Legal Services in Ukraine

Legal Services in Ukraine.

Choosing legal counsel Summary of the Research Kyiv, 2010

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About the research ď‚— This summary presents key points of an analysis of the

Ukrainian market of legal services and contains information that may be useful for foreign companies while selecting local legal counsel or advisor

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Disclaimer  The views expressed in this publication are those of

the author(s) and do not necessarily reflect the views of ITF or the funding institutions  ITF welcomes feedback and comments on this document. These can be forwarded to the ITF Expert Committee at expert@inve-trade.eu  Copyright © ITF, 2010. Readers are encouraged to quote and reproduce this material for educational, nonprofit purposes, provided the source is acknowledged

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Overview General tips about Law Firms in Ukraine

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Legal Professionals in Ukraine  Lawyers (graduates of law universities or faculties);  Attorneys (lawyers admitted to the bar);  Notaries (public and private);  Certified agents or practitioners who often have law

degree (patent agents, insolvency practitioners etc.)

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Legal Services Market  The Ukrainian market for lawyers may be divided in

two segments: the corporate and the personal client  The personal client sphere is characterized by either solo

practitioners or small law firms (usually general practice firms, or slightly specialized)  The corporate segment is characterized by large law firms.

Both segments are characterized with high competition

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Legal Services Market ď‚— More than 2000 law firms that are able to render

services to corporate clients ď‚— App. 1500 of them have their offices in Kyiv ď‚— App. 150 of them have facilities and regularly render legal services to foreign companies (some of them are listed in App.1)

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Small and Large Ukrainian Law Firms  Although the legal profession is marked by the growth

   

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of corporate mega-law firms in the world, Ukrainian law firms are relatively small: 50 and more lawyers – largest Ukrainian law firms 20-40 – large Ukrainian law firms 6-18 lawyers – medium sized law firms 5 or less lawyers – small law firms

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Forms of Law Firms ď‚— There is no regulation of the form of incorporation of a

law firm ď‚— A limited liability company is the most popular form (app. 2800 or 69 %), advocacy unions are also popular (app. 650 or 16%) as well as private enterprises (14 %), in contrast to joint stock companies and other forms of incorporation (less than 1 %)

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Law Firms’ Structure  Though Ukrainian law firms are not partnerships in

their traditional sense, it became common practice to name owners of firms or heads of their practices as partners. The average ratio of partners to associates in Ukrainian large and medium law firms is 1:6

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Working languages  Ukrainian law firms providing services to foreign

clients with such languages  Ukrainian – 100%  Russian – 100%  English – 96 %*  German – 12 %  French – 9 %  Italian – 4 %  Spanish – 4 %  Polish – 4 %  Chinese, Hungarian, Czech and other languages – 2 %

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Ethics and Responsibility 

Legal practice in Ukraine has no specific regulation. The Ukrainian Law on Bar does not cover other types of legal practice, it does not regulate activities of law firms and their relations with and responsibility before clients unless they are established as advocacy unions  Instruments of the professional liability insurance have not been developed  Reputation – is the most valuable asset of law firms in Ukraine  Lawyers in Ukraine are tentatively taking the first steps to global ethical regimes through the International Bar Association International Code of Ethics 12

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Fee Arrangements ď‚— Ukrainian law firms are willing to use traditional

billable hour arrangements but also they are displaying significantly increased enthusiasm for and use of alternative fee arrangements in both litigation and transactional matters.

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Fee Arrangements Alternative fees arrangements

Often used to estimate high volume, routine, commodity work where costs are easy to predict.

This type is used in the same cases as flat fees. Sometimes arrangements include safety valves that allow both client and firm to revise the agreement should unforeseen circumstances occur.

Used mostly after the first engagement when a degree of trust has been established and when both parties have a better sense of time and costs involved.

Rarely used by large law firms. Small and medium firms use this type when a client with a valid claim is unable to pay for legal representation in any other way.

Used as an alternative to traditional hourly rates when routine matters do not require a wide range of expertise.

Used in high volume projects.

Fixed or Flat Fees Capped Fees

Retainers Contingency Fees Blended Hourly Rates Discounted Fees Retrospective Based on Value

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How it is used in Ukraine?

Used rarely and only with respect to large projects of old clients

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Overview Ukrainian law firms. Areas of expertise

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Ukrainian law firms. Areas of expertise The information in the list on areas of expertise is provided directly from the firms’ websites.

