Response to lawyer’s request

Some managers, responsible persons at the enterprise, institution, organization may underestimate the legal force of a lawyer’s request, considering it as an ordinary request. However, it is a very important tool that lawyers use to protect their clients, and ignoring it or responding untimely entails legal liability.

Most employees do not have sufficient knowledge of the requirements for a response to a lawyer’s request, do not understand how to properly prepare and submit it. In addition, processing a significant number of lawyer’s requests can create a burden on staff and the business as a whole. Lawyers at Law Firm “Prikhodko & Partners” not only prepare such requests, but also help state bodies and enterprises provide legally correct answers to requests from other lawyers.

Criteria for compliance with the law of a lawyer’s request: the importance of verification

When you receive a request for a lawyer, the first and key step should be to thoroughly check it for compliance with legal requirements. This is not only a matter of formality, but also a guarantee of the legality of your actions. An incorrectly drafted request for a lawyer can also be grounds for refusing to provide the relevant information.

The identity of the lawyer

It is important to check the lawyer, in particular, documentary confirmation of his competence and authority. Make sure that a certified copy of the lawyer’s certificate is attached to the request, as well as an order to provide legal assistance to the person in whose interests the request is filed. This is a key stage before moving on to the next one.

Content of the request for a lawyer

Here you need to make sure that the following details are present in the request:

• the exact and full name of your organization, enterprise, director;
• a clearly stated purpose for submitting the request;
• a detailed list of information and documents that are required;
• the lawyer’s signature and seal (the latter, if available).

It is also important to make sure that the application does not contain a request to provide information that is classified or contains a state secret. To obtain more detailed explanations on this issue, we recommend that you contact our specialized lawyer for advice.

When (not) can a response to a lawyer’s request be refused?

A refusal is possible only if there are legal grounds. Among them are the following:

• requested information with limited access (for example, a trade secret);
• the lawyer’s request does not meet the requirements of the law regarding content or design;
• the lawyer who filed the request is not certified or does not have a contractual relationship with the client.

It is very important to understand: according to Article 6 of the Law of Ukraine No. 2939-VI, access to the following categories of information cannot be restricted:

• use of budget funds;
• disposal of state and municipal property;
• results of inspections and official investigations, etc.

Preparing a quality response to a lawyer’s request: practical advice from a lawyer at “Prikhodko & Partners”

Receiving a lawyer’s request requires a competent approach from any organization, institution or enterprise. Below, our lawyers list the subtleties that should be taken into account when preparing:

• provide only copies of the requested documents (with their correct certification);
• make sure that all the data provided is true;
• present the information concisely, exclusively within the request part of the request itself;
• the response must be signed by the manager (even if the request itself was addressed to the office);
• always make copies of both the received request and the sent response (with date and number);
• register lawyer’s requests in the document management system.

By what deadline should the response be prepared?

As a general rule, the addressees are obliged to provide a response no later than five business days from the moment of receiving the request. At the same time, the consideration period may be extended to twenty days if the requested information is of a significant volume and requires a comprehensive search.

How can the team of the law firm “Prikhodko & Partners” help you prepare a response to a lawyer’s request?

The team of the company “Prikhodko & Partners” can provide professional assistance to ensure legality, efficiency and avoid potential problems when preparing a response to a lawyer’s request. The services of lawyers will include:

• legal analysis of the lawyer’s request for compliance with the legislation;
• assessment of the legality of the requirements;
• drafting a reasoned response;
• ensuring the completeness and reliability of all data provided;
• monitoring compliance with the deadlines established by law for providing a response;
• representation of interests in court in case of disputes regarding the “illegality” of the refusal to provide information or documents.

Fill out the form below, get a consultation from our lawyer, and find out the price of high-quality preparation of a response to a lawyer’s request today!