Publication date: 08.07.2024
Procedure for execution of a legal aid agreement
Introduction
The conclusion of a legal aid agreement is an important stage of cooperation between a client and a lawyer or law firm. Such an agreement provides legal certainty of the relationship, establishes the rights and obligations of the parties, and determines the scope and cost of services. In this article, we will look at the procedure for executing a legal aid agreement in Ukraine, the legal framework, the main provisions that should be included in the agreement, and recommendations for clients.
Legal framework
Execution of legal aid agreements in Ukraine is regulated by the following key legal acts:
- TheConstitution of Ukraine - guarantees the right of every citizen to legal aid.
- TheCivil Code of Ukraine - establishes general provisions on the conclusion of contracts, their form and content, as well as liability for breach of contractual obligations.
- TheLaw of Ukraine "On the Bar and Practice of Law " defines the legal basis for the activities of lawyers, their rights and obligations, as well as the requirements for entering into legal aid contracts.
- The CommercialCode of Ukraine - regulates relations in the field of economic activity, including the conclusion of contracts for legal aid.
- Other laws and regulations - regulates certain aspects of concluding legal aid agreements.
The procedure for concluding a legal aid agreement
1. Preparation for the conclusion of the agreement
The first stage is negotiations between the client and the lawyer or law firm. During the negotiations, all the terms of future cooperation are discussed, including the scope of legal services, cost, terms of performance and other important aspects.
2. Drafting a contract
Based on the results of the negotiations, a draft agreement is developed. The draft agreement should be prepared in writing and include all necessary details and provisions. It is recommended that you contact an experienced attorney or lawyer to draft the contract to avoid possible legal errors.
3. Approval of the draft agreement
The draft agreement is submitted to the client for review and approval. The client has the right to make suggestions and comments on the terms of the agreement. If necessary, the parties hold additional negotiations to resolve any disputed issues.
4. Signing the agreement
After agreeing on all the terms and conditions, the parties sign the agreement. The agreement comes into force from the moment of its signing or from the date specified in the agreement. Each party receives one copy of the signed agreement.
Main provisions of the agreement for legal aid
1. Subject matter of the agreement
This section defines what legal services will be provided by the lawyer or law firm. This may include consultations, representation in court, preparation of legal documents and other types of legal assistance.
2. Scope and terms of service
This section contains a detailed description of the scope of legal services, terms and conditions of their provision, schedule of work, as well as requirements for documentation to be used in the course of providing services.
3. Cost of services and payment procedure
This section defines the cost of legal services, the procedure and terms of payment. This may include a fixed amount, hourly payment, payment for certain stages of work, or other forms of payment. It also specifies the conditions for adjusting the cost of services in case of changes in the scope of work or other circumstances.
4. Rights and obligations of the parties
This section contains a list of rights and obligations of the client and the advocate or law firm. The duties of the advocate may include providing quality legal aid, maintaining confidentiality, timely completion of work, etc. The client's obligations may include timely payment for services, provision of necessary information and documentation, cooperation with the lawyer, etc.
5. Liability of the parties
This section defines the liability of the parties for non-performance or improper performance of the terms of the contract. This may include compensation for damages, payment of fines, termination of the agreement and other forms of liability.
6. Term of the agreement and terms of its extension
This section contains information about the term of the agreement, the terms of its extension or early termination. It also specifies the grounds for termination of the agreement at the initiative of one of the parties and the procedure for termination.
7. Dispute Resolution Procedure
This section defines the procedure for resolving disputes that may arise during the performance of the contract. This may include negotiation, mediation, going to court or other means of dispute resolution.
Examples of typical provisions in a legal aid agreement
1. Subject matter of the agreement
"The lawyer undertakes to provide the client with legal assistance, including consultations, preparation of legal documents and representation of the client's interests in court, and the client undertakes to accept and pay for these services in the manner and on the terms specified in this agreement."
2. Scope and conditions of provision of services
"The advocate provides legal assistance in a divorce case, which includes the preparation of a statement of claim, representation of the client's interests in court hearings and advice on issues related to the case. All documents required for the provision of legal aid shall be provided by the client not later than 10 days from the date of signing the agreement."
3. Cost of services and payment procedure
"The cost of legal services is UAH 15,000. Payment is made in two stages: 50% of the amount is paid upon signing the agreement, and the rest is paid upon completion of the legal assistance. In case of changes in the scope of work, the cost of services is subject to adjustment by agreement of the parties."
4. Rights and obligations of the parties
"The advocate undertakes to provide legal aid in accordance with the requirements of the law, to observe confidentiality and to inform the client in a timely manner about the progress of the case. The client undertakes to pay for the services in a timely manner, to provide the necessary information and documentation, and to cooperate with the advocate in the process of providing legal aid."
5. Responsibility of the parties
"In case of non-fulfilment or improper fulfilment of the terms of the agreement, the parties shall be liable in accordance with the current legislation of Ukraine. The advocate shall be obliged to compensate the client for the losses incurred as a result of improper provision of legal aid. The client shall pay a penalty of 10% of the cost of services in case of delay in payment."
6. Term of the agreement and terms of its extension
"The Agreement shall enter into force upon its signing and shall be valid for one year. In the absence of a written notice of intention to terminate the agreement one month prior to its expiration, the agreement shall be automatically extended for the same period."
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