Civil Law Legal Assistance, Lawyers Study Guide (Revision)

This chapter examines issues surrounding transnational access to evidence, witnesses, and suspects. More specifically, it considers whether the evidence can be transferred between nation-states without negatively affecting the legitimacy, fairness, and reliability of the fact-finding procedure. The focus is on basic questions arising from the conflict between the criminal justice systems’ genuine interest in comprehensive and reliable fact-finding and the specific restrictions on fact-finding when evidence exists beyond a state border. The chapter first traces the historical roots of transnational access to evidence and provides an overview of current legal practices before using the German and U.S. legal frameworks as case studies to illustrate the impact of mutual legal assistance in a civil law and a common law jurisdiction. It then outlines new approaches to transnational access to evidence such as the framework of the European Union, with emphasis on safeguards for reliability and fairness of fact-finding.

Download Full-text

On the Civil Law Nature of an Agreement on Rendering of Legal Assistance by an Attorney Once Again

CIVIL LAW ◽

10.18572/2070-2140-2018-6-10-13 ◽

2018 ◽

Vol 6 ◽

pp. 10-13

Author(s):

Lev N. Bardin ◽

Keyword(s):

Civil Law ◽

Legal Assistance

Download Full-text

Features of civil law nature of legal assistance agreement

Law and innovations ◽

10.37772/2518-1718-2020-2(30)-7 ◽

2020 ◽

pp. 50-55

Author(s):

Viktor Popov ◽

Viktoriya Slyvnaya

Keyword(s):

Civil Law ◽

Legal Regulation ◽

Civil Code ◽

Main Body ◽

Legal Assistance ◽

Legal Analysis ◽

Legal Structure ◽

Advocacy Activity ◽

Service Agreement ◽

Work Contract

Problem setting. Today, the conclusion of a legal assistance agreement is directly regulated by the Law of Ukraine “On the Bar and Legal Practice”. But for effective and lawful implementation the parties should also be guided by the provisions of the Civil Code of Ukraine. Therefore, it is necessary and relevant to determine which provisions of the Civil Code of Ukraine fall under this agreement and the relations arising from its conclusion. Target research. The aim of the work is to analyze the provisions of civil law on the differences between work and services, to determine which category of contracts is a legal assistance agreement and which rules of the Civil Code of Ukraine regulate advocacy and this agreement. Analysis of recent research and publication. The issue of delimitation of works and services is debatable among scientists. In particular, such authors as Gnatiuk G.I, Barinov N.O., Shablova O.G., Pushkin O.A., Ponomarenko O.M., Voronyak A.S., Braginsky M.I., Luts V.V. paid attention to this question. The works of such authors as Gavrilyuk M.O., Sviatotska V.I., Tubelets O.K., Rafilska I.S., Yanovska O.G., Biryukova A.M. are devoted to the question of research of features of legal regulation and realization of advocacy activity in Ukraine. Article’s main body. The article is devoted to the legal characteristics and features of the legal assistance agreement, the discussion issues regarding the regulation of these relations by acts of civil law are considered. In addition, the article analyzes the legal content of such phenomena as work and services and the main differences between the service agreement and the work contract to determine the category of relations of the legal assistance agreement. Conclusions and prospect of development. Thus, the characteristics of the legal structure of the agreement between the lawyer and the client are important for the protection of the interests of both parties. Also, having studied all the features of this agreement and various reasoned opinions of scientists on this issue, we can say that advocacy is multifaceted and can take many forms and types, but the legal analysis of these actions still includes it to services.

Download Full-text

The Politics of Limitation of Claims in Poland: Post-Communist Ideology, Neoliberalism and the Plight of Uninformed Debtors

Acta Universitatis Lodziensis Folia Iuridica ◽

10.18778/0208-6069.89.09 ◽

2019 ◽

Vol 89 ◽

pp. 131-160

Author(s):

Joanna Kuźmicka-Sulikowska

Keyword(s):

