Legal aid

Unfortunately, an opinion exists that the law-abiding citizen has nothing to do at the lawyer’s office. However this is a profound mistake.
All of us enter to the legal relationship: we do shopping, we borrow money and lend them, we build apartments, we obtain credits, we inherit, we start our own business, we leave abroad etc. And frequently at the same time, being unacquainted with our rights and duties, and also with consequences of either one or another action, we commit errors, which turn out for us by losses not of time only, but losses health, as well. In order for this not to happen, and the losses were least, before performing, being expressed in legal language, legal actions, it is necessary to turn to the lawyer, who will tell with the reference to the acts of the legislation not only about the consequences of that or other bargain, but also will suggest how to make so that your rights were not violated. The advice at the familiar lawyer will never replace the professional legal aid of the lawyer. The lawyer will not only closely listen to you and give an advice, but in case of necessity will also prepare the documents for bringing to a court and other law-enforcement bodies, and will represent you there.
For rendering the qualified legal aid, according to clause 17 of Bar Law, the lawyer has the right to collect, fix and present the information concerning factual background independently; to request the information, characteristics and other documents, necessary for rendering legal aid, from state, private, public and other organizations and associations, which are obliged when due hereunder to present these documents or their copies; to request with the consent of the person who has turned for legal aid experts’ judgment for decision on the questions, arisen in connection with performing order accepted by the lawyer on rendering legal aid which demand special knowledge in the fields of science, engineering, art and other spheres; free to communicate with his constituent, suspected, defendant, including those who are guarded; to use technique in his professional activity.
Lawyer in his activity is totally independent and follows the legislation. Only interference into the professional activity of the lawyer, requiring from him any information making a subject of lawyer’s secret, and also requiring similar information from the officials and technical workers of lawyer associations is prohibited.
All lawyers in the Republic are associated in bars and have equal rights.
There is an opinion which is totally wrong that in the Republic there are "state" lawyers, working for criminal investigators. This opinion exists because, unfortunately, not only ordinary citizens, but sometimes also lawyers do not understand and do not know thoroughly legislation determining professional activity of the lawyers. It is necessary to have in view, that the current procedural criminal law distinguishes participation of the lawyer - advocate in criminal case nominated either by accused person (his relatives or other persons) or by establishment carrying on criminal procedure. Case investigator and court, acting in capacity of the bodies carrying on criminal procedure, in case if the citizen has not addressed to the specific lawyer send to legal advice office summon to the lawyer to appear in cases, when participation of an advocate is obligatory (if suspected or accused person solicit for it; if suspected or accused person is under age does not have good command at language, on which criminal procedure is carrying on, or is illiterate; if suspected or accused person by virtue of physical or mental deceases is not able to realize his right for protection without assistance; if the person is suspected or accused in committing grave crime; if there are contradictions between interests of suspected or accused persons and if even one of them has advocate).
Chief of a legal advice office or the on duty lawyer durante absentia of the chief directs a lawyer from a legal advice office to investigator for protecting interests of suspected or accused person. Appointed lawyer, as well as the hired one, works only for the client. It is necessary to have in view, that there is no separate category of lawyers acting only as appointees. All lawyers are carrying out their activity under the agreements, and during their duties in legal advice offices on maintenance of requirements of bodies conducting criminal process they are directed by chiefs of legal advice offices to investigating bodies courts for conducting criminal cases as appointees.
It is necessary to pay attention to the fact that according to the current procedural criminal law the suspected, accused in case of detention or while being put under the guard has the right to receive legal advice from a lawyer before the first interrogation.
According to a part 6 of clause 44 Procedural Criminal Code of the Republic of Belarus the lawyer providing legal advice to suspected or accused is considered as their advocate for this time. With consent of suspected or accused he can participate as their defendant in the further criminal procedure.
For reception any kind of the legal aid it is necessary to address to a legal advice office to the on duty lawyer or to the chief of a legal advice office, or to the concrete lawyer chosen by the client.
Legal advice offices are available in every region of the Republic of Belarus (see page "Regional Bars"), where the qualified experts possessing licenses for providing legal services are carrying out their activity.
List of the lawyers is available on the appropriate page.
Legal aid rendered by the lawyers is, as a rule, chargeable. Size of payment is defined by the agreement between a lawyer and a client. At setting of the fee many circumstances are taken into account, namely: experience and qualification of the lawyer required for rendering the proper legal aid; professional authority of the lawyer; novelty and complexity of cases; necessary expenses of time and work; Probability that acceptance of performing the order will prevent the lawyer to work on the other cases simultaneously; terms established by the client or circumstances; experts intake; charges connected with rendering legal aid; practice of definition the fee in the given region, and also in those region, where the customer has constant residence. At the conclusion of agreement available financial means of the client are also taken into account.
It is necessary to take into consideration, that not only work of the lawyer to whom client has addressed directly (i.e. cases under agreement), but also cases as appointees are subject to payment.
According to clause 6 of the Law “About the Bar” legal aid is rendered by Bars free-of-charge at the expense of their own means to claimants in courts of original jurisdiction in trials connected with labour legal relationship, collecting alimony, compensation of harm caused by mutilation or other health damage, connected with job, and also for disabled of 1 and 2 groups at providing legal advice which do not require examining the case and also for those physical persons who are released when due hereunder from paying for legal aid.
In accordance with the decision of Presidium of the Republican Bar dated September 20, 2000 "About some questions of rendering free-of-charge legal aid” Bars render free-of-charge legal aid on the cases which are not connected with business activity, and also which do not require examining the case, for participants of Great Patriotic War, for military men, serving a fixed period, and also for under age citizens (under 18 years old).