How much does a lawyer request to the police cost?

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How much does a lawyer request to the police cost?

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One of the ways of obtaining data and information from representatives of state bodies by representatives of law offices and companies is a lawyer’s request. The main purpose of submitting a lawyer’s request is to exercise the client’s right to receive quality legal assistance. Current Ukrainian legislation allows a lawyer to demand the provision of almost any information.

If you need to get relevant information, lawyers Prykhodko and Partners will help you with this. In this article, we offer you to consider the main features of drafting and submitting a lawyer’s request to the police.

 

Lawyer request: legal framework

Submission of a lawyer’s request is an inalienable right of a lawyer.

It is regulated by the Law of Ukraine “On Advocacy and Advocacy” (Articles 20 and 24). A lawyer can address his request to:

  • Natural persons.
  • Representatives of law enforcement agencies.
  • Enterprises.
  • Bodies of local self-government, state power.
  • Parties, public organizations.

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The law defines the following:

A lawyer’s request is a written appeal to the institutions and organizations indicated above.

At the same time, it does not matter at all what form of subordination or ownership they have. A lawyer’s request opens up opportunities for:

  • Obtaining copies of documents.
  • Acquaintance with the information that a lawyer will need to provide each client with quality legal assistance.

Any lawyer’s request is supported by copies of the following documents:

  • The right, which is a confirmation of the possibility of practicing law.
  • A mandate or warrant, according to which legal assistance is provided.

 

Can a lawyer’s request be rejected?

Current Ukrainian legislation provides for liability for the lack of any response to a lawyer’s sent request. The second part of Article 24 of the Law of Ukraine “On Advocacy and Advocacy” provides for the following deadlines for providing information upon a lawyer’s request. This term is no later than 5 working days from the moment of receiving the request. The exception is documents and information that have limited access.

Provided that the lawyer’s request is accompanied by the provision of a sufficiently large volume of information, the term of consideration of the lawyer’s request can be extended up to 20 working days. At the same time, there must be justified reasons for changing the terms of consideration.

Current Ukrainian legislation provides for administrative liability, i.e. a monetary fine, for providing incomplete information. In order to prove in a court of law the fact of violation of the terms of providing information at a lawyer’s request, the lawyer must provide relevant evidence.

In addition, criminal liability is provided for obstructing the legal profession (part one of Article 397 of the Criminal Code of Ukraine). However, this is most likely an exception to the rule. Administrative responsibility is most often used.

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Important: the lawyer’s request cannot refer to the provision of clarifications and consultations on the provisions of the current legislation.

If information and copies of documents are provided as part of criminal proceedings, the procedure is carried out in the order established by the criminal procedural law.

Thus, a lawyer’s request to the police and other representatives of state bodies allows obtaining sufficient information for the possibility of providing effective legal assistance to their clients.
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