When do you need the assistance of a lawyer?
As soon as one is put in examination, i.e. officially shown infringement which gives place to the legal instruction. Very often, a suspect is initially heard as witness, artifice which makes it possible to deprive it of the presence of a lawyer who would advise it in the answers to be made with the examining magistrate who carries out the survey. In this type of interrogation, one can refuse to answer any question and to say that one will speak only in the presence of his lawyer.
In the same way, in theory, one can have access to a file where one is blamed, which if one is accused. But article 104 of the Criminal procedure code modified by the law of December 30th, 1987 makes it possible to make profit from the statute of assisted witness (with lawyer) “any person, by name aimed by a complaint, together with a constitution of civil part”. This person will be able, on her request, being heard like witness and to have access to the file.
When you are continued, stopped or shown of a crime, keep at the head that people take lawyers for the council and the expertise in all kinds of situations. You will be able to obtain an answer to legal problems without taking a lawyer, but always recall you that when you represent yourselves, you could have an “imbecile for a customer”, like known as the saying.
One of the first things to be wondered while deciding to consult a lawyer is: “What is concerned”? When your finances or freedoms are in a true danger, the obvious answer is to obtain a legal aid. But what calls you one “a true danger”?
An ordinary fine of parking is a distortion with the law, but you do not need to consult a lawyer to pay the fine. However, if you accumulated a certain number of statements unpaid and that the ushers threaten to prosecute you, you would like to probably have a lawyer to help you to find the best solution and to perhaps save your money or to even avoid you the prison.
During the good time as well as in the bad ones, the individuals and the companies request council from their lawyers to include/understand and fix legal rights and financial interests. The lawyers help of the customers with negotiations of planning and businesses, strategies and transactions. With the good legal council, the customers are better been willing to satisfy and direct the complex labyrinths of the laws.
It is also, much easier to be devoted fully to its activity after having consulted lawyers experienced for important companies such as the tax and planning, the negotiations of businesses and the personal subjects of family such as adopting children…
What do you have to take into account before taking a lawyer ?
To speak with a lawyer can be the best thing than you can make if you think of having legal problems that you cannot solve yourself. If you are convincing, you can probably arrange a free consultation with a lawyer who will speak to you about the business.
Some conflicts can be solved by employing increasingly popular solutions such as the mediation or the arbitration.
With what responsiveness should you consult a lawyer ?
In many situations, it is obvious that you must act quickly. But even if you think of having time to consider alternatives. Thus, it is always better to start to seek a lawyer as soon as possible.
If you were wounded in an accident, maintain in your spirit that there are deadlines on your rights for legal proceedings. These “statutes of the limitation” change considerably according to each case and depend on the fact and the type of each case. Sometimes, the law requires of one claiming to inform the potential defendants about any damage during one extremely short period.
If you are not concerned with your rights, you could lose them. You could be annoyed during years with the barrier of your neighbour encroaching on part of your property. But if you wait too a long time without objecting or taking a certain legal action, the law could give to your neighbour the right in the form of prescriptive constraint to leave the barrier in a permanent way on its site.
What is a lawyer ?
The lawyer is an auxiliary of justice who represents, defends, assists or represents in front of a court the private individuals or the companies engaged in a lawsuit. He follows civil cases (accidents, divorces, conflicts with the employers) or penal ones(offences, crimes).
The lawyer informs his customers on their rights and their duties, and gives legal advice or councelling. He informs them about the ways of procedures likely to solve the litigation, helps by amicable agreement to regulate the conflict (for example, within the framework of a transaction with the adversary) or at the time of a lawsuit and informs about the chances of success of a legal procedure.
He can also write informal agreements for others (a document noting an agreement established by one or the other or the two parties and signed by them, and which does not require the recourse to a notary), for example, the statutes of a company or a contract of company.
He also carries out and achieves with the name and for the account of his customers, the steps or formalities.
In the penal field, he speaks to defend the people suspected of an infringement or to represent the interests of the victims, throughout the procedure.
The presentation of his pleading (side defence) or of his indictment (side charge) is the key period of the lawsuit for a lawyer. It is indeed at this time that it must be shown particularly convincing, to argue most effectively possible, and not to let themselves be dismounted by the opposing party in order to as well as possible defend the interests of its customer.
