Service to Lawyers
September 23, 2022 2022-10-03 12:28Service to Lawyers
The reform for the exercise of the profession of lawyer in Albania is proceeding with fast and concrete steps. The law on the profession of lawyer is already the fundamental act that guides the administration of the National Chamber of Advocacy towards best, contemporary practices and an organizational transformation, where services to lawyers and applications for lawyers take priority, and an efficient appeal system. This radical change does not happen overnight, but the foundations have been laid and clearly and irrevocably are working towards a modern model system. The new partnership with active lawyers enables more interaction, requires recognition and honest implementation of rights and obligations on both sides.
Every Lawyer has the right to receive free information about the current legislation and help for its implementation, from the administration of DH.KA
- The administration of DH.K.A has the duty to inform its members about the content, role and importance of the legislation in the field.
- The Department of Service and Registration of Assistants for Lawyers at DH.K.A in Albania has the role of informing and helping all applicants through informative materials, using all means of mass and individual communication.
- Official communication with the members of the chambers is sent to the address declared by him and the personal phone number noted in the lawyer's register.
The lawyer may practice his profession throughout the territory of the Republic of Albania and before any court, prosecution or public administration body.
- The lawyer exercises his profession individually or in cooperation with other lawyers, being organized in law offices.
The lawyer can practice his profession even outside the territory of the Republic of Albania, in accordance with the law of the state where legal aid is provided.
A lawyer, during the exercise of his profession, cannot be, at the same time, a judge, prosecutor, notary, civil servant or employee of the administration.
In any case, the lawyer in the practice of the profession is identified with the number of the permit to practice the profession, as well as his fiscal code or that of the law office where he is a member.
The lawyer, in the exercise of his profession, has the right to request from public administration institutions, in accordance with the law, explanations, data and documents.
The institutions of public administration, according to the competence and legal procedures that regulate the activity of the office, are obliged to fulfill the demands of the lawyer.
In case of non-fulfillment of the obligation of public administration institutions or other non-public entities, the lawyer has the right to submit within 5 days to the court the request for the fulfillment of the obligation through a judicial decision.
The prosecution body, the court, the prison administration and the State Police are obliged to ensure the presence of the lawyer, when the person protected by him, detained, arrested or who is serving the sentence, requests it. In all cases, the presence of the lawyer must be ensured immediately.
The lawyer does not have the right to request and offer legal assistance to a detained or arrested person, without the latter's request.
The lawyer has the duty to exercise his profession with honesty and dignity, to respect the rules of professional ethics and to use all the legal means for the faithful protection of the rights and interests of the persons who are protected or represented by him.
The lawyer must ensure that no conflict of interest exists between him and the person he defends or represents.
The lawyer is forbidden to make public the data that he has learned through the person protected or represented by him or from the documents that the latter has made available to him, in function of the requested protection, with the exception of the case when he has given his written approval.
The lawyer is forbidden to make a report to the criminal prosecution body and cannot be questioned as a witness about the person to whom he has provided legal services and assistance, as well as about the circumstances that he has learned during the exercise of the lawyer's profession.
A lawyer is forbidden to take part in a case, when he has previously been assigned to it as a judge, prosecutor, Judicial Police officer or as a witness.
The lawyer is not allowed to provide legal assistance or represent a person, when he has previously advised or represented the opposing party in the same case, or when the lawyer is related by blood or has the same interest as the opposing party.
Female lawyers, who serve in the same law office, are not allowed to represent opposing parties in the same case.
Lawyers, who practice their profession near the same law office, are presumed to be aware of and possess the documents for anyone who has been protected or represented by their office.
Except for the cases provided above in this article, the lawyer is obliged to make sure that he does not act in conflict with the interests of the person who is protected or represented by him. When the lawyer suspects that he is acting in a conflict of interest, he must obtain written approval from the parties who are thought to be affected by this conflict of interest.
The lawyer provides services to the client against a fee. The reward for the work performed is determined in the following ways:
By agreement between him and the party protected or represented by him;
By the court or the prosecution, when it is mainly appointed or when the protected or represented person does not have financial means and the legal aid for him is free.
The amount of remuneration for these cases is determined by a joint decision of the Minister of Justice and the governing council of the National Bar Association;
By law.
In all cases, the lawyer is not allowed to receive any other remuneration.
The lawyer cannot ask the person he defends or represents to be rewarded by him with a percentage during the trial process. The percentage reward, pre-calculated or not, can be paid only when it is provided for in the agreement between the lawyer and the person he defends or represents, for the case of successful defense or representation of the case.
The lawyer is allowed to be paid with a commission in cases where he ensures the return of the loan for the person who is defended or represented by him extrajudicially.
If the lawyer decides to give up the representation or further protection of a person, he is obliged to notify him 15 days before the end of his service. In such a case, the lawyer, together with all the documents related to the case, is obliged to return to the client the advance payment he received from him, unless, together, they agree otherwise.
