Lawyer’s request as a tool for obtaining evidence
In today’s legal environment, where access to information can be crucial for the successful implementation of citizens’ rights and interests, the lawyer’s request becomes a necessary and indispensable tool in the hands of a lawyer. It allows obtaining important information and documents, thus playing a critically important role in ensuring justice and the effective legal protection of clients.
The lawyer’s request acts not only as a simple request for information but also as a strategic tool aimed at gathering necessary evidence, analysing the legal status, and preparing for legal battles.
This article examines the importance of the lawyer’s request as a tool for protecting the legitimate interests of citizens, as well as the ways it can be used and the potential obstacles lawyers may face in the process of its use.
What is the lawyer’s request?
The lawyer’s request is a written appeal by a lawyer to a state authority, local government body, their officials and employees, enterprises, institutions and organisations regardless of their form of ownership and subordination, and public associations for the provision of information, copies of documents necessary for the lawyer to provide legal assistance to the client.
Certified copies of the lawyer’s certificate of the right to practise law, a warrant, or a power of attorney from the body (institution) authorised by law to provide free legal aid must be attached to the lawyer’s request. It is prohibited to demand from the lawyer the submission of any other documents along with the lawyer’s request.
There is also an option to prepare and formalise the lawyer’s request electronically, sign it using an electronic digital signature, and send it to the email address of the authority or person holding the requested information.
It should be noted that the lawyer’s request cannot concern the provision of consultations and explanations of the provisions of the law.
Response to the lawyer’s request
It is important to understand that the lawyer’s request is much more than just a letter or appeal for information. The law obliges the recipients to respond within specified time frames, making the lawyer’s request an effective and useful tool.
State authorities, local governments, their officials and employees, heads of enterprises, institutions, organisations, and public associations to whom the lawyer’s request is addressed are obliged to provide the relevant information or copies of documents to the lawyer no later than 5 working days from the date of receipt of the request.
If the lawyer’s request concerns the provision of a significant amount of information or requires searching through a large volume of data, the response period may be extended to 20 working days with a justification for the extension, and the lawyer must be informed in writing no later than 5 working days from the date of receipt of the lawyer’s request.
If satisfying the lawyer’s request requires the production of copies of documents exceeding 10 pages, the lawyer is obliged to reimburse the actual costs of copying and printing.
It should be noted that information with restricted access and copies of documents containing such information are not subject to provision in response to the lawyer’s request.
Liability for failure to respond to the lawyer’s request
According to Part 3 of Article 24 of the Law of Ukraine “On the Bar and Legal Practice”, refusal to provide information on the lawyer’s request, untimely or incomplete provision of information, or providing false information entails liability established by law, except in cases of refusal to provide information with restricted access.
Legal liability for such illegal actions is provided for in Part 5 of Article 212-3 of the Code of Ukraine on Administrative Offenses (CUAO), specifically, unlawful refusal to provide information, untimely or incomplete provision of information, or providing false information in response to the lawyer’s request entails a fine on officials ranging from 25 to 50 tax-free minimum incomes of citizens.
To hold a person liable for failure to provide, untimely or incomplete provision of a response to the lawyer’s request, the lawyer must first apply to the Bar Council of the region where they are registered, with an appropriate statement and evidence confirming the sending of the lawyer’s request.
Based on the results of the application review, the Bar Council of the region must draw up a protocol on the administrative offense and send it for consideration to the court, which in turn must make a decision on holding the person accountable.
What information can be obtained through the lawyer’s request?
There is no doubt that the lawyer’s request is a very useful tool for gathering necessary information and further protecting the client’s rights. Through it, one can obtain the following information:
- the existence of criminal proceedings against a person and their procedural status
- the results of consideration of petitions within the framework of criminal proceedings
- the existence or absence of restrictions, particularly on entry or exit from Ukraine
- the presence of registered vehicles
- copies of documents and video recordings
- the validity of documents, such as a driver’s licence or birth certificate
- information that confirms or refutes certain facts
- and much more information that can be useful during the provision of legal assistance
Thus, the lawyer’s request is an important and powerful tool for a lawyer, enabling the collection of evidence necessary during the provision of professional legal assistance to a client.