Professional or a charlatan?
Selecting a lawyer is as difficult as choosing a doctor. This is acknowledged themselves representatives of the profession. We do not trust your health to just anyone, just need to come to a decision and to entrust their specialist legal problems. About that, on what to look for when applying to a lawyer — tips «Moscow News».
1. Understand whether it is really a lawyer
«Now all the army of charlatans three times larger legal community — says lawyer Igor Trunov. — Sometimes, you read: «Law Firm. Lawyer «, but in fact under the guise of this office opened recently concluded, I tried.»
We need to ask for a lawyer’s license number and verify it on the roster of the Justice Ministry. Every lawyer in the registry has a number, it has the form / (for example, 01/253. 35/2, 77/1486). The first two digits in the register number means belonging to the region, and the rest after the shot — number. Registration number is indicated on the registry of legal counsel and lawyer’s license. If the lawyer loses its status, it loses its status and number, it can not be assigned to another person. Registry lawyers can look only at the official sites other than the site of Ministry of Justice it may be, for example, the website of the Moscow Chamber of Advocates. By the way, here the citizens specifically warned that the internet on private legal websites full of false attorneys’ registry with outdated or fake data.
2. Check his place of work
The lawyer should always be listed somewhere — in the Bar Association or the office or he must be registered with your lawyer’s office with a bank account. The Bar Association is working 75% of lawyers, more than 20% work in the framework of the lawyer’s office, law offices — 2.6%, for legal advice — 0.2%. If a person shows ID and Law states that work by himself and he does not even have a lawyer study, most likely he is cheating on you.
3. Determine the specialization of a lawyer and to examine its past
«Abroad for a long time there is a division of labor lawyer, — says Igor Trunov. — Law — extensive scope, and can not be one person to swallow it whole. And we have some people try to sit on all the chairs. No need to hire such an attorney. » We must ask the lawyer, on what matters, he specializes. It is useful to examine the practice of judgments in cases which led the lawyer — it can be done, including through the courts sites. Well, if this practice can be traced not only in fresh cases — it tells about the experience of the lawyer. On the Internet you can see if the lawyer has some scientific publications on matters of the topics that you care about, whether it was involved in the affairs of the resonance. And can find a negative, it is also useful to know. If the Internet information about this man do not, then obviously an inexperienced lawyer.
4. Assign the first meeting
«In the first consultation (usually free) you need to ask how close the topic of your question counsel whether he qualifies for it, or is engaged in a narrow, specific questions and can advise to seek assistance from his colleague. In addition, you will need to state which position you are concerned about the issue practice and what do you expect from the lawyer’s actions «, — says Ksenia Gagaev of consulting company» Ligerion Group «.
5. Understand whether you are comfortable with the lawyer
«One of the most important factors when choosing a lawyer is a psychological comfort, in the absence of which it would be impossible to work productively, — said the lawyer Kseniya Gagaev. — The first lawyer — your ally and assistant relationship between you should be based on trust and mutual respect. »
What should and should not do attorney, can be found in the law on the legal profession and the Code of Ethics of lawyer.
6. The writing formalize relations
The agreement on mutual legal assistance made in two copies, one is required to be retained by the customer. The agreement must be described in detail, for which he pays the money. It is important to clarify immediately require any additional costs, and if so, how they will be reimbursed. It is better to also specify in the contract.
Frequently, in practice, a lawyer concluding an agreement on mutual legal assistance with the client, draws numbered order, on the basis of which represents the interests of the principal (mandatory when providing assistance in criminal cases). You can, in addition, to issue notarized power of attorney, which will contain all the powers that you lay on his lawyer.
7. Do not pay for services in cash defender
Attorney fees required to obtain a formal or in cash or by wire transfer to the account of the college. «Sometimes it’s not like customers who feel that it is easier and more convenient to his counsel the money in cash, rather than walking on the banks. Sometimes, trying to persuade to take the fee immediately, without any receipts. But the official account — a safety net for both sides, «- explain lawyers. The receipt must remain in the client.
