Interview from the AIRPORT magazine, November 2018
Olexiy Kucher: “Advocate Almighty”
Every person has a right to defence. Olexiy Kucher, the advocate with twelve-year-old experience in the legal field, – accents that he doesn’t adhere to some principles, nevertheless even this statement is the main in his activity. How is it – to work with public people? What is standing behind a reference of a pleased client? Why boldness is one of the most important qualities of the advocate? We talked about this with Olexiy who specializes on the protection of honour, dignity, business reputation cases and with the professional excitement takes the most difficult tasks in this category.
The quantity of advocates in Ukraine impresses. How not to be dwarfed to insignificance and what is the best advertising for you?
“For people in general have eyes and ears, it is true; but not much else, very little judgment indeed, or even memory.” It is not enough to call oneself as the advocate – it is important and necessary to be real professional of one’s business. You can draw many parallels and analogies with any sphere of life, where we deal with a great number of people or items. The advocacy is so too: a good advocate is more an exclusive than a rule.
That is why it is rather easy not to be dwarfed to insignificance. It is simply necessary to have creative thinking, an ability to find unconventional approach to decision of every, even the most banal and elementary at first sight task, and also undiminished, insuperable desire to develop and attain one’s aims. Of course, without forgetting that the basis of advocacy consists from knowledge and skills, and their treasury needs to be uninterruptedly replenished.
The best advertisement for me is the symbiosis of my descriptions - mental furniture, experience and skills – and… grapevine! It is the best advertising method of all times and still now it is at its peak too. Nothing can be compared with the reference and advice of a satisfied client. But! The professionalism was, is and will always be the first. Otherwise neither satisfied clients, nor their enthusiastic review will happen.
You are the active user of the Facebook, you regularly publish non-standard, courageous, confident, ambitious, sometimes strongly-worded posts in which you quite often share in detailed way your-own professional results and personal impressions. But our attention attracted highly tight-lipped, laconic and three-worded post: “Unscrupulousness… Shamelessness… Sturdiness…” Can you name these words as your principles in the work or as your credo of the life?
My main principle is their full absence. Every principle is a persuasion, certain inviolable view of things, peculiar limit, which anyhow become a barrier for the further development. While commiserating our thoughts and activities with one or other principle, we are simply loosing time, which we could spend for the sake of further achievements. Unchain, throw away ballast, breathe and define the goal – then it will be more easily and clearly to take wind towards its realization. It concerns both work and life at all.
What cases are the first-priority for you?
All cases I carry on are equally priority for me. While consenting to represent one’s interests, signing a legal services agreement, one must understand all responsibility that is entrusting with a lawyer in the future. One must understand that since that moment a lively person has stood behind you and this person without exaggeration has given into your arms his or her destiny, has completely believed you, has hoped and depend upon you. There is no right on a fault here – this fault can have effect akin to fall from a tightrope over the precipice. While reducing the importance of a case thus we are increasing risks.
On one of the sites the article named “The Devil’s Advocate. How the Kharkiv’s lawyer rescues corruptionists from the prison” was shared. In this article there was pointed the list of your clients, that are known enough in Kharkiv and in Ukraine at all, the essence of the case was described and the appraisal of journalists was given. What do you can say about this?
The story of its appearance is quite funny. It is the reaction of the site on my claim concerning the spreading by the site inadequate information about one of my clients. Journalists decided to criticize the fact that I support people to whom the execution of corruption crime is incriminated.
Every person has a right of defence. Legal supporting with the admixture of daring decisions, reducing of situation to an absurdity and nonplussing the prosecution brings to me a pleasure, and to my client – the positive result. Whereupon, it is impossible to forget about the fact that every criminal proceeding represents an adversary proceeding between two parties: the defence and the prosecution.
Advocate is almighty when he does not go with the stream of proceeding of his opponent but creates the crater of these streams, which can take in the prosecution and lead it to defeat.
In number of your clients there are judges, deputies, civil servants, law enforcement officers. What is the specificity of working with such clients?
Every client, apart of his or her profession and course of life is an individual with his or her own history, problems and aims. My relation to clients does not differentiate exceptionally because of status. The specificity of working is characterized by the fact that in cases where public people and authorities are participating, one must recognize the frequent incidents of creation by opponents the imitation of public response.
It is needed to recognize that even denoted category of clients is ready for the most non-standard ways of resolving of problem situations. I do not only accept the challenge of the opponent in such cases but also throw unexpected challenges as the answer in many different directions.
The protection of honour, dignity and business reputation is one of the directions of your activity. What difficulties do you face in this field?
The protection of honour, dignity and business reputation services do not enter into the rating of the most popular and high demanded services. The activity of Ukrainians from the point of view of the protection of these rights is comparatively low. Lawbreakers are frequently trying to conceal their real name and hide behind alias, spreading inadequate information in social media.
In complex with the defectiveness of legislative mechanism it allows them to escape liability for such violations. But unusual ideas and qualified approach to such cases lead to positive results. They can both eliminate violation and turn it towards one’s benefit in material and moral meanings.