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Agriculture and Commodities

Astapov Lawyers

Banking Law

Arzinger Asters Grischenko & Partners Gvozdiy & Oberkovych Jurimex Jurvneshservice Lavrynovych & Partners Magisters Salkom Sayenko Kharenko Vasil Kisil & Partners

Capital Markets

Arzinger Astapov Lawyers Magisters Sayenko Kharenko Spenser & Kauffmann

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Ukrainian law firms. Areas of expertise The information in the list on areas of expertise is provided directly from the firms’ websites.

Commercial Law and Contracts

Competition Law

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Astapov Lawyers Cai & Lenard Gramatskiy and Partners Jurimex Jurvneshservice Konnov & Sozanovsky Salkom Spenser & Kauffmann Arzinger Astapov Lawyers Asters Cai & Lenard Gramatskiy and Partners Gvozdiy & Oberkovych ILF Jurimex Jurvneshservice Konnov & Sozanovsky Lavrynovych & Partners Magisters Sayenko Kharenko Salkom Spenser & Kauffmann Vasil Kisil & Partners

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Ukrainian law firms. Areas of expertise The information in the list on areas of expertise is provided directly from the firms’ websites.

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Corporate Law

Arzinger Astapov Lawyers Asters Cai & Lenard Gramatskiy and Partners Grischenko & Partners ILF Jurimex Konnov & Sozanovsky Lavrynovych & Partners Magisters Salkom Sayenko Kharenko Spenser & Kauffmann Vasil Kisil & Partners

Criminal Law

Gramatskiy and Partners

Energy Law

Astapov Lawyers Grischenko & Partners ILF Magisters Vasil Kisil & Partners

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Ukrainian law firms. Areas of expertise The information in the list on areas of expertise is provided directly from the firms’ websites.

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Environmental Protection

Astapov Lawyers

Finance

Arzinger Astapov Lawyers Asters Gvozdiy & Oberkovych ILF Jurimex Jurvneshservice Lavrynovych & Partners Magisters Salkom Sayenko Kharenko Spenser & Kauffmann Vasil Kisil & Partners Volkov Koziakov & Partners

Government Relations

ILF Jurimex Magisters Salkom

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Ukrainian law firms. Areas of expertise The information in the list on areas of expertise is provided directly from the firms’ websites.

Intellectual Property

Arzinger Asters Doubinsky and Osharova Gramatskiy and Partners Grischenko & Partners Gvozdiy & Oberkovych ILF Jurimex Jurvneshservice Konnov & Sozanovsky Magisters Pakharenko & Partners Salkom

Insurance

Gramatskiy and Partners Spenser & Kauffmann Astapov Lawyers Cai & Lenard Grischenko & Partners Jurvneshservice Magisters Salkom Spenser & Kauffmann Vasil Kisil & Partners

International Arbitration

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Ukrainian law firms. Areas of expertise The information in the list on areas of expertise is provided directly from the firms’ websites.

International Trade

Investment

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Asters Cai & Lenard Gramatskiy and Partners Grischenko & Partners Gvozdiy & Oberkovych ILF Jurvneshservice Magisters Vasil Kisil & Partners Volkov Koziakov & Partners Arzinger Astapov Lawyers Cai & Lenard Grischenko & Partners Gramatskiy and Partners Gvozdiy & Oberkovych Salkom Volkov Koziakov & Partners

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Ukrainian law firms. Areas of expertise The information in the list on areas of expertise is provided directly from the firms’ websites.

Labor Law

Litigation

Maritime

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Arzinger Asters Cai & Lenard Grischenko & Partners Gvozdiy & Oberkovych ILF Jurimex Jurvneshservice Salkom Vasil Kisil & Partners Arzinger Astapov Lawyers Asters Grischenko & Partners Gvozdiy & Oberkovych ILF Jurimex Jurvneshservice Konnov & Sozanovsky Lavrynovych & Partners Magisters Salkom Spenser & Kauffmann Vasil Kisil & Partners Astapov Lawyers

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Ukrainian law firms. Areas of expertise The information in the list on areas of expertise is provided directly from the firms’ websites.

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M&A

Arzinger Astapov Lawyers Asters ILF Gvozdiy & Oberkovych Magisters Sayenko Kharenko Vasil Kisil & Partners Spenser & Kauffmann

Media Law

Asters Cai & Lenard Gvozdiy & Oberkovych Jurimex Konnov & Sozanovsky Magisters

Medicine

ILF

Non-Profit Organizations

Jurvneshservice

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Ukrainian law firms. Areas of expertise The information in the list on areas of expertise is provided directly from the firms’ websites.

