Publication date: 08.07.2024
Procedure for concluding a legal aid agreement
A legal aid agreement is a key document that establishes the legal framework for interaction between a lawyer and a client. It defines the obligations and rights of the parties, the scope and terms of legal services. The conclusion of such an agreement is an important step that protects the interests of both parties and provides legal certainty in the relationship. In this article, we will look at the procedure for executing a legal aid agreement in Ukraine, its main elements, requirements to the content, and the procedure for concluding and executing it.
Legal and regulatory framework
The main legal acts regulating the procedure for concluding a legal aid agreement in Ukraine include:
TheCivil Code of Ukraine:
- The Civil Code of Ukraine (CCU) contains general provisions on the conclusion of contracts, including service agreements. It defines the basic requirements for the content of the contract, the rights and obligations of the parties.
TheLaw of Ukraine "On the Bar and Practice of Law":
- This law regulates the activities of advocates, sets out the requirements for entering into legal aid contracts, the rights and obligations of advocates and clients.
Code of Professional Ethics for Attorneys:
- The Code of Professional Ethics for Attorneys defines the ethical standards of conduct for attorneys, including requirements for entering into contracts with clients and performing professional duties.
Key elements of a legal aid agreement
A legal aid agreement must contain the following main elements:
Subject matter of the agreement:
- The agreement defines the subject matter of legal aid, i.e. the specific legal services that the lawyer (law firm) undertakes to provide. These may include consultations, representation in court, preparation of documents, legal analysis, etc.
Parties to the agreement:
- The agreement shall specify the full names and details of the parties: the attorney (law firm) and the client. If the client is a legal entity, its legal form and registration details are also specified.
Obligations of theparties:
- The agreement defines the obligations of the advocate and the client. The advocate undertakes to provide legal services at a high professional level, to maintain confidentiality, and to inform the client about the progress of the case. The client undertakes to provide the necessary information, cooperate with the advocate, and pay for the services in a timely manner.
Cost of services and payment procedure:
- The agreement specifies the cost of legal services, the procedure and terms of payment. These may be fixed amounts, hourly rates, or combined options. Advance payments or additional costs may also be provided for.
Theterm of the agreement:
- The agreement defines the term of the agreement, i.e. the period during which the lawyer undertakes to provide legal services. The term may be fixed (a specific date) or indefinite (until the obligations are fulfilled).
Theprocedure for termination of the agreement:
- Terms of termination may be provided for in case of non-performance or improper performance of obligations by one of the parties, as well as for other reasons. Procedures for notification of termination and settlement of mutual settlements are specified.
Liability of the parties:
- The agreement defines the parties' liability for non-performance or improper performance of obligations. This may include penalties, damages, and compensation for non-pecuniary damage.
Dispute resolution procedure:
- The contract specifies the procedure for resolving disputes that may arise between the parties. This may include mediation, arbitration, or judicial dispute resolution.
The procedure for concluding a legal aid agreement
The procedure for concluding a legal aid agreement includes several stages:
Preliminary discussion of the terms of cooperation:
- The lawyer (law firm) and the client conduct a preliminary discussion of the terms of cooperation, determine the scope of legal services, discuss the cost and procedure of payment, the term of the agreement and other important aspects.
Preparation of a draft agreement:
- The lawyer (law firm) prepares a draft legal aid agreement, taking into account the preliminary agreements with the client. The draft agreement must meet the requirements of the law and contain all the necessary elements.
Familiarisation of the client with the draft agreement:
- The draft agreement shall be submitted to the client for review. The client has the right to make suggestions and comments to the draft agreement.
Negotiation of theterms of the agreement:
- The lawyer (law firm) and the client agree on the terms of the agreement, taking into account the client's suggestions and comments. If necessary, the draft agreement is amended.
Signing the contract:
- After all the terms and conditions have been agreed upon, the agreement is signed by the lawyer (law firm) and the client. The agreement may be signed in two copies, one for each party.
Provision of legal services:
- After signing the agreement, the lawyer (law firm) starts providing legal services in accordance with the terms of the agreement.
Peculiarities of the performance of the legal aid agreement
The performance of a legal aid agreement has its own peculiarities, which are as follows:
Ensuring confidentiality:
- The lawyer is obliged to ensure the confidentiality of information received from the client during the performance of the agreement. The disclosure of confidential information without the client's consent is a violation of professional ethics and may lead to the advocate's liability.
Professional competence and good faith:
- The advocate shall provide legal services at a high professional level, act in good faith and in good faith in the interests of the client. Insufficient professional competence or dishonest fulfilment of obligations may lead to the advocate's liability.
Informing the client about the progress of the case:
- The advocate shall regularly inform the client about the progress of the performance of the agreement, provide the necessary information and advise the client on legal issues related to the performance of the agreement.
Compliance with theterms of performance of obligations:
- The advocate shall be obliged to comply with the deadlines for fulfilment of the obligations specified in the agreement. Violation of the deadlines may lead to the advocate's liability and negative consequences for the client.
Settlement ofdisputes:
- In the event of disputes between the advocate and the client, they should be resolved in accordance with the procedure provided for by the agreement. This may be mediation, arbitration or judicial dispute resolution.
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