British Men And Relationships

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LOCATION OF LAWYERS PROFESSIONAL SERVICES

ADVOCACY SERVICES LOCATION

We can define that this contractual relationship is verified when a person (hereinafter the Customer) entrusted to the lawyer a professional job (counseling or proxy), in exchange for a cash consideration (art. 1623 CC).
's landlord tenant attorney and client. The consideration is the fee.
attorney plays two roles in two different areas, the judicial and extrajudicial. Acts as advisor to the court (advisory) or attorney (legal representation or empowerment) in the judiciary. CHARACTERS



1) Bilateral: It is important to note that this contract has two parties, which do not necessarily have to be two people may be more than two people ..
necessarily the customer is an individual, The reason why they practice this classification, the source is in legal effect and obligations arising from this contract, which are an element that has relevance and impact at the time of the execution of the contract.
This is presented in the client and the abogdo, in time, each party is a debtor and creditor obligations, sacrifice and the rights and duties arising from the contract. Even the customer service may include payment of the price of the consultation and the provision of business that brings you to the lawyer.
Moreover, the customer can go, assisted by an insurance company as an economic instrument for the payment of the fee. This third can become part of the contract relationship in a broad sense, and by involving third parties that have involvement in the same spot.
Therefore, it is possible ¨ ¨ outsourcing benefits, when required the intervention of these, so for and on behalf of the parties are summoned to intervene in this particular contractual relationship.
At this stage of development is prudent to note that bilateralism may be simple or complex. It will be simple when the attorney-client relationship is individual, whereas the complex is as attorney-client relationship is in by a team of lawyers, in the same specialty or multidisciplinary.
2) Consensual: The effects of the contract will occur from the moment of celebration, since it is perfected by mere consent, not requiring any further formality or solemnity determined by law. . Perjuico Without this, as a note characterizing the required consent, we must be informed consent a ¨ ¨, in close reference to the duty of information that requires the lawyer to give details of the risks to the customer or the extra-judicial strategy to propose so that they can discern and choose freely, which they consider more convenient. All this, with the reservations that indicate professional privilege, the special attention to the legal representatives and forced to the disabled, and the psychological situation of the client. This point will be further developed, later.
3) Expensive: This clasificacón comes from French law, and is given when each party receives some of the other, either in the form of an immediate dation, whether in the form of a promise for the future. The provision to which the lawyer is committed because of the consideration for the customer. Although it exists in this contract in particular a feature of human solidarity and charity, which requires the lawyer to act, notwithstanding that he may have expected to collect at any time any sum of money, and it is the duty filled assistentialism, that later informs. . The consideration of customer need not be immediate.
4) commutative: The contract, at the time of its conclusion, it is true and equal benefits for each of the parties, and did not involve any random. The client attends the lawyer with his ill health or to perform a routine check with a clear expectation that they be healed or at least relieved, and the professional, he knows he will face a pathology, and that the counterparty will be subject to therapeutic that prescribe, and accept or not, the therapeutic strategy that the doctor intends.
5) Unnamed or atypical / Nominee or Typical: The registered form or not a contract guard close relationship with his normativisation or legislative reception. Where there is no legal rule that contains it, is known as Nameless or atypical.
While the note of authenticity, is related to the existence of any contract nominated under the Civil Code or other law, containing, and criminalized. In relation to this contract, the doctrine is not peaceful, since it claims that would be an atypical contract, a contract multiforme, or that it is a contract of mandate, or society, and it is not really a service lease professionals.
The importance of establishing the location of contract doctrine, is to determine what the source of applicable rules, thus taking the position of those who consider him a typical contract and nominated, as framed in the language of art. 1143, and the location of services of the Civil Code that would understand. Although the service lease lawyer does not receive a special chapter in the Civil Code, if you have the lease of services and by applying the ratio of the genus and species, the theory allows the absorption standards analog and legislated support of this contract, are applicable to service lease attorney.
