Lawyer’s request for documents

A solicitor’s request allows a lawyer to collect the necessary evidence and information for the effective provision of legal assistance. It is filed in almost all cases where copies of necessary documents need to be collected for the proper protection of rights. Sometimes a solicitor’s request also helps to reveal that certain documents are actually missing or have been destroyed, which may be an important fact in the case. Below we will examine in more detail the main features of the specified legal document.

In what cases is a solicitor’s request for the retrieval of documents filed?

Here are the main cases when a lawyer submits a request:

• firstly, in a legal proceeding – to collect evidence (requests contracts, acts, payment documents, certificates, extracts, decisions, orders, etc.);
• secondly, in pre-trial dispute resolution – to form a claim or prepare for negotiations;
• thirdly, when carrying out registration actions (if certain documents are necessary for this) – for example, when registering property rights;
• finally, in order to verify the legality of the actions of a state body or institution – for further appeal if necessary.

What documents and information can be requested by submitting a lawyer’s request?

A lawyer can request a wide range of materials, including:

• Financial documents – invoices, salary certificates, tax returns;
• Contracts and agreements – regarding purchase and sale transactions, leases, loans, provision of services and others;
• Personnel documents – dismissal orders, staff lists, bonus regulations;
• Technical documentation – permits, licenses, technical passports, certificates;
• Other documents and information that may be needed by the client.

At the same time, the Law of Ukraine No. 5076-VI defines certain restrictions on the information that can be provided. In particular, a lawyer’s request is not a means of obtaining clarifications of legal norms, confidential information, state secrets, case materials in criminal proceedings, etc. A correctly formed request, taking into account the restrictions, increases the chances of its satisfaction.

Requirements for a lawyer’s request for documents

Confirmation of the addressee’s identity

Often one of the main reasons for refusal is the incorrect or inaccurate indication of the addressee. Therefore, use the full official name of the organization, institution or enterprise (according to the Unified State Register of Legal Entities). It is also important to address the document not to the office, but directly to the manager. In the event of an unlawful refusal, the lawyer may contact the relevant institution to hold this manager administratively liable.

Requirements for the content and annexes to the lawyer’s request

Although the current national legislation does not contain detailed requirements for a lawyer’s request, there are universal principles that should be followed. Some of them are:

• a clear statement of the circumstances of the client’s case and the purpose of the request;
• substantiation of the grounds for the request;
• adherence to a three-stage structure (introduction, basis, request part);
• attachment of supporting documentation to the lawyer’s request (copy of the lawyer’s certificate, warrant).

If the requested information concerns the client’s personal data, it is also recommended to additionally attach a copy of the legal assistance agreement. This document should contain the client’s consent to the lawyer receiving the necessary documents and information. Particular attention should be paid to the correctness of filling out the warrant, as inaccuracies and errors may cause a refusal (for example, the absence of a number, date of issue, incorrect indication of the type of assistance).

What to do if a response to the lawyer’s request for documents was not provided?

If the response is not provided within the time limit established by law (5 or 20 days, depending on the volume of the requested documentation), the lawyer has the right to take a number of measures to hold the guilty parties accountable. Here is a detailed algorithm of actions:

• first, prepare a second request (refer to the original document, remind about the responsibility and set a short deadline for the response);
• second, file an application with the Bar Council of the relevant region about the commission of an administrative offense, provided for in Article 212-3 of the Code of Administrative Offenses;
• third, wait for the preparation of the protocol and submit it to the court at the place of commission of the relevant offense;
• finally, obtain a court decision.

Preparation of a lawyer’s request for the retrieval of documents by a specialist of the Law Firm “Prikhodko & Partners”: why should you choose us?

The law firm “Prikhodko & Partners” offers its services in various areas of law. Our lawyers prepare and submit lawyer’s requests in various directions, initiate procedures for holding relevant persons and institutions accountable. Our team will be useful to clients, taking into account:

• experience and in-depth knowledge of the legislation;
• guarantee of correctness of execution;
• a comprehensive approach and “turnkey” legal support (from consultation to representation in court);
  reliability and quality of our services.

By choosing Law Firm “Prikhodko & Partners” to prepare a legal request for the retrieval of documents, you choose qualified assistance, efficiency, and confidence in the protection of your rights. To find out the cost of a lawyer’s services, fill out the form below.