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Medientyp:
E-Artikel
Titel:
Relationship between an advocate and a client: foreign experience
Beteiligte:
Fomina, Oksana
Erschienen:
Kyiv University of Law of NAS of Ukraine, 2020
Erschienen in:Law Review of Kyiv University of Law
Sprache:
Nicht zu entscheiden
DOI:
10.36695/2219-5521.2.2020.56
ISSN:
2219-5521
Entstehung:
Anmerkungen:
Beschreibung:
<jats:p>Relationship between the advocate and the client is a set of interrelated rights and obligations, guarantees and responsibilities.Taking into account the current political trends in the state, it can be noted that one of the most common ways of reforming nationalinstitutions is studying their activity in foreign countries. Thus, in order to find ways to improve the relationship between the advocateand the client under the agreement on the provision of legal assistance, we propose to examine the peculiarities of these relations insuch foreign countries as England, Germany, France and Poland. To ensure the consistency of the study, we propose to use certain criteria,such as: legal regulation of relations, name of the contract on the basis of which legal assistance is provided, names that are usedto the parties of the contract, list of their rights and obligations, types of responsibilities and peculiarities of payment for the advocate’sactivity.The urgency of the selected issues is confirmed by the fact that some of its aspects were examined in the scientific writings ofsuch scientists and practitioners as: N. Bakayanova, A. Biryukova, T. Varfolomeeva, T. Vilchyk, S. Fursa, and others.Studying the foreign experience of relationship between the advocate and the client indicates that there are both common and distinctfeatures. The distinguishing features include such as: presence of several types of professions engaged in the advocate activity;compulsory professional insurance; possibility of settling a dispute between the advocate and the client outside the disciplinary proceedings;admissibility of using the success fee.The point of view on the impossibility of introducing compulsory professional insurance for national advocate in the current contextis justified. The idea about advocate`s file, which has recommended character, is examined.The definition of the concept of “trust between the lawyer and the client” is proposed as a result of the actions of the advocateand the client, which depends on the moral-psychological, personal and professional qualities of the advocate and the moral-psychologicaland personal qualities of the client, and finds a manifestation in the special psychological climate of the relationship which promotesthe quality of the order execution.</jats:p>