Social Groups ◽

Civil Law ◽

Social Effects ◽

The Political ◽

Legal Assistance ◽

Legal Aid ◽

Communist Ideology ◽

The Social ◽

Polish Law ◽

The One

The text will present arguments raised by the supporters of two different positions regarding the manner of taking into account the expiry of the limitation period, namely those that are supposed to speak in favor of taking this circumstance by the courts ex officio, and those which prevail to take it into account only in the event of raising the plea of limitation by the one against whom the claim is due. Against this background, a polemical analysis will be made with these arguments, including inquiries about interests of which entities or social groups are implemented and protected for each of these solutions. It will be shown that some of the arguments put forward actually emphasize that the institution of limitation is to serve not so much as a party involved in a given claim (creditors or debtors), but rather institutions of the judiciary. It will also be shown that the solution currently in force in Polish civil law, within which the taking into account of the fact that a given claim is time-barred is possible only if the one against whom the claim is entitled raises the relevant claim of limitation, in fact prefers only the more affluent and better educated social strata, deepening the social exclusion of those who, due to, for example, worse property status, do not have the necessary knowledge, nor can afford to take advantage of legal aid. The latter, in effect, often do not plead the expiration of limitation period, because they do not know that they are entitled to it (in general, or are unable to assess when the claim became due, at which point the limitation period began or has ended). Polish civil law is a good example here for considering, firstly, that in the 20th century the regulations concerning the limitation of claims were changed several times, and each time a discussion on how to consider the expiry of the limitation period came to life (which provides rich argumentation with which one can confront) and also because historical and political entanglements play a significant role here. Namely, the text will show that the main resistance against taking into account the expiration of limitation period ex officio (which is a solution that protects the poorer people who can not afford legal assistance) is due to the fact that this solution, which was in force in the original version of the current Polish Civil Code, was modeled on the solutions of Soviet law. This means that after the political change in Poland in 1989, it was automatically attempted to eliminate it, and replace it with a solution used in European countries, where only if the one against whom the claim is entitled raises the relevant claim of limitation, even without any reflection on the substantive legitimacy of such a change and without analyzing the practical social effects of a solution, within which the expiry of the limitation period only is taking into account on when relevant plea is raised, not ex officio. Immersion of considerations in the realities of Polish law will also allow to show interests that have recently clashed on the occasion of the regulation of electronic writ-of-payment proceedings. In this example, it will be shown that despite the legislator making certain facade measures to protect the interests of people with less legal awareness and poorer, who can not afford to get help from a lawyer, in fact, many gates have been left, which question the reality of striving for such protection, because they allow to sue for the claim after the expiration of the limitation period in this proceeding. In this context, the latest change in Polish civil law in this area was also discussed, that is, the Act of April 13, 2018. On the basis of this Act, there has been a return to taking into account the expiration of the limitation period ex officio, but only if the entrepreneur sue the consumer. In the remaining scope, a solution was left within which the expiry of the limitation period is taking into account only when relevant plea is raised.

Download Full-text

The prospects for legal expenses insurance as a mechanism of ensuring availability of legal services in Russia

Law Enforcement Review ◽

10.24147/2542-1514.2017.1(3).82-89 ◽

2017 ◽

Vol 1 (3) ◽

pp. 82-89

Author(s):

Vladislav Panchenko ◽

Anastasia Mikhaleva

Keyword(s):

Civil Law ◽

Comparative Law ◽

Legal Services ◽

Financial Risks ◽

Legal Assistance ◽

Legal Doctrine ◽

Foreign Countries ◽

The Subject ◽

Similarities And Differences ◽

The Right

The subject. Nowadays a variety of civil law studies actively discusses the issues of insuranceregulation. However, legal expenses insurance is unknown to Russian legal doctrine andpractice. The research focuses on legal expenses insurance.The purpose of the article is to reveal a potential that legal and economic instruments have incomparison to other guarantees of unobstructed enjoyment of the rights and legitimate interests.The methodology. It is a comparative law approach that allows to describe the peculiaritiesof legal expenses insurance in foreign countries, outline the criteria to match the existingmodels, determine their similarities and differences as well as benefits and drawbacks. Economicanalysis of law is helpful to evaluate the convenience of a new tool for citizens andits influence on the level of their legal expenses.The results, scope of it’s application. As a result, the article argues that legal expenses insuranceimproves the financial accessibility of qualified legal assistance and stimulates legalactivity, since it does not impose any formal restrictions on the clients, the content of thecontract or the sphere of its application. Meanwhile, the research formulates and characterizessome difficulties that may occur in the course of introduction of this institution toRussian law. Primarily, such obstacles include the low level of insurance culture, the needof significant amendments to legislation in force and the lack of professional expertise inthis field. Despite different political and legal obstacles, it is necessary to create an effectivemodel of legal expenses insurance in Russia in order to improve Russian legal system andform the culture of getting legal services in time.Conclusions. The insurance mechanisms provide citizens with an opportunity to minimizetheir legal and financial risks connected to unforeseeable situations, which require coveringcosts of professional legal assistance. The authors conclude that legal expenses insuranceis able to become an additional guarantee to the right to qualified legal assistance in caseof appropriate adaptation to current conditions of Russian legal life and legal mechanisms.

Download Full-text