How do I get rid of this subject
Revocation of the mandate, the formula of the letter to send to the lawyer, the code of ethics, the relationship with the client and the professional
The customer is always free to waive the attorney previously appointed, revocandogli the professional mandate.
The relationship that binds the solicitor to his her client is, in fact, based on personal trust, professional, mutual, and when this is lacking it is necessary to take measures in this regard. The reasons which lead to this decision are many, to example the absence of the fiduciary relationship between the parties, the choice of the customer to be assisted by another professional, the discrepancy of views about the preparation of the scheme of defence, the general dissatisfaction about the work of the lawyer, and so on.
The bond which binds the two parties arises from the contract of mandate, a contract by which one party, the assignee, is obliged to carry out one or more legal acts on behalf of another party, the principal.
The attended, informed about the mode of action, the defensive strategies developed and on the whole with regard to the development of the assignment, signs the power of attorney ad litem, in the civil area, and appoint the lawyer, in aspects of criminal law.
In both cases, the time prior is extremely important because it determines the willingness of the customer to rely on the work of the professional. But what happens when this willingness is not there anymore, how you can revoke the attorney. The forensic code of conduct, that is, the code that indicates the criteria of behaviour of the attorney in the course of their professional activities, highlights how the mutual trust is the key element of the legal relationship with the assisted person and, as such, in the absence thereof, its continuation is really impossible. In the constancy of the relationship, if customer is not satisfied with the activities carried out by the professional, because, for example, complain they do not receive sufficient information about the progress of their legal proceedings or because you do not approve of the behaviour, it can decide to revoke it. For the withdrawal is simply a statement which expresses unwillingness to continue on the path undertaken. Therefore, the said revocation of the lawyer can be done both in written form and oral form but, for obvious reasons of opportunity, it is generally preferred to use the written form, by sending a registered letter to r, in order to have feedback on receipt, or email with a certified electronic mail. Otherwise you can write a letter and deliver it to the hands of the professional, taking care to get to sign a copy for knowledge. The communication, drawn up by the customer and transmitted to the trader, is the act by which he puts an end to the legal relationship arose between the parties. It should be noted that, once you have submitted the withdrawal, the customer is obligated to pay the attorney fees accrued, whereas, it is the obligation of the lawyer the return of the documentation relating to the assignment and in the event of subsequent communications, their immediate transmission to the parties concerned. The lawyer may not subordinate the return of the “cards” for the payment of his own fees: this would constitute unlawful conduct, is punished by the order of the lawyers of territorial jurisdiction. Also, once revoked the mandate of the trial, the lawyer, the previous must provide the customer with a short summary of the state of the cause in which it is located (name of the court, the number of role, of the next hearing and of the activities carried out), in order to allow those who will replace a ready defense of the client. (Name and Surname), the Preg. with reference to the post by me given in date, in connection with (briefly describe the position), I come to inform you, pursuant to art. of the Civil Code, of my intention to withdraw from the contract stipulated with You and cancel the mandate. I therefore ask you kindly to return to me the documentation to my case, and to send me the note of expenses relating to the compensation to You due to the activity up to now paid. The letter must be sincere is it okay if we expose the reasons for which you want to revoke the mandate, or there are instances that subsequent to it. suppose the case (concrete) that the customer has notified the attorney of the revocation of the mandate, leaving her as well to documents in the file, making it the judge in the civil case, and that the lawyer, after a few months in which he continues to communicate the measures at his former assisted, ceases to do so, even in the absence of an effective replacement, therefore preventing the client to act in terms of an opposition or an appeal. Can in this case, the customer's disability of the right of defence to have recourse to be brought to terms. In fact, the case is more complex, but I had to limit it for obvious reasons.
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If you have taken money by offering counseling, if he did pretend to do things that are becoming to pay is guilty of fraud. not so rare among so-called professionals of the forum if, -with the motivation of being in a hurry to have to “expensively” to constitute a judgment - between contracts and private contracts, end up doing the interest of the other how to behave. Hi, I have been made to sign two special powers of attorney together with other proceedings where I have realized what I have done, because they are not been clarified, I believe He there are agreements between attorneys without my knowledge what can I do to turn to the misconduct by the lawyer, The lawyer not doing his job well is likely to incur in the crime. As regards the civil liability of the lawyer, if he does not guarantee the reliability of its performance can ask for damages, and even quote him in judgment. The law provides for a special case in which the attorney is not doing his job well risks even the prison: refers to the crime of legal aid or advice unfaithful. The penal code punishes the advocate or technical adviser who, becoming unfaithful to his professional duties harms the interests of the part to him, the defence, assisted or represented before the judicial authorities. When the attorney violates the rules of the forensic code of conduct and do not comply with the duties to which he is bound vis-à-vis the customer, you can report him to the council of the Order of lawyers and this will put in motion a disciplinary procedure against the legal abuse. I went in person to give me the cards and hand-deliver the revocation. Has not accepted the withdrawal, I have ead that I would have called in days, something that did not. Being that I was made to sign two sheets of white for the job, I don't know what we have written, and then I don't have any reference to write in the letter to send registered mail. The relationship of trust that characterises the mandate given by the customer to the trader, means that the first to revoke the task previously given, at any time and independently from the right motivation or particular. Of course, this is not a personal interpretation, but a rule is specifically required by law. In other words, if you signed the so-called power of attorney ad litem to sue someone, and also a quote that contains costs and fees agreed, you are still free to dissolve any engagement with the attorney so appointed. Remember, however, that the revocation of the lawyer will not prevent the latter to have the right remuneration for the service is there performed, and the reimbursement of expenses incurred during the term. In addition, the new legal says he can't take on the assignment if you do not first go away from this lawyer, and if not that gives me the cards then he will have to see.