Oil and Gas PPP

Privatization Real Estate, Construction and Land Law

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Magisters Arzinger Astapov Lawyers ILF Magisters Vasil Kisil & Partners Gramatskiy and Partners Grischenko & Partners Arzinger Astapov Lawyers Asters Gramatskiy and Partners Grischenko & Partners Gvozdiy & Oberkovych ILF Jurimex Jurvneshservice Konnov & Sozanovsky Lavrynovych & Partners Magisters Salkom Sayenko Kharenko Spenser & Kauffmann Vasil Kisil & Partners

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Ukrainian law firms. Areas of expertise The information in the list on areas of expertise is provided directly from the firms’ websites.

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Restructuring and Bankruptcy

Arzinger Gramatskiy and Partners Magisters Salkom Volkov Koziakov & Partners

Securities

Astapov Lawyers Grischenko & Partners ILF Jurimex Salkom Sayenko Kharenko Vasil Kisil & Partners Volkov Koziakov & Partners

Sports Law

Magisters

White Collar Crime

Astapov Lawyers Magisters

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Ukrainian law firms. Areas of expertise The information in the list on areas of expertise is provided directly from the firms’ websites.

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Tax Law

Arzinger Astapov Lawyers Asters Gramatskiy and Partners Grischenko & Partners Gvozdiy & Oberkovych ILF Jurimex Jurvneshservice KM Partners Konnov & Sozanovsky Magisters Salkom Spenser & Kauffmann

Telecommunications

Astapov Lawyers Asters ILF Grischenko & Partners Gvozdiy & Oberkovych Magisters

Transportation

Astapov Lawyers Cai & Lenard

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Global and Local Law Firms Some words about the difference

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Global law firms expansion  Local law firms – 99,99 %, offices of global law firms

– 0,01%  Segment of legal services to multinational corporations: local law firms – 63 %, offices of global law firms – 27 %

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Local vs. International Law Firms  Foreign company chooses local law firm when:  The legal matter is mostly local (litigation, regulatory matter,

incorporation in Ukraine etc.)  The project or legal matter is multijurisdictional, and the company has the ability to manage Ukraine related legal affairs itself

 Foreign company chooses global law firm when:  It is the client of this form in other jurisdictions  It is a transaction that needs to be supported, but not the local

litigation or regulatory issue

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Local vs. International Law Firms  Global law firm selects local law firm on a

subcontractor basis when:  Its client empowered the global law firm to be a manager of the

project in Ukraine  The global law firm finds it is better to use facilities of a local law firm, though the global firm may have its own office in Ukraine

 Local law firm selects global law firm when:  The client asks to support multinational project and the local law

firm does not have cooperation relations with local law firms in jurisdictions involved

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Ukrainian Law Firms Contact Base Firms are listed alphabetically and the order in which they appear has no other significance. The ITF assumes no responsibility or liability for the professional ability or reputation of, or the quality of services provided by, the following persons or firms. Inclusion on this list is in no way an endorsement by the ITF.

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Contacts ALEKSANDROV & PARTNERS ATTORNEYS CO.

http://www.lawyers.com.ua 5Olzhycha St., off 62, Kyiv 04060

ARZINGER

http://www.arzinger.ua • Business Centre ''Eurasia'', 75 Zhylyanska st., 5th Floor, 01032 Kyiv, Ukraine • 6, Generala Chuprynky street, office 1, 79013 Lviv, Ukraine • 33, Zhukovskogo street, office 601, Business Centre "Pokrovsky", 65045, Odesa, Ukraine

ASTAPOV LAWYERS

www.astapovlawyers.com • Muzeyniy prov., 3rd floor, Kyiv, 01001, Ukraine • 54 Uspenska Street, Odessa, 65000, Ukraine • 2/1 Semenovskaya Quay, Building 1, Quarters VII, Office 1, Moscow 105094, Russia

ASTERS

www.asterslaw.com • Leonardo Business Center, 14th floor • 19-21 Bohdana Khmelnytskogo Str. Kyiv, 01030, Ukraine

CAI &LENARD

http://c-n-l.eu Grand Step Business Center, 24D Polevaya St., Kyiv, 03056, Ukraine

