The Scope of the Advocate's Activity
The judicial protection of human rights begins with the institution of the advocate. Article 2 of the Law on Advocates describes advocacy: it includes giving legal advice to a person who has applied for assistance; representing the client in constitutional, criminal, civil or administrative matters before courts, arbitration, and bodies of detention and investigation; preparing legal documents addressed to third persons and submitting any documentation in the client's name; and rendering legal assistance not connected with representation. This list covers every format of human rights protection — from consultation to court litigation.
When studying the protection of rights, the advocate's capacities are decisive. Article 4 entitles the advocate to represent and defend the client, their rights and freedoms before constitutional, supreme and common courts, arbitration and investigation bodies, and before other persons; to request and receive documents, certificates and other factual data necessary for the activity; and to meet, without hindrance, at any time and without control, a person in detention or imprisonment and to correspond with them. The activity of an advocate may be restricted only by law — this guarantee is the foundation of independent defence.
The Means of Protecting the Client's Interests
Article 6 regulates the formula of protection: the advocate is entitled to use every means not prohibited by legislation or by the norms of professional ethics to protect the client's interests. At the same time, the advocate is obliged to provide the client in due time with all information and to explain every possible financial obligation connected with the conduct of the case. In human rights disputes both directions matter: the completeness of active defence and transparent communication with the client.
How a Human Rights Case Proceeds
A rights dispute consists of several stages: legal analysis — which right was violated and in which format; the choice of remedies — court, arbitration or investigation bodies; preparation of documents — a claim, complaint or application; and representation — at every hearing and procedure. The list of the advocate's rights unites precisely these stages in a single legal frame and gives the client a full picture of the process.
The Advocate's Guarantees in the Process
In a rights dispute, the advocate's guarantees grow into the client's guarantees. The right to request documents and certificates means that the defence rests on evidence, not arguments alone; the meeting and correspondence with a detained person without control means that the person's position forms freely, without pressure. The rule that an advocate's activity may be restricted only by law gives these guarantees a systemic foundation: no agency or person may hinder an advocate in what the law permits. The client thus receives not only professional knowledge but the full package of procedural instruments protected by law.
Human rights disputes are of two types: a constitutional dispute, where the conformity of a norm or decision with fundamental rights is examined, and an ordinary court dispute, where a specific right is violated — work, property, honour or liberty. In both, the advocate's role is the same: precise identification of the right, factual fixation of the violation and the choice of the proper procedural form.
Preparing for the Dispute and Managing the Process
Successful defence begins with preparation on both sides. From the client, a chronology of facts is needed — what happened, when, and which document confirms it; from the advocate, legal qualification and strategy — which right was violated, which court or body has competence over the matter, and what each piece of evidence proves. Then comes the documentary phase — preparing the claim, complaint or application in the form the particular instance requires — and finally representation: attending hearings, presenting the position, interim measures and monitoring the enforcement of the decision. At every stage the client must have complete information and a transparent picture of costs — a requirement established by law and a norm of good practice alike.
In human rights protection, timing also matters: appeal deadlines, the availability of evidence and the timeliness of interim measures often predetermine the outcome. Applying at an early stage of the dispute, while the documentary trail is still complete, is therefore always preferable to a late filing.
Frequently Asked Questions
Where may an advocate represent a client?
Before constitutional, supreme and common courts, arbitration, and bodies of detention and investigation — in criminal, civil and administrative matters.
How does an advocate meet a detained person?
Without hindrance, at any time and without control, under the procedure established by criminal procedure legislation; correspondence included.
May an advocate's activity be restricted?
Only by law — restriction by any other means is impermissible.
What does an advocate owe the client?
Timely provision of all information and an explanation of every possible financial obligation.
By what means does an advocate defend interests?
By every means not prohibited by legislation or the norms of professional ethics.
How We Help on Legal.ge
The advocates of Legal.ge protect human rights in every format: consultation, preparation of claims and complaints, representation before courts and investigation bodies, meetings with detained persons and a coherent strategy at every stage. Contact us on Legal.ge — we will help ensure that the protection of your rights is complete and dignified.