Generally, when you need a lawyer, it is because you find yourself in a problematic and\/or conflictual situation. In order to obtain the help and legal advice you need to resolve this situation, you will have to talk about sensitive subjects and expose details of your life that you would rather forget, you will have to \u201cput everything on the table.\u201d That is why the relationship between lawyer and client must be based on mutual trust.<\/p>\n\n\n\n
A lawyer is a\nrepresentative of the law responsible for advising, guiding and representing\nthe interests of its clients. In the course of their work, they are subject to\nseveral obligations, particularly those set out in the Code of Professional Conduct of\nLawyers.<\/em> <\/em>Here are some of the most\nimportant: <\/p>\n\n\n\n They must ensure that professional secrecy is preserved. Consequently, they must ensure the confidentiality of all information relating to their clients\u2019 affairs and activities that come to their knowledge in the course of their work. This duty continues after the end of the mandate, and even after the death of the client. Professional secrecy is absolute and of public order, subject to certain truly exceptional circumstances. No authority can force a lawyer to testify or communicate information protected by professional secrecy.<\/p>\n\n\n\n A lawyer has a duty to avoid any situation involving a conflict of interest. This obligation derives from the duty of loyalty and confidentiality. In the course of their work, they must not allow themselves to be distracted or influenced by outside considerations.<\/p>\n\n\n\n Art. 72 Code of Professional\nConduct for Lawyers<\/em>: \u201cA conflict of interest exists when there is a serious\nrisk that the lawyer\u2019s personal interest or his duties towards another client,\na former client or a third party may interfere with his duties towards the\nclient\u2026\u201d<\/p>\n\n\n\n A lawyer must act with competence, honour, dignity, integrity, respect and moderation. Before accepting or continuing a mandate, the lawyer is obliged to consider the limits of their competence and knowledge. If they consider that their lack of experience or knowledge jeopardizes the quality of their services or the adequate protection of their client\u2019s interests, they must inform their client.<\/p>\n\n\n\n The lawyer\u2019s expertise\nand competence in law for which you are seeking advice are the first criteria\nto be considered, before fees, location and even recommendations from friends\nand family.<\/p>\n\n\n\n The second criterion is\nthe personality. In order to develop the bond of trust essential to this\nprofessional relationship, the quality of human relations is important. <\/p>\n\n\n\n Another criterion to\nconsider is availability. Even though a lawyer can be overwhelmed by work, they\nmust be available for their clients. They must respond to the requests and\nemergencies within a reasonable time. What is more, a lawyer should not accept\na mandate if he or she does not have sufficient time and resources to carry it\nout properly and bring it to a successful conclusion.<\/p>\n\n\n\n A word of\nclarification: every client considers his or her case to be urgent, but this\npersonal urgency is not necessarily a legal one. So, when you contact a lawyer,\nit is important to mention why you feel your case is urgent. The lawyer will\nthen schedule an appointment within the appropriate timeframe and, if\nnecessary, take the necessary preliminary steps to preserve your rights until\nthe appointment.<\/p>\n\n\n\n When you are looking\nfor a lawyer to represent you, it is not easy to develop a bond of trust over a\nsimple e-mail or short telephone call, for both you and the lawyer. That is why\nthe first meeting is so important.<\/p>\n\n\n\n It gives you the\nopportunity to provide the lawyer with all the relevant documents and\ninformation, and to address any questions you may have. The aim of the meeting\nis to determine your rights and obligations, your chances of success and the\nstrategy for the case. <\/p>\n\n\n\n Do not be surprised if\nthe lawyer asks you several questions, sometimes about things you may not\nconsider important, but which in law can make a difference. The lawyer must\nalso ensure that he or she is not in a conflict of interest. <\/p>\n\n\n\n You know the facts, the\nplaces, the details, the people involved in your case, but the lawyer does not.\nThey need to understand, be able to situate themselves properly and make the\nappropriate connections, all by taking notes. They may therefore ask you to\nrepeat yourself and ask for additional documents or information before they can\ngive you their opinion. <\/p>\n\n\n\n Most people are\nstressed when they meet a lawyer for the first time, but you should know that they\nare used to it. If necessary, they will guide you and get what they need, even\nif you forget elements of your story.<\/p>\n\n\n\n It is also important to\nknow that in law, a simple detail in a sequence of events can completely change\nthe legal opinion from white to black or get lost in several shades of grey.\nConsequently, do not be surprised if the lawyer refuses to answer general legal\nquestions without obtaining the required facts and documents.<\/p>\n\n\n\n It is also during this\nfirst meeting that you and your lawyer will agree on the terms and conditions\nof billing and payment of your lawyer\u2019s fees. It is advisable to draw up a duly\nsigned written fee agreement to avoid any subsequent disputes over the lawyer\u2019s\nremuneration.<\/p>\n\n\n\n At the end of the\nmeeting, you can decide whether to entrust the lawyer with a mandate, or you\ncan take your time to think about it and confirm your decision later. In any\ncase, everything you say will remain confidential. <\/p>\n\n\n\n Throughout their\nmandate, the lawyer makes sure to look after your best interests. Their\nprofessional background enables them to determine your rights and obligations,\nand their objectivity enables them to properly advise you on strategy and\ndecision-making. It is often difficult to make decisions, or rather to make the\nright decisions, when you are directly and emotionally involved in a conflict,\nnot to mention the financial aspect. <\/p>\n\n\n\n It is possible that, on\noccasion, your lawyer will tell you truths you do not want to hear and\/or\nadvise you on decisions you do not want to make. You must respect their honesty\nand transparency towards you. It would be easier for them to tell you what you\nwant to hear and act on your wishes, but would that really be in your best\ninterest? Not to mention that it would be contrary to their Code of conduct.<\/p>\n\n\n\n During a mandate, it\nmay happen that the lawyer\u2019s opinion and that of the client become incompatible\nor irreconcilable, or that the bond of trust deteriorates or is broken, in\nwhich case they are free to break the contract that binds them, at any time.<\/p>\n\n\n\n1.1 Duty of confidentiality: <\/h3>\n\n\n\n
1.2 Duty to avoid conflicts of interest: <\/h3>\n\n\n\n
1.3 Duty of competence: <\/h3>\n\n\n\n
2. Choosing a lawyer<\/h2>\n\n\n\n
3. The first meeting<\/h2>\n\n\n\n
4. The mandate<\/h2>\n\n\n\n
Conclusion <\/h3>\n\n\n\n