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Lawyer request

What is a lawyer's request and why is it needed?

The definition of a lawyer's request can be given the following clarification. A lawyer's request is a written appeal of a lawyer to state authorities, local self-government bodies, respectively, to their officials or officials, as well as to any, regardless of form of ownership, enterprises, institutions, organizations, public associations in order to obtain information or certified copies of documents that necessary for a lawyer to provide legal assistance to his client, representation in the courts, etc.

Why do we need a lawyer's request and what are its advantages?

Each of us faced the problem of obtaining information. And in our country also with all sorts of difficulties and obstacles in its receipt. The bureaucratic system is designed so that in order to obtain a document, you will have to spend a lot of time and energy, and sometimes with an unknown result. And here a lawyer can come to your aid. What are the benefits of a lawyer's request for you?

The first and probably most important thing is that the request is made by the lawyer himself with clear wording about what he needs to provide, what document or answer he wants to receive. Most citizens already have many difficulties at this stage. Starting with who and where to write and ending with what exactly to write in a letter. Respondents often use this, referring to the fact that it is not their competence or to provide so-called unsubscribes without any useful content, while unreasonably delaying the time for the response.

The second - even the psychological aspect of the lawyer's request plays an important role. After all, the person who received such a request may hasten to resolve the issue with which you have been tormented for a long time without possible subsequent proceedings.

Third - the lawyer has a number of additional advantages over the ordinary citizen when requesting various kinds of documents. The main one is that according to part 2 of article 24 of the Law of Ukraine “On advocacy and advocacy” on a reply to a lawyer's request must be provided no later than five working days from the day it is received. However, there are exceptions. For example, if such a request provides for obtaining a significant amount of information, which also requires its search among a large amount of data, then the legislation provides for 20 working days to provide information on this lawyer's request, but with the obligatory proper notification of the lawyer about this no later than five days from the day you receive the lawyer's request.

And the last important plus is responsibility for the illegal refusal to provide information on a lawyer's request or the provision of information that does not correspond to the reality or the content of the requested. To this effect, legislation in accordance with hours 5 tbsp. 212-3 KUoAP provides for the imposition of a fine on officials from twenty-five to fifty tax-free minimum incomes of citizens. This currently ranges from 425 to 850 hryvnia.

But even despite the presence of a lawyer's request, officials of government bodies and organizations are not very willing to part with the information they have. And there may be cases when the lawyer just receives an unsubscribe related to flaws in the request itself, due to restrictions related to the requested information, receives information not related to the requested, or even does not receive it at all!

Therefore, a clear and correctly composed request is the key to success.

What should a lawyer's request contain?

Of course, the information described below should not be of interest to the client. It is the task of the lawyer himself to draw up a correctly executed request, attach all the necessary documents to it and send it to the authorized bodies or organizations in order to achieve a positive result, but nevertheless let us dwell a little on this

The attorney’s request must include: confirmation of the powers of the lawyer who compiled it, certified copies of the certificate of the right to practice law, warrants, and the request itself.

A lawyer's request is not a consultation or a request for clarification of the law, nor should anyone forget to avoid refusal.

It is also desirable to indicate the name and position of the person to whom the request is sent, so that the respondent does not have the opportunity to shift the responsibility to someone else or even ignore him.

You should also be aware of all restrictions on the provision of information with restricted access. Each type of information has its own characteristics, which it is advisable for a lawyer to study in advance.

Summing up what was said in this article, we can conclude that a lawyer's request, under the conditions described above, is a more effective tool for obtaining the necessary information and documents than independent attempts by citizens to fight for their rights. Advantages - in reducing the time for receiving an answer, the clarity of the wording of the request, the presence of responsibility for not providing an answer.

If you need to receive documents or information to exercise your rights, please contact us.

Find out the cost of a lawyer's request.

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