While those who argue that would be another kind of contract, analyzed from another perspective, saying that he would apply the rules of the mandate, and others in a more conciliatory stance, agree that this contract can be receptive to various contracts, since we would be facing a protean figure. This rule would not only applicable to this contract, but all contracts involving professional services. For its part, the case has not been clear on this point, arguing "that would generally be the origin of any medical intervention, eg Location of work or services, contractual relationship between a lawyer and a mutual entity, etc., And even spontaneous compliance assistance under the imperative jealous .. Hippocratic moral rule, always half a prior specific adequately provide the medical aid, which creates a legal relationship aimed credit to this provision and that has as its active customer and as debtor counsel.
This legal relationship is undeniable from the time the physician voluntarily go to serve the sick, whether or not there express contract. That prior obligation, locates it, the event within the system of obligations, it makes it differ from tort liability cases in which there is only a general duty to act prudently and do no harm. ¨:
6) No Formal: The contract may be concluded in the form agreed by the parties, without need for special forms or affirmed. Notwithstanding the foregoing, the parties will implement the contract in one or more agreements, depending on the nature and complexity of the benefit. This business is governed in terms of how the provisions of Civil Code for the form of contracts and legal documents. Because of its special features is common to be held in oral form, with a written contract implementation through special agreements advisory service location, subscription for legal assistance, or by conventions of fees for service.
7) Professionalism: This feature is related to the capacity and legitimacy of the contracting parties. It goes without saying that this notice is not required of the customer, if required more professional.
It requires a certificate to the practice of law, and even more, as required by jurisdictional issues, registration to the respective associations, corporations or professional associations. Professionalism is
proficiency testing, and in relation to her I mean education degree at the University of Law, where the lawyer gets his degree, and in turn super-all, graduate, credited increased degree of competence and professionalism. Thus lacking professional training enabling an offense.
is defined as "Attorney, da - m. and f. A person legally authorized to defend at trial, in writing or verbally, the rights and interests of litigants
, and also to give an opinion on the issues or legal
points he queried. (Enciclopedia Planeta - De Agostini / Multimedia News). "
Landlord of service should be a lawyer, received public or private university of the Republic, or abroad, with revalidation of their titles, by local university faculty, and professional associations if they require different Comptroller authorities.
In countries with liberal political systems, there are no schedules of the specialties, coinciding with the demand of students, or with the seats of the various institutions.
8) Scientific Autonomy: The legal knowledge, has its own sphere, which is outside the client normally. As can be seen that the customer is delivered to the attorney. The client attends as it attorney knows that there is another who can pay the debt claimed. There is another who can comply with such provision.
Anyone who promises an activity without the professionalism and scientific freedom, will be faced with a criminal offense of false practice of law.
9) Discretion: The lawyer should propose strategies to the client, and based on scientific freedom is the Uncia working for it. At this point no possibility of discussion by existing customers, since this is the relationship expert and the lay client, unless it is in the presence of peers.
The customer should not feel obliged to receive the attention and expert design strategy, being free to dissent, and to attend other professional. You even have the freedom not to accept the proposed therapeutic, and not to have the lawyer's strategic plan.
Discretion is defined as the "wisdom to form an opinion and tact to speak or act," adapting the definition given to abogadicio act, we must understand it as the wisdom and acuity to form the view, first about the diagnosis of the clinical picture of the client, through all the methods that help to this end * addressing the relationship Customer communication to obtain this consent to the strategic plan to resolve or attempt to exercise the legitimate right to defend their rights and interests, either extra-judicially or judicially.
The discretionary act is that free and prudently does not accurately regulated. This is so because the legal profession is a science or art, this ambiguity of design sits on the fact that art and science have budgets that are common, is more science than art, because it deepens the study of things. The advocacy is considered a science, for the majority, and the proof is the status of University of Law, given to the homes of these studies.
Taking the definition of science, pointed to the foot, we can say that under the principle of discretion, is in the vagaje of rules and principles, demonstrating them through the analytical processes and the whole act abogadicio, strategies and decisions are qualified with their professionalism. The layman, is not a scientific way to learners or reason with the lawyer, which is the best strategy can be applied to your case.
not normally the case, that lawyers must use liaison during the debate or cultural associations of cases filed, as in the work counsel, based on the individuality of the activity, which does not allow this to acquire different points of view in problematic approach to the customer. While the latter part of the professional discretion indirectly, through what the lawyer tells you, personally receiving clarification or a decision to participate in the formation of consent.



