See more
Publication date: 26.05.2024
Lawyer request
A lawyer's request is an important tool in the lawyer's activity, which ensures the collection of the necessary information and evidence to protect the rights and legitimate interests of the client. The procedure for writing and considering such a request is regulated by legislation and regulations, so let's consider this issue in more detail.
Lawyer requests are appeals by a lawyer to individuals or legal entities for the purpose of obtaining information, documents or their copies, necessary for the implementation of lawyer activities. They can relate to various fields, in particular, criminal, civil, economic and administrative proceedings.
Requirements of a lawyer's request
A lawyer's request must meet certain requirements. It must be drawn up in writing on the letterhead of a lawyer or a lawyer's association, contain the details of the lawyer, the details of the person to whom it is addressed, as well as a clearly formulated request for the provision of information or documents, indicating their list and the purpose of the request.
The terms of consideration of attorney requests are determined by legislation. Usually, the answer must be given within 10-30 days from the day of receiving the request, however, for certain categories of cases, this period may differ.
Failure to respond to a lawyer's request or providing knowingly false information may entail administrative or criminal liability, depending on the circumstances of the case.
Consideration of a lawyer's request
Consideration of a lawyer's request involves its study by the person to whom it is addressed, the collection of necessary information and documents, as well as the preparation of an answer within the prescribed period. Refusal to provide information is possible only in cases provided by law, for example, due to data confidentiality or state secrets.
Failure to provide information upon a lawyer's request without good reason can be considered as obstruction of the lawyer's activity and lead to prosecution.
The response to a lawyer's request must be comprehensive, truthful and contain all the necessary information or documents specified in the request. In case of refusal, it is necessary to cite specific grounds provided by law.
Samples of bar requests and answers can be found on the websites of bar associations or in reference publications. They will help to correctly issue documents in accordance with the requirements of the law.
An example of a lawyer's request can relate to various areas, for example, a request to a hospital to provide medical documentation of a client, a request to an insurance company about the circumstances of an insured event, or a request to state authorities to provide information with limited access.
However, it should be remembered that a lawyer's request cannot refer to information that constitutes a state secret or other secret protected by law, as well as information that violates the rights and legitimate interests of third parties.
Conclusion
Thus, a solicitor's request is an important tool for gathering information and evidence in various categories of cases. Its proper execution and timely response to it ensure effective protection of the client's rights and legitimate interests by the lawyer.
