflict with the client's interests: working against the interests of a former client and accepting incompatible engagements are prohibited — it is precisely this rule that secures the loyalty of support throughout the dispute.
To summarize: litigation support works on three pillars. First, the advocate's rights: representation in every instance, the demand for documents and certificates, meetings with detained persons, procedural rights. Second, the duties: conscientious performance, observance of ethics, the integrity of the court's and participants' rights. Third, the guarantees: professional secrecy is not limited in time, and the conflict rules secure loyalty to the client. It is the unity of these three that forms the basis of quality support.
The boundaries of the secrecy regime are precise: the advocate protects professional secrecy regardless of elapsed time; confidential information may be disclosed only with the client's consent, where its use is necessary for the client's interests in the representation or defence process and the client has not prohibited it in advance, or where the advocate needs it to defend against an accusation or in a court dispute over an unpaid fee. Even the client's identity is not disclosed if the client has demanded so in writing in advance.
Frequently Asked Questions
Below we answer the questions most frequently asked on this topic.
What does dispute support cover?
Legal advice, representation in a constitutional, criminal, civil or administrative case — before courts, arbitration and investigation bodies — and the preparation of documents for third persons and the submission of documentation in the client's name.
May the advocate request documents?
Yes — for the protection of the client's interests the advocate may request and receive the documents, certificates and other factual data necessary for the practice, in the manner established by legislation.
How protected is confidentiality?
Professional secrecy is not limited in time; disclosure is possible only with the client's consent, where necessary for the client's interests in the representation, or for the advocate's own defence. Even the client's identity may be concealed where the client has so demanded in advance in writing.
What is barred by conflict rules?
Acting against a former client's interests and accepting incompatible engagements simultaneously.
How We Help on Legal.ge
Dispute support requires a partner equipped with the full toolkit granted by law and bound by ethical rules. The advocates united on Legal.ge offer the full spectrum of litigation support — from advice to representation in every instance. Submit a request on the site, describe your case — and receive qualified assistance at every stage of the dispute, from preparation to the enforcement of the decision.