In the civil field, the lawyer achieves the acts necessary to the procedure and prepares “conclusions” which expose the claims of his customer in fact and right. These conclusions are communicated to the adversary, so that it can answer it, and reciprocally.
He represents the justifiable one in front of the court (he “postulates”), and carries out the formalities of the lawsuit on his behalf.
The lawyer is held to respect a set of professional rules and duties, under penalty of radiation by the order of lawyers. Held with the professional secrecy, he is the confidant of all the difficulties by the way of which he has a duty of confidentiality and must be able to adapt to any situation. Organized and rigorous, it has a duty of information with respect to its customer. It swears oath to respect them as soon as it reaches the profession. Charismatic character, it is characterized by his talents from speaker and his strong capacity from persuasion. Balanced, reactive, it can manage the tensions, in particular at the time of the audience, and be called in question, especially when it begins. Other competences required: excellent editorial capacities and a total control of the legal texts.
Certain lawyers are specialized in a field, for example in the defence and the council of the minors or the intellectual property or the beams rural.
The lawyers take part finally in the access to the right, by giving free legal consultations for the most stripped in the law courts, the houses of justice and the right and the town halls.
How to become lawyer ?
It is initially necessary to be titular of a (Masters 1st yr) in law or one of the diplomas recognized like equivalent by decree of the Minister of Justice and the Minister of Education.
It is then necessary to make a success of the regional examination of entry with centre of professional training (CRFP), which is organized by the universities. This examination can be prepared within an institute of legal studies (IEJ).
The training is organized according to three modules:
A six months formation, delivered by the regional centres of professional training, is devoted to the lesson relating in particular to the statute, the deontology and the practical aspects of the exercise of the profession. This training is common to all the pupil lawyers;
A module from six to eight month is devoted to the realization of an individual teaching project. This module must encourage the pupil lawyer to define his personal choices and to prepare its professional integration consequently;
During the third period, the pupil lawyer undertakes training course near with a lawyer.
At the conclusion of this formation, the students are subjected for the examination by exit: the Training certificate with the Occupation of Lawyer (WRAPPED). As of obtaining WRAPPED, they can request their inscription in the table of the bar of their choice.
Each year, approximately 2200 lawyers swear oath.
The examination of entry at the regional centre of professional training of lawyers (CRFPA) can be presented only three times.
Continuing education aims to ensure the update and the improvement of knowledge of lawyer registers in the table of the order. The duration is twenty hours during one calendar year or forty hours during two consecutive years.
Income
The income of lawyers varies according to the activity, the fame and the localization of the cabinet. The lawyer perceives free fees, fixed in agreement with his customer. The amount of the fees is fixed freely and can be the subject of a contract written as of the first maintenance: the “convention of fees”.
The two most current systems are :
Remuneration with the fixed price (by file or subscription);
Remuneration at the time spent, on the basis of time rate which depends, in particular, of the complexity of the business, as well as speciality, notoriety and structure of exercise of lawyer. Proposed by the http://www.metiers.justice.gouv.fr/ site
What is your final goal ?
It is an easy question if you are marked of a crime or victim of one’s swindles. In this case, your goal is to keep your money or to avoid the criminal sanctions.
In other situations, your objective can be less clear. If your employer fired you, you will be able to want to recover your work. If you suffer from the damage of a defective product, you could wish to recover an amount of money. You can also be confronted with a situation where you must seek an injunction against somebody. Think of these things before seeking a lawyer.
You must be realistic about your chances of profit and that your case is worth the sorrow of it.
If you are not sure of your rights, that can be worth the sorrow to take a lawyer to evaluate your situation and to help you to defend your rights. Even if you must pay a few hundred euros to consult a lawyer, it could be a very wise investment.
What type of lawyer do you need?
Many lawyers specialize in a particular field. Other lawyers handle a range of subjects.
In knowing a little on the legislation will help you to become a smarter customer. Criminal law to the family rights through tax…, Findfrenchlawyers.com provides you very useful information which can help you to make better decisions with regard to your legal issues.
As of now, Share your experiments and respond through the Forum |