CONSENT Consent is an essential element in all contracts. Along with the object and the cause trilogy forms the base, without which there is no contract as such. There are other important, less essential, but essential, others accidental, and finally those who wish to incorporate into the contract the parties themselves.
In contracts of confidence as regards the contract as we are concerned, consent plays an essential role.
The willingness of each party involved is a unilateral legal act, but when both the individual will join the consent is obtained which is expressed as a bilateral act.
The doctrine has tried a variety of definitions to the notion of consent, and one that largely meets all positions, is the holding Aubry and Rau, who says "the required consent to the formation of a contract should be given reciprocally by all parties," which they say Garrido and Zag or, suggests that each of them is that you should pay.
add to these authors, given by Ruggiero, who believes that "consent is the agreement of two declarations of will, which from two different subjects are moving towards a common goal fusing"
The consent of the client must start from a cluster information that the lawyer should provide the client in the decision making process.
The right to information is a conquest of modernity, and has been developed for this and in particular during the post-modernity.
Right the information is extra-content, and integrate the baggage of rights such as freedom, dignity, physical integrity, and other constitutional status. Even
has been receiving in the art. 42 of the Constitution of 1994, when it incorporates the right of users and consumers to protect their health, safety, adequate and accurate.
consent to the professional client must be preceded by an information load, appropriate to the circumstances of time, manner and place.
The quantity and quality of information varies depending on the type of receiver of information, is not the same as informing a client that depressive one with an appropriate psycho-physical preparation. The burden of the information is provided by the attorney.
the proper term is wide enough to understand that there is a lot of types of quality and quantity of information to be supplied. That is, the practitioner must adjust the amount of customer information.
The technical language of any science to be passed to lay people, must be "translated" the colloquial language that is closest to the customer, because of being sent the message to the techniques of professional features, is sure that the patient will not understand, and produce an adverse effect on the relationship attorney client.
As a corollary, the expectation of adequate information is a proper understanding. The message, which is the content of information must reach the recipient in full and appropriate under the circumstances of time, manner and place. In case of misunderstanding of the message, inadequate client's position - as is a state of shock or denial of therapeutics - require that the message is transmitted to another person close by blood or affection, to get the message and may incidentally provide consent by the customer, but only in those cases where the seriousness of the circumstances prevent you from seeking consent to the same customer or judicial authority in case of insanity or absolute refusal of the client.
The importance of consent that professionals require customers is that actions can not be made without their permission or that of the person who is responsible circumstantially. Any legal provision provided without the consent will be specially alleged the professional as an invasion and / or attack the person of the customer.
legal representation to which it refers is the legitimization kin (the parents for their minor children or unborn persons, the spouses to each other) or that provided by law (as in the case of the curators or legally appointed guardians, custody or possession by minors or incompetent.)
In the social scheme of the end of this century, are seen as a common currency the bond of the constitutions of cohabiting couples that do not contain the protection of the law. Also shows that certain relationships based on affection or love, escape the containment of the law, such as holding children in their care, who are abandoned by their parents, or are given in custody to relatives or friends in the impossibility of giving substantial items. There
, given valid consent in this way, the absence of the legal requirement of representation. Assent, as an expression of a lesser degree of consent, common law actions, and as a mere manifestation of which is shared legal decision necessary, is not admissible in law, at the sole exception of the power provided by art. 48 of the CPCC, which allows the attorney to make a defense of a lawsuit even without adequate representation, for a limited period in which the absence of representation to be remedied. Is even more necessary for the immediate intervention of Judges, the cause, or juvenile, or failing that family judges, or any other judge who is on site and is responsible for authorizing the practice of law. In this process the dependent has no intervention. Reiterate the agreement is insufficient to adopt any representation.
The assent given by the family caregiver is not consent, and must be given in very exceptional circumstances. If you should require immediate judicial intervention, asking for the most expeditious route to approval of the practices mentioned.

