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"Ignorance of law is no excuse."
but in practice, it isn’t so easy.
Not simple to understand the meaning of certain laws and not easy to follow their updates.
Don’t hesitate to contact a lawyer to obtain an information.
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Home Page -> The lawyer -> Why call on he?
Why call on a lawyer?
A lawyer can intervene at three different times for any step that might lead to litigation:
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Before a problem arises: a lawyer will inform you, will advise you, and avert problems appearing (drawing up contracts, etc.)
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At the time a problem appears: he/she negotiates and conciliates (amicable solutions, mediation, collaborative law, etc.
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Afterwards, when the problem ends up in court, so in the event of litigation: he/she defends your interests.
Examples:
- House/Building
| Before |
- You are going to sign a sales agreement
- You do not understand the terms of your credit agreement
- You want to rent out an asset and know your rights and obligations
- ...
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| During |
- You want to cancel an agreement (lease, insurance, credit, etc.)
- You have not abided by a clause in your agreement
- You have to draft a joint ownership agreement
- ...
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| After |
- You are in dispute with your neighbour, your contractor, your architect, your lessor
- Your lessee has not paid their rent
- ...
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- Family/childhood
| Before |
- You want to adopt
- You would like to ask for a divorce
- You are changing your matrimonial system
- You are discussing the clauses of a marriage contract
- You are anticipating that a close relative will be placed under provisional administration
- ...
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| During |
- Your ex-husband is not paying maintenance allowance for your children
- Your ex-wife does not want to let you see your children
- ...
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| After |
- You have received a divorce summons
- Your child has committed theft and the victim is claiming compensation from you...
- Your child, who is of age and still at school, is claiming maintenance allowance from you
- ...
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- Work
| Before |
- You are going to discuss the conditions of a work or apprenticeship contract
- You do not understand the terms of your work contract
- You have been offered a job but the contractual provisions are very rigorous
- ...
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| During |
- Your staff are claiming termination benefits
- You are exposing some moral abuse
- ...
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| After |
- You are accusing your boss of unfair dismissal
- You have been accused of moral/sexual harassment
- You have not received payment of your salary
- ...
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- Accident
| Before |
- You want to take out life insurance
- ...
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| During |
- You have witnessed an accident
- ...
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| After |
- You have committed a driving offence (gone through a red light, exceeded a speed limit, knocked a pedestrian down, etc.)
- You are the victim of a road accident and you have been injured
- ...
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- Finance, commerce/industry
| Before |
- You want to start a business
- You want to take out a patent
- You want to draw up some general terms of sale
- ...
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| During |
- You want to leave a joint management arrangement
- You are in debt and want to negotiate agreements with your creditors
- You want to recover unpaid debts from your debtors
- ...
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| After |
- You have been served with a writ by your bank
- You have been declared bankrupt
- ...
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The lawyer's profession is a liberal profession which is therefore independent, yet regulated by law. The lawyer is, within the scope of his or her duties:
- bound by professional ethical rules including:
o independence: a lawyer cannot agree to take on conflicting interests.
o probity and dignity: a lawyer is bound to pay scrupulous respect to duties of justice and ethics and to abstain from any behaviour, professional or private, that is likely to be damaging to the honour of his or her profession.
o professional secrecy: a lawyer is bound not to divulge any information that is transmitted to him/her, either by his/her client or by another lawyer. This confidentiality is especially important in negotiations.
- subject to the discipline of the Bar Association to which he or she belongs (= Bar Regulations)
- has taken out professional public liability insurance (covering costs in the event of any error on his or her part)
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