Publication date: 09.07.2024
The procedure for concluding a legal aid agreement
Legal aid is an important component of the system of protection of citizens' rights and freedoms. The execution of a legal aid agreement is a key stage in determining the relationship between an attorney and a client. In this article, we will examine the procedure for executing such an agreement, the basic requirements for its content and the legal consequences of its conclusion.
Main provisions
A legal aid agreement (hereinafter referred to as the agreement) is an agreement between an attorney and a client under which the attorney undertakes to provide legal services to the client, and the client undertakes to pay a certain fee for these services. This agreement must be concluded in writing and comply with the requirements of the current legislation of Ukraine.
Stages of concluding the agreement
1. Preliminary consultation
The first stage is a preliminary consultation, during which the advocate and the client discuss the essence of the case, possible options for legal aid, terms of cooperation and the amount of remuneration. At this stage, the client has the opportunity to assess the lawyer's professionalism, and the lawyer has the opportunity to understand the scope of work and complexity of the case.
2. Preparation of a draft agreement
After a preliminary consultation, the lawyer prepares a draft agreement. The agreement should clearly define all the essential terms of cooperation, such as:
- the subject matter of the agreement (description of the legal aid to be provided)
- rights and obligations of the parties;
- the amount and procedure for payment of remuneration;
- terms of legal aid provision;
- procedure for amendment and termination of the agreement;
- liability of the parties for non-performance or improper performance of obligations.
3. Approval of the terms of the agreement
The draft agreement is submitted to the client for review and approval. At this stage, the client may make proposals to amend or supplement the terms of the agreement. It is important that both parties agree on all the terms and conditions, as this is the key to further effective cooperation.
4. Signing the contract
Once all the terms have been agreed upon, the contract is signed by both parties. From that moment on, the agreement becomes legally binding. The lawyer keeps one copy of the agreement and the client keeps the other.
Main terms of the agreement
Subject matter of the agreement
The section "Subject matter of the agreement" should describe in detail the legal services to be provided by the advocate. These may include consultations, preparation of procedural documents, representation in court, etc.
Rights and obligations of the parties
The agreement should contain a clear list of rights and obligations of each party. The advocate undertakes to provide legal aid to the extent and under the conditions specified in the agreement, to observe confidentiality and to act in the interests of the client. The client, in turn, undertakes to provide the advocate with all necessary information and documents, as well as to pay the fee in a timely manner.
Remuneration and payment procedure
The advocate's remuneration may be fixed (hourly or in the form of a fee for the entire case) or in the form of a percentage of the amount of the won lawsuit. The agreement must clearly define the amount of the fee, the terms and procedure for its payment. It is possible to provide for advance payments or instalments.
Terms of legal aid provision
The agreement must contain the terms of legal aid provision. This may be a specific time limit or an indication of the completion of a certain stage of work (for example, preparation of a statement of claim or completion of a court proceeding).
Procedure for amending and terminating the agreement
The agreement should contain the terms under which it can be amended or terminated. For example, the parties may provide for the possibility of termination of the contract at the initiative of one of the parties with a certain period of notice. It is also worthwhile to stipulate the procedure for settlements in case of early termination of the agreement.
Liability of the parties
The agreement should set out the consequences of non-performance or improper performance of obligations. For example, the client may claim damages in the event of poor quality of services provided by the lawyer, and the lawyer may claim a penalty for late payment of services.
Legal consequences of concluding an agreement
The conclusion of a legal aid agreement creates legal obligations for both parties. The client has the right to demand that the advocate provide services in accordance with the terms of the agreement, and the advocate has the right to be paid for his or her work in a timely manner. In the event of a breach of the agreement, either party may apply to court to protect its rights.
Protection of the client's rights
The client shall have the right to expect from the advocate the provision of high-quality legal aid. In case of violation of the client's rights, he or she may file a complaint with the Qualification and Disciplinary Commission of the Bar or with the court. It is important that the client reads the terms of the agreement in detail before signing it and clearly understands his or her rights and obligations.
Peculiarities of drawing up an agreement with foreign clients
When entering into a legal aid agreement with foreign clients, certain peculiarities should be taken into account. For example, the agreement may be concluded in two languages (Ukrainian and the client's language). You should also take into account possible requirements of foreign law if the legal assistance relates to cases outside Ukraine.
Conclusion.
A legal aid agreement is an important document that defines the relationship between an attorney and a client. Proper execution of the agreement contributes to effective cooperation, protection of the rights of both parties and avoidance of possible conflicts. The agreement must be concluded in accordance with the requirements of the law and with all essential terms and conditions. The client should be confident in the lawyer's professionalism, and the lawyer should be confident in the client's seriousness. It is important that the agreement contains clear and understandable terms and conditions that would ensure the protection of the rights and interests of both parties.
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