RIGHTS AND DUTIES OF THE PARTIES

* ATTORNEY:

1. To act (or represent sponsor / Law 10,996 of the law regulating the exercise of the Attorney).
2. Advise
3. Professional secrecy
4. Report: communicating to the client the meaning, scope, risks, and whatever other information may require the client.
5. Make worship and ethical standards of loyalty (to their clients, the lawyers whom he was preceded and opponents and their lawyers).
6. Refrain from representing, defending or sponsor, simultaneously or in succession to persons with conflicting interests. This obligation extends to all members of the study.
7. Refrain from offering their professional services means incompatible with decency, honesty, moral, etc. let alone by deception or by the assurance of results.
8. Refrain from intervening in court proceedings in which he has been a judge, magistrate or judicial officer.
9. Prohibition directed to the counterparty, without respect the colleague who treats.
10. You should not unduly retain documentation of their customers.
11. You must maintain absolute loyalty to their clients and to the court where the play, given their character as judicial officer.
12. Is entitled to charge the fees agreed or judicially regulated, whether his client or the opposing parties.

* CUSTOMER:

1. Must cooperate by providing all the information that is essential to better defend their interests, you must perform all acts and his lawyer advises him to perform.
2. Should help sustain the expenses incurred in defending their interests.
3. You must pay the agreed fee or which they would be regulated charge.

contractual implementation.

is not formal, does not require a particular instrument reaching its conclusion under private instrument. Overall performance for the chain of title does not take a contractual instruments, such as with medical histories.
content processes, ie information, belong to the customer, plus record and store material containing the tools that belong to the lawyer.
The customer is entitled to be informed of the progress of its affairs that are attended by counsel, and therefore such a right must be satisfied by the delivery of reports or copies, reflecting the progress assigned business.

legal privilege.

English doctrine holds that the lawyer is bound to jealously guard the secrets entrusted to his client, which must be interpreted that information secret is known only to the client or by a small group of people who are interested it does not transcend to others. It is an emanation of the principle of confidentiality imposed silence the lawyer everything that has come to its knowledge during the performance of professional tasks entrusted to it, discretion and secrecy must not only maintain their contacts with the client but with family and others. To our knowledge is based ultimately on the right of defense, as enshrined in the Constitution, which would lose all effectiveness if the client did not have the certainty that the confidences given to his lawyer, would divulge it with impunity.
Our legal system protects professional confidentiality is respected both from a procedural standpoint as substantial. Articles 360 and 201 of the Code of Civil and Criminal Procedure, respectively, allow lawyers to provide testimony waived without prejudice to its formal obligation to appear in court.
On the other hand, the violation of professional secrecy is punished as a trespass in the second alternative behavior under Article 231 of the Penal Code, when with malicious abuse of his office uncover the secrets of his client. Even in cases where the discovery of the secrets of the client is done recklessly, in which case, it would be out of the criminal above, to the extent that that lack of discretion has generated injury, the customer would may initiate a civil action for damages resulting from the liability it incurred the professional to his fault cause a harmful event.
This broad recognition provided by the law both to respect the legal privilege to civil and criminal penalties when is violated, is even greater from the standpoint of ethics. Article 10 of the Code of Professional Ethics, after qualifying professional privilege as a duty and a right of counsel, states categorically that, in relation to clients is: "a duty that lasts at all, even after they ceased to provide services "... The following article states that the obligation of professional secrecy covers confidential information given by third parties and counsel arising out of talks for a failed transaction covering also those of colleagues. Our jurisprudence has recognized that legal privilege covers not only his person, which can not be subjected to pressure, but also his professional studio where they work and save documents entrusted to their customers. Constitutes an abuse of search warrant and registration of study from an attorney in order to remove materials from their customers and therefore are part of professional secrecy is imperatively required to save.
According to most authors, the attorney may excuse their legal liability (civil and criminal) in the following cases:
a) When the consent of the informer. The consent of the victim would exclude the unlawfulness of the act, so the behavior would to be illegal, disappearing the foundation of a possible criminal and / or civil liability.
b) damage to an innocent third party. When the revelation of the secret can save from a conviction of an innocent, without generating damage to the confident, based on principles of material justice, is running for the extinction of all responsibility by the attorney.
c) Indictments serious lawyer. In order to be exempted from making false accusations and serious lawyer ceases its legal obligation to keep a secret if its disclosure is the only way to prove his innocence.
The violation of professional secrecy in these cases but does stop any legal responsibility does not preclude the survival of ethical responsibility in accordance with the provisions contained in our Code, an obligation which, in relation to customers, remains at all, as stated. So strict position that derives from the legally protected in these cases not only the right to personal privacy but of public policy confident that requires the absolute safety and protection of the interests associated with the right of defense. Except for extreme cases, then, confident or authorization of or damage to an innocent third party right or to the professional release of the obligation to maintain the reserve.
For some it is legitimate to reveal the secret authorization granted by the Council of the Order at the request of lawyer concerned. Even if such a request followed by an affirmative answer to the Order would ensure the absence of counsel reproach, it is difficult to imagine in practice because in order for the Council of the Order unable to be in a position to relieve him of his obligation of confidentiality should have sufficient information to decide, implying prior disclosure of the secret.
On the other hand, the essence of the lawyer's professional duty is to be a servant of justice and an associate of his administration, as indicated in article 1 of our Code of Professional Ethics. From this flows the obligation to take into primary consideration the interest of the proper administration of justice which is an ancillary activity. Here comes a very clear conflict of interest is not always an easy solution. Some of these conflicts are solved explicitly in the law, as with the obligation to testify, which may be excused in secrecy assured.
should be excluded of course, the framework of professional secrecy, the query followed by the confidence made by those who prepare fraudulent or criminal action. Along with the refusal to acquit, the attorney is ethically obligated to report such fact. This situation changed radically when confidences are hand delivered to counsel after of perpetrators.
more reason to be excluded from the scope of privilege those records that are related to unlawful acts or situations where counsel has been actively involved as a perpetrator, accomplice or abettor, because in these cases general rules governing the accused. It is clear however, that the lawyer can never becoming a suspect in a criminal act when the only history that is wielded against him from his professional involvement flowing clearly not the knowledge of the illegality of their party. The situation is different
attorney running or carrying out acts to ease offenders the use of the effects of a crime or misdemeanor of which commission known. In these extreme cases the obligation to report the attorney is limited only to acts of their own and even if somehow to disclose affected the confidence of one who was his client. Require the mandatory declaration when it affects the defendant attorney privilege, as well the renowned teacher says Carrara, would pretend to do justice through an immorality, a view to which I subscribe fully.
Consistent with what has been exposed to the Law No. 19,077, published in the Official Gazette on August 28, 1991, which introduced Article 269 bis of the Code Criminal Procedure, creating the figure called "Obstruction of Justice, expressly excuse the attorney's responsibility to refuse to provide background courts know for professional reasons and that may help to establish the existence of a crime or punishable participation particular person.
In the collision of interest that may arise between the duty of professional secrecy and the obligation to cooperate with justice must prevail usually the first, the only way to protect the functionality of the profession ensuring everyone their freedom to function against attorney trust and free of any concern.
All this, with the exception that no principle is worth before a real, personal and deep moral conviction of the lawyer, about the need to say what is forbidden as this avoids a greater evil can not be remedied otherwise.

