Effectiveness and importance of advocates requests

06.05.2018 | Legal

No doubts that lawyer’s inquiry affects the quality of services provided to the Client, it forms the evidence base and is one of the main factors for obtaining a positive result.

The value of a lawyer’s request for legal assistance

“Among the lawyers there is the opinion that if you did not make any lawyer’s request on your working day, your day was wasted!”

Lawyer has the right to take any actions not prohibited by Law, the rules of ethics of the advocate and the contract on the provision of legal assistance.

Lawyers’ requests can be addressed for obtaining official copies of documents, to state and local authorities, their officials, enterprises, institutions, organizations, public associations, as well as to individuals (with their consent).

The Law prescribes legal responsibility for ignorance, late delivery or incomplete response for advocate’s request.

The law defines a lawyer’s request as a written application by a lawyer to a public authority, a local self-government body, their officials and officers, enterprises, institutions and organizations irrespective of the form of ownership and subordination, public associations for the provision of information, copies of documents required by a lawyer for providing legal assistance to the client.

The lawyer’s request can not relate to advising and clarifying the provisions of the law. In such situations, when the lawyer needs to turn to somewhere for explanation, he, as a citizen, may use the request for the provision of public information or request a law within the framework of the Law of Ukraine “On Citizens’ Appeal”.

Advantages of the lawyer’s request:

  • a short period of consideration of the request and the provision of information and / or copies of documents. The law states that the response to request must be submitted within 5 working days of receipt;
  • the responsibility for failure to provide, late delivery or incomplete response to the request. The current legislation of Ukraine provides for administrative liability for failure to provide, untimely or incomplete response to a request;
  • in certain circumstances failure of provide, late delivery or incomplete response to the request there can be criminal responsibility.

Based on the practice, one can distinguish one of the main problems in the implementation of the current legislation, which regulates the lawyer’s request – this problem is related to the classification of information to the one that has limited access due to the secrecy of pre-trial investigation, commercial, service, banking secrets, etc.

If you facing problems in receiving information which is very important and concerns you then ask our English-speaking lawyer in Kharkov to do request for such information

Foreigners and stateless persons who are legally residing in Ukraine have the same rights and freedoms as well as carry the same duties as citizens of Ukraine, with the exceptions established by the Constitution, laws or international treaties of Ukraine.

Foreigners and stateless persons under the jurisdiction of Ukraine, regardless of the legality of their stay, have the right to recognize their legal personality and fundamental human rights and freedoms.

Our lawyers can do requests in any Ukrainian cities or even to foreign authorities and any other subjects

That is, logically, if the lawyer acts on behalf of his Client, information relating to the Client itself can not be confidential a priori (there are always exceptions, of course). If this information relates to 3 people, questions may indeed arise. Also, it should be noted that obtaining information through repeated application with an advocate’s request, through a court or bringing to administrative responsibility for such violations takes a lot of time.

Let’s summarize, the right to lawyer’s request, in the context of providing legal assistance to the Client, is one of the most important rights of lawyer. It is one of the main means for obtaining the necessary information and helps in building the evidence base.

If you need help from a lawyer in obtaining information or copies of documents that can be obtained through a lawyer’s request, please contact us.

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