Procedure for execution of a legal aid agreement

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Publication date: 09.07.2024

Procedure for execution of a legal aid agreement
 

Introduction
 

A legal aid agreement is an important document that regulates the relationship between a lawyer (law firm) and a client. It defines the rights and obligations of the parties, the scope of legal aid, payment terms and other important aspects of cooperation. In this article, we will look at the detailed procedure for concluding a legal aid agreement in Ukraine, including the legal framework, the main elements of the agreement, and the process of concluding and executing the agreement.
 

Legal framework
 

The main legal acts regulating the execution of legal aid agreements in Ukraine are:
 

1. TheCivil Code of Ukraine (CCU) - regulates the general provisions on the conclusion, performance and termination of contracts.
    
2. TheLaw of Ukraine "On the Bar and Practice of Law " - defines the legal basis for the activities of lawyers, their rights and obligations.
    
3. TheCode of Professional Ethics for Attorneys - sets out ethical standards of conduct for attorneys.
    
4. TheLaw of Ukraine "On Protection of Consumer Rights " defines the rights of consumers of legal services.
    
5. Other legal acts - regulating specific aspects of legal aid.
    

The main elements of a legal aid agreement are as follows
 

1. Preamble
 

1. Name of the agreement: "Agreement on legal aid".
    
2. Date and place of conclusion: The date and place of conclusion of the agreement.
    
3. Parties to the agreement: The full names of the parties, including the details of the lawyer or law firm and the client (individual or legal entity).
    

2. Subject of the agreement
 

1. Description of legal services: A detailed description of the legal services to be provided by the lawyer, including consultations, representation in court, preparation of documents, etc.
    
2. Scope ofservices: Definition of the scope of legal assistance, including specific tasks and deadlines.
    

3. Rights and obligations of the parties
 

1. Rights of the advocate: The right to receive the necessary information and documents from the client in a timely manner, the right to payment for services, etc.
    
2. Duties of theadvocate: The obligation to provide legal aid of appropriate quality, to maintain confidentiality, to act in the interests of the client, etc.
    
3. Client's rights: The right to receive quality legal aid, the right to be informed in a timely manner about the progress of tasks, the right to confidentiality, etc.
    
4. Client's obligations: The obligation to provide the necessary information and documents in a timely manner, to pay for the services of a lawyer in accordance with the terms of the agreement, etc.
    

4. Procedure for the provision of services
 

1. Schedule of services: Determination of the terms and procedure for the provision of legal services.
    
2. Place of service provision: Indicates the place where the services will be provided (lawyer's office, court, etc.).
    

5. Cost of services and payment procedure
 

1. Cost calculation: Determination of the cost of legal services (fixed amount, hourly rate, etc.).
    
2. Payment terms: Procedure and terms of payment for services (advance payment, payment in stages, etc.).
    

6. Liability of the parties
 

1. Liability of theadvocate: Determination of the advocate's liability for improper performance of the contract (damages, fines, etc.).
    
2. Client's liability: Determination of the client's liability for breach of contract (late payment, failure to provide necessary documents, etc.).
    

7. Term of the contract
 

1. Startand end of the contract: Indicate the start and end dates of the contract.
    
2. Terms ofextension: The procedure for extending the term of the contract, if necessary.
    

8. Procedure for making changes and additions
 

1. Amendmentprocedure: Define the procedure for amending the contract (written agreement, addendum, etc.).
    

9. Force majeure circumstances
 

1. List of force majeure circumstances: Identification of force majeure circumstances that may affect the performance of the contract.
    
2. Force majeure procedure: Determination of the procedure of the parties in case of force majeure.
    

10. Dispute Resolution Procedure
 

1. Pre-trial settlement: The procedure for pre-trial dispute resolution (negotiations, mediation, etc.).
    
2. Court proceedings: Determination of the competent court to resolve disputes.
    

11. Final provisions
 

1. Confidentiality: Conditions for maintaining the confidentiality of information obtained in the course of providing legal aid.
    
2. Other terms and conditions: Additional terms and conditions that have not been reflected in other sections of the agreement.
    

The procedure for concluding the agreement
 

Preparation for the conclusion of the contract
 

1. Consultationswith the client: The lawyer conducts preliminary consultations with the client to determine his or her needs and expectations from legal aid.
    
2. Preparation of a draft agreement: Based on the information received, the lawyer prepares a draft agreement, taking into account the specifics of the services and the client's requirements.
    

Negotiating the terms of the contract
 

1. Discussion of terms: The parties discuss the terms of the contract, including the scope of services, the procedure for their provision, the cost and other important issues.
    
2. Making changes: If necessary, the lawyer makes changes to the draft agreement in accordance with the client's suggestions.
    
3. Legal review: The draft agreement may be submitted for legal review to check its compliance with the law.
    

Signing the contract
 

1. Execution of signatures: After all the terms and conditions are agreed upon, the contract is signed by both parties. The contract can be signed both in person and remotely using an electronic signature.
    
2. Exchange ofcopies: Each party receives its own signed copy of the agreement, which is legally binding.
    

Execution of the contract
 

Provision of legal assistance
 

1. Preparation for the provision of services: The lawyer prepares the necessary resources, including documents, information and other materials.
    
2. Briefing: The lawyer provides the client with instructions on further actions and the procedure for obtaining legal aid.
    
3. Provision of services: The advocate provides legal aid in accordance with the terms of the agreement and the schedule agreed with the client.
    

Control over the performance of the contract
 

1. Monitoring of performance: The advocate regularly monitors the fulfilment of the terms of the agreement and the quality of the services provided.
    
2. Reporting to the client: The lawyer provides the client with reports on the performance of the assignment, including information on the work performed and the results achieved.
    

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