LAWYER REQUEST: TIPS AND RECOMMENDATIONS FOR ITS FORMATION
Attorney’s request: advice and recommendations on its design
When a lawyer sends a written appeal to a state authority or local government — this is the very same, a lawyer’s request.
It is addressed, as a rule, to officials, as well as officials of organizations, institutions, enterprises. A similar request requests documents, copies of them, which will be useful to a lawyer to provide legal assistance to his client.
Surely, many were faced with the fact that the official or the above authorities are not in a hurry to provide the lawyer with the information requested by him.
Often, lawyers are denied information by sending an explanation, the link to various legislative restrictions. The refusal usually refers to the protection of personal data, bank secrecy and much more.
It also happens when there is absolutely no reaction to a lawyer’s request. Of course, there is no one method to deal with such cases, because each request is individual.
We will consider some important nuances, resorting to which, it is possible to increase the chances of a lawyer getting the requested information.
A lawyer’s request and documents attached to it must be drawn up in strict accordance with legislative requirements. It is possible that the answer to the lawyer’s request will be obtained only after bringing the perpetrators to administrative responsibility or through a petition to the court to provide the information requested by the lawyer.
Consider this method in more detail. Firstly, it follows from the above that a written request is more effective than others (not electronic, not verbal), although in order to expedite or simplify the procedure for receiving a response, a lawyer’s request should be duplicated in electronic form by sending an email to the recipient.
Secondly, you shouldn’t stick anything extra to the requested information — only the necessary data, copies of documents owned by the recipient or required to own them. A lawyer’s request should not contain the requirements for providing advice or clarification.
If there is a need for consultative or explanatory information, it is worth contacting in accordance with the Law of Ukraine “On the Appeal of Citizens”.
A lawyer’s request can be considered complete if it is accompanied by copies certified by a lawyer:
1) Certificate of the right to provide a lawyer.
2) An order from a body authorized by law to provide free legal assistance. It is forbidden from a lawyer to require the provision of other documents.
As for the warrant, indicate on the reverse side information about restrictions on the powers of a lawyer, according to the terms of the contract concluded with the client.
That is why a copy of this document must be made on both sides. Drafting a lawyer’s request must be carried out in duplicate. One for the recipient of the request, the other will contain requirements for the recipient to put a mark on the receipt of the request.
On your letterhead, which indicates the name of the lawyer, details of the certificate, contact details, you must specify the date, signature, and, preferably, the outgoing number. It is advisable to maintain a register of lawyer requests. This will allow us not to “keep everything in mind” and to track when, to whom and what requests were sent.
According to this registry, it will become easy to track recipients’ compliance with deadlines for providing a response.Next, indicate in the text of the request the essence of the appeal and the questions that are sent to the recipient or a list of documents that you must provide.
It will be advisable to indicate in the text of the request, in the interests of whom and in what case the requested information is needed.
True, disputes are being held on the observance of advocate secrecy.
It is also worth indicating the method of receiving a response to a lawyer’s request: personally by a lawyer or his client, by mail or at any specific address.
At the end of the request, you should indicate a list of attached documents with an indication of their quantity.
On top of that, be sure to remind yourself of the responsibility for not responding to a request. A response must be provided within five business days of receipt.
This period may be extended to twenty business days, but then a document should be attached with a description and justification of the reasons for this delay.