Most of social relations which a person takes part in every day are regulated by the rule of law. Starting from the simplest ones (purchasing goods, driving a car, etc.) and ending with complex procedures (for example, additional issue of securities by a private joint-stock company) – all these transactions are regulated by the law of one or another level. That is why, before making a deal, it pays to get some legal advice. After all, after its completion, the client receives:
- a clear understanding of the current situation;
- probable ways out of the situation and the legal consequences of each of them for the client;
- ways to avoid similar situations in the future (if the situation is negative for the client).
The form of legal advice can be as follows:
- oral consultation: provides for individual communication between a legal counsel (lawyer) and a client in a previously agreed place (office of a law firm or client’s office);
- written consultation: is set out in a paper document or electronic form with a mandatory reference to the provisions of law and recommendations for the client. Usually signed by the head of the law firm;
- online consultation: involves communication via text messengers or via a webcam, without the need for a personal meeting which is especially important under quarantine and martial law.
Each of these forms has its pros and cons. For example, a one-to-one oral meeting is best suited for family and criminal law consultations. Along with this, advice on the most appropriate form of taxation for an individual entrepreneur can be provided online no less effectively.
Prior legal advice: a necessity or a waste of time and money?
The experience of our clients demonstrates that one should seek advice from a qualified lawyer, and not engage in “self-treatment”. It is also best to consult a lawyer even “before” the onset of a problem. After all:
- a lawyer will objectively and without emotion assess the situation from a legal point of view, explain your rights and obligations;
- a lawyer has special knowledge in the relevant area of law (legislation is constantly changing, and therefore it is not easy for an ordinary person to follow all the changes);
- a lawyer constantly practices his activities, therefore he knows not only the “theory”, but also knows how to apply it in real life;
- a lawyer consults with his professional colleagues, which enriches the consultation, makes it more complete.
Payment for legal advice
Legal advice by its nature refers to primary legal aid. It can be both paid and free.
All persons under the jurisdiction of Ukraine have the right to free legal assistance.
In accordance with Article 9 of the Law of Ukraine “On gratuitous legal aid”, the subjects of provision of gratuitous primary legal aid in Ukraine are:
– executive authorities;
– local governments;
– individuals and legal entities of private law;
– specialized institutions;
– centers of free secondary legal aid.
As for paid consultations, they can be provided by legal counsels , lawyers, notaries and other legal professionals.
In accordance with the Law of Ukraine “On Advocacy and Lawyer Activity”, a lawyer (as well as a legal counsel) determines the amount of the fee for his services, including for legal advice, at his own discretion. The amount of the fee takes into account the complexity of the issue, the time spent on its solution and other significant circumstances. At the same time, most lawyers and legal counsels have a fixed cost per consultation or a fixed cost per hour.
To sum up: legal advice is one of the types of legal assistance, the receipt of which allows the client to correctly assess the situation, consider the pros and cons of the transaction and make the right decision. Getting legal advice “before” a transaction is always better than “after” it. Paid or free legal advice is the key to the success of the transaction, because the client receives the result he expected without unpredictable surprises.