Madrid, October 15 / The President of the General Bar Council has expressed confidence that the reconciliation of European Parliamentarians and ECOFIN (Council of Ministers of Economy and Finance of the Fifteen) on Money Laundering Directive culminate in the ratification of legal privilege. Carlos Carnicer "is unacceptable for a lawyer, as such, participate in the commission of a crime of money working or advising on how to do it, since then we are talking about a criminal and not a professional. "Within the text to reconcile" where they will cause problems is determining when the lawyer can "know" exactly when the customer wishes to use his legal expertise to commit a crime ".

According Carnicer" The wording of the draft Precept prepared by the Conciliation Commission has three assumptions: The first entails the active participation of counsel in the crime of money laundering and, therefore, already today, is absolutely interdicted by the rules Criminal Code of Ethics, English and English for Lawyers. "In the second case requires some legal advice and that the attorney is aware that the client uses it to commit a crime, which, too, was being punished by the Penal Code and of course the ultimate sanction of law, such as the expulsion of the race. "

"Implementing the third course," the petition when the lawyer knows his client is seeking advice to launder money "- literally has not been picked by the Code of Conduct for Lawyers," said the President of the English law, "but is a crime, as positive, when the lawyer knows for sure that his client intends to use the legal advice to commit a crime,-which would also fall in previous cases. In what is going to cause problems is in determining when the lawyer can "know" for sure this circumstance. "

" In any case, the draft EU directive sanctioning professional secrecy of lawyers, law as a superior value and justice, it should be borne in mind that under this provision, are exceptions to the general rule and that has to be interpreted very restrictive. "In short, citizens justice and the rule of law must maintain our confidence in the legal privilege that has nothing to do with criminal activities that we all must fight, "concluded Carnicer.

CONCLUSION OF CONTRACT


1. FOR COMPLIANCE WITH THE OBJECT OF THE CONTRACT: Upon completion advice, or legal process.
2. BY WAIVER: It is a unilateral resición. On the resignation of attorney to carry out their acts abogadicios. The notice of resignation must be reliable. In judicial proceedings, the practitioner will be released to act on the expiration of the term of the certificate for which you are notified. In both must continue to attend in defense of their rights.
3. FOR REMOVAL OF ATTORNEY: This is another kind of unilateral resición happen when the client decides to remove the lawyer to assist him.

GENERATED ACTIONS

favor of the professional:

1. Termination of the contract, when necessary to obtain the termination of the contract.
2. Charging fees, when the same are not paid by the customer or the enemy, and they come from a contract or fee regulation.

favor of the customer:

1. Damages for the negligent act or omission of the duties of his office.
2. Termination of the contract, in the case of professional subscriptions. FERNANDEZ