Head of practice
Attorney. Specialist in commercial and labor law. Over 16 years of experience in legal support of businesses - debt recovery, contract enforcement, recovery of damages, commercial property and lease disputes.
Lawyer’s request for salary
A lawyer’s request is one of the key tools that allows a lawyer to effectively perform his work. In accordance with Article 20 of the Law of Ukraine “On Advocacy“, a lawyer has the right to apply for lawyer’s requests to obtain the necessary information and documents from state authorities, local governments, enterprises, institutions, organizations and individuals. Therefore, the latter have an obligation to provide an appropriate response to such a request.
Why is a lawyer’s request for salary needed?
A lawyer’s request allows you to obtain official information about the official income level of the relevant person from the employer (data on accrued and paid salary, bonuses, allowances) and other institutions (information from the Pension Fund). Such a document must be submitted when it comes to:
- consideration of legal cases (will be an effective tool for collecting evidence in cases related to alimony, compensation for damage, debt collection, where accurate information about income is critically important);
- resolution of labor disputes (when there are disagreements regarding unpaid actual wages, incorrect calculation of compensation upon dismissal);
- proving financial insolvency (in particular, in cases of bankruptcy).
Requirements for a lawyer’s request for salary
What should be indicated in a lawyer’s request?
In order for this legal instrument to be effective and meet the requirements of the law, it must contain certain mandatory elements specified in Article 24 of the Law of Ukraine “On the Bar and Advocacy”. Therefore, the mandatory components of a lawyer’s request are:
- full name and details of the addressee;
- addressee’s data, number and date of issue of the certificate of the right to practice law;
- reference to the client;
- reason for submission, i.e. a clear justification of the need to obtain salary data;
- specific period for which the data is requested;
- list of information that must be provided (for example, the amount of the accrued fee, deductions, etc.).
A copy of the certificate of the right to practice law and a warrant (authorization to provide free legal assistance), certified by a lawyer, must also be provided with the specified document.
How long does it take to respond to a lawyer’s request?
When a lawyer sends a request, the employer, or any other institution that receives it, is required to respond within a clearly defined time frame. These time frames may vary depending on the nature of the request and the volume of documents requested. In general, a response must be provided within:
- 5 business days
- 20 business days (in cases where the employer needs significant time to search for information and subject to written notice of an extension of the general time frame).
When can information on a lawyer’s request for salary be refused?
The main grounds for refusal are as follows:
- the requested information has limited access, is classified as a state secret (for more details, see the Law of Ukraine “On State Secrets”);
- the document does not concern legal assistance to the client (the lawyer did not provide a warrant, a power of attorney to confirm the provision of his services);
- the absence of necessary attachments (in particular, copies of the certificate of the right to practice law);
- the requested information is not available to the addressee (for example, if the employee has not worked for a long time, and his data has been transferred to the archive, the Pension Fund).
The refusal must be motivated and justified, indicating specific reasons and referring to the relevant provisions of the law. Otherwise, this will be a violation and will result in administrative liability.
What is the liability for failure to provide or untimely provision of information to a lawyer’s request about the amount of salary?
According to Article 212-3 of the Code of Administrative Offenses for unlawful refusal to provide information, untimely or incomplete provision of information entails a fine, the amount of which depends on the severity of the violation. At the same time, it is also possible to bring the official to disciplinary liability, which must be regulated by the internal documentation of the relevant employer. For more detailed information, we recommend ordering a consultation with our specialized lawyer.
Price for preparing a lawyer’s request about the amount of salary from “Prikhodko and Partners”
The determination of the cost of such a service is based on several key criteria, including:
- complexity of the request and scope of work (will it be one lawyer’s request or several);
- the context of the case itself (will there be a resolution of the dispute with the employer without going to court or representation of the client’s interests in court with the subsequent need to submit relevant lawyer’s requests);
- urgency (if the document needs to be prepared and sent in a very short time).
The law firm “Prikhodko & Partners” is well-known in the Ukrainian legal services market, has significant experience in resolving labor disputes, family cases, debt collection issues, where salary information is critically important. If a lawyer’s request for salary is only part of your complex legal case, our specialists can provide comprehensive legal support, starting from consultation, preparation of the request to representation of interests in court.
Contact them for an accurate consultation and calculation of the cost of preparing a lawyer’s request for salary by filling out the form below.
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