«In no case do not agree with a proposal to pay by cash lawyer — convinces Igor Trunov. — It is fraught with problems and it should be alerted. These professionals first booming activity, promise you that everything will be fine. But as soon as you give him the money in the hands of how things are changing: a lawyer somewhere disappears, you are constantly bother him running after him. » There are cases, said Trunov, a lawyer and that all the work refuses, saying that no money is not received, and to complain about in this situation, too, there is no place — in fact in the hands of no documents.
A lawyer can deduct his salary from the account of the formation of a lawyer only after being paid for the work they performed in full. With regard to payment details — parts, or immediately afterwards, here, experts explain, it depends. It happens that the board is divided into parts, the stages of the case. For example, in a criminal case the payment is usually divided into work during the investigation, and then the court of first instance, appeal and supervision. In other cases, the first paid in advance, the rest later. Each time it is an individual agreement with the lawyer.
8. Be prepared for a bargain price
Go to the proposals of the legal annual maintenance, such as customer cards the legal club and the like, lawyers advise: it is beneficial for organizations as there each month is required legal help and an individual legal services are required less frequently. It is better to hire a lawyer in the case, it will be cheaper.
Quotations as such, as a rule, no. Attorneys ‘fees shall appoint at its discretion and will, although some boards or lawyers’ offices have a price list. In the Office, by the way, the case distributes attorneys general partner. But if you want to hire a specific lawyer, you can ask about it. In general, the cost always depends on the complexity of the case, volume and is always negotiable. A lawyer may ask for the case management of 50 thousand rubles, and the other for the same -.. 100 thousand happens hourly pay -. Usually for work in the hearings. But for legal services and legal aid can not save, experts advise.
Does it always need a lawyer
Any attorney — a lawyer, but not every lawyer — a lawyer. The difference between a lawyer lawyer — to defend a client in a criminal case. But in civil cases and arbitration process is well suited and lawyer. On lawyer issued a power of attorney to conduct your business. In a criminal case can be admitted by the court and any person (not even a lawyer) as a public defender (as was, for example, in the case of businessman Alexei Kozlov, who defended his wife, journalist Olga Romanova), but only in the presence of legal counsel.
9. Do not be afraid of free lawyers
Lawyers can provide complimentary services. Human rights advocates often so do or if it has a resonance and principle. There are cases in which lawyers’ fees amount to a symbolic one ruble. And at this price you can even protect the famous veteran lawyer.
«Worry is not necessary in the case of free legal services, and in the case when a lawyer wring fabulous price — said Igor Trunov. — Afraid free lawyer is not necessary, because even the law on advocacy lawyers are obliged to conduct business free disabled, war veterans, Juvenile — socially unprotected population. »
10. Monitor the lawyer, but in moderation
«You can keep control over the activities of your lawyer — the lawyer explains Gagaev. — An example, if the agreement you should consider the steps and timing services, it is appropriate to call and be interested in the course of execution. In the case of legal representation can be pre-warned the lawyer, to join him in court. In addition, you can ask a lawyer to provide you with copies of documents that it prepares you in the course of providing legal assistance. » At the same time advises the lawyer, do not get carried away too much control and to take the initiative in the case, it can only complicate the work of the defense or to stop him.
Lawyers advise customers to listen to their recommendations. «It happens that the customer wants to stick to their line, for example, until the end to convince the court that he was right, that he did the right thing, because the other side is» bad «and deserved it,» — say the lawyers. — However, this is not always correct, because it can have a negative impact on the process and on the judgment of the court. » At the same time, lawyers say, if, for example, on some specific issues the client is a professional (for example, the difficult economic case), it is necessary to take a position together, taking into account all the client’s comments in consultation with him.
11. If the relationship with the lawyer did not exist
If you decide to change the lawyer, you first need to find a new one. Then officially discard the old. Application for change of counsel is applied in writing to the investigator or the court. If you have already paid the entire fee, and his lawyer did not have time to work out, the money can be claimed back — with a lawyer and his colleagues.
On unscrupulous lawyer we can complain to the Qualification Commission of the Chamber of Attorneys of the city, which will consider the application. A lawyer can be applied a variety of disciplinary sanctions up to the cancellation.