DOUBINSKY AND OSHAROVA

www.iplaw.com.ua 37 Zhilyanska Str.,third Floor, Kyiv, 01033, Ukraine

FRISHBERG & PARTNERS LAW COMPANY

http://www.frishberg.com 10 Gorkogo St., off. 8, Kyiv, 01004

GRAMATSKIY AND PARTNERS

http://gramatskiy.com.ua Office 7, 16 Mikhaylivska Str., Kyiv, 01001, Ukraine

GRISCHENKO & PARTNERS

www.gp.ua 37-41 Artema Street, 3rd Floor, Kyiv, Ukraine, 04053 4a Fontanskaya Road Odessa, Ukraine 65039

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Contacts GVOZDIY & OBERKOVYCH

http://golaw.ua 19B Instytutska str., suite 29, 01021, Kyiv, Ukraine

ILF

http://www.inyurpolis.com • 14-A, Skrypnyka str., Kharkiv, 61057, Ukraine • 22, Schovkovychna Str., Kyiv, 01024, Ukraine

JURIMEX

http://www.jurimex.com.ua • 9/2, Velyka Vasilkivska Street, office, 67, Kyiv, Ukraine, 01004 • 22, Novoselskogo st., Odessa, 65029, Ukraine • 26/28, Petrovskogo st., Kharkiv, 61024, Ukraine • 4, Deputatska st., office 3, Shostka, Sumy Region, 41100, Ukraine • 36, Shevchenko Avenue (first floor) , Lviv, 79000, Ukraine

JURVNESHSERVICE

www.jvs.com.ua • 106 Saksaganskogo Str., suite 22, Kiev, 01032, Ukraine • 61 Nikolskaya Str., suite 11, Nikolaev, 54001, Ukraine • 45 Gogol Str., suite 2, Sevastopol, 99007, Ukraine • 15 Stepan Bandera Ave, Ternopol, 4600, Ukraine

KM PARTNERS

http://www.km-partners.com 5Pankivska St., 5-th floor, Kyiv, 01033

KONNOV &SOZANOVSKY

http://www.konnov.com • 23 Shota Rustaveli Street, Suite 3, Kiev, 01019, Ukraine • 338 City Road, London EC1V 2PY, United Kingdom • 4 Rossolimo Street, 5th Floor, Moscow, 119021, Russia • 16, Zenas Kanther Street Karandokis Bldg, 7 Floor Office 25-26, P.O.Box 22571, Nicosia, 58017, Cyprus • 13-a Komarova Street, Suite 204, Chernovtsy, 58017, Ukraine

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Contacts LAVRYNOVYCH & PARTNERS

www.lp.ua • 14/24 Klovsky uzviz, office 101, 01021 Ukraine, Kyiv • 4 Bazarna St., office 7, 65014 Ukraine, Odesa • 4433 West Touyi Av., suite 406, Lincolnwood, Illinois, 60712 USA

MAGISTERS

www.magisters.com • 38 Volodymyrska St. Kyiv, 01034, Ukraine • Presidential Plaza, 62 Kosmonavtov Street, Astana, 010000, Kazakhstan • 88 Wood Street, London EC2V 7RS,United Kingdom • Alexandrov Passage, 117a Independence Avenue, Minsk, 220114, Belarus • Naberezhnaya Tower, Block B, 10 Presnenskaya Embankment, Moscow, 123317, Russia

PAKHARENKO & PARTNERS

www.pakharenko.com Olimpiyskiy Business-Centre, 72, V.Vasylkivska st., Kyiv

SALKOM

http://www.salkom.ua 12, Khreschatyk St., Kyiv 01001 , Ukraine

SAYENKO KHARENKO

www.sk.ua 10 Muzeyny Provulok, Kyiv 01001, Ukraine

SPENSER & KAUFFMANN

http://www.sklaw.com.ua 3, Panfilovtsev str., Kyiv, 01015, Ukraine

UKRINIURKOLEGUIA

http://www.ukrinur.kiev.ua 2-2aZolotovoritska St., Kyiv 01034

VASIL KISIL & PARTNERS

www.vkp.kiev.ua 17/52-A B. Khmelnitskogo St., Kyiv 01030 Ukraine

VOLKOV KOZIAKOV & PARTNERS

http://www.vk-partners.com 29g Yaroslaviv Val Street, Kyiv 01034 Ukraine

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Credentials

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