This Agreement has the character of a public offer in accordance with Art. 633, 641, 642 of Chapter 53 of the Civil Code of Ukraine and is the equivalent of an «oral agreement» and in accordance with the current legislation of Ukraine has proper legal force.
The provisions of this agreement shall apply if the parties to the payment of legal aid services did not conclude a written agreement (contract, agreement) before the start of the service.
Both parties, who have actually entered into legal relations, give their consent to the fact that they fully agree with the efforts indicated below.
CONTRACT
about legal aid
________ city «_____»____________ 20__
The Lawyer Oleksandr Yevsiutin, acting on the basis of the certificate of the right to practice as a lawyer No. 878 dated 20.12.2007, hereinafter referred to as the «Lawyer», on the one hand, and ___________________________________, hereinafter referred to as the «Client», on the other hand, concluded this agreement on the following:
1. SUBJECT OF THE AGREEMENT
1.1. The Client entrusts, and the Lawyer undertakes to provide legal assistance if necessary: for legal examination of the Client’s documents, analysis of his situation in accordance with the current legislation, consultation and representation of the Client’s interests in his case (if necessary).
2. RIGHTS AND OBLIGATIONS OF THE PARTIES
2.1. The lawyer begins the performance of his duties from the moment the fee was paid.
2.2. The lawyer undertakes to provide such assistance (if necessary) on the subject of the contract: consultations and clarifications on legal issues; to file requests, complaints, lawsuits, and other documents, represent interests in state (law enforcement) bodies, institutions, enterprises or before third parties both online and remotely or with a visit (by prior agreement). The limited power of attorney is not established in this agreement.
2.2.1. The lawyer’s service specified in Clause 2.2 of this Agreement may be entrusted by the lawyer at his discretion to the lawyer’s assistants and lawyer partners, which cannot be interpreted as the Lawyer’s refusal to fulfill the terms of this Agreement. The lawyer has the right to issue power of attorney on the basis of this Agreement to represent the interests of the Client, however, the issuance of such power of attorney is not mandatory.
2.2.2. It is not mandatory to sign the act of acceptance and handover of works, confirming their performance under this Agreement.
2.2.3. The Lawyer is obliged to provide the Client with complete information about the fulfillment of obligations under this Agreement in the form determined by the Lawyer or the Parties.
2.2.4. The Client is obliged to pay the Lawyer’s services in a timely manner in accordance with Section 4 of this Agreement.
2.2.5. The client is obliged to provide the lawyer with complete and reliable information and documents in the required number of copies in a timely manner.
3. CONFIDENTIALITY
3.1. The information received by the Parties in connection with the execution of this Agreement is confidential and may not be transferred to third parties without the prior written consent of the Parties.
3.2. This restriction does not apply to information that:
■ subject to distribution in accordance with current legislation;
■ generally known at the time of transfer, including published or known by an unlimited number of persons without violation of this Agreement and no fault of the Parties;
■ already known to the other Party or becoming known during the implementation of any project, during the period of negotiations without violation of this Agreement.
3.3. Each of the Parties undertakes to use confidential information exclusively within the framework of the provision of services under this Agreement and to provide access to it only to persons directly engaged in the relevant work. The parties undertake to take all necessary measures so that their employees, consultants, other involved performers maintain the confidentiality of the above-mentioned information, as well as protect it from loss or destruction.
3.4. In cases provided by legislation, materials containing confidential information may be provided to supervisory and law enforcement authorities by decision of the relevant competent authority in accordance with the procedure established by law.
3.5. All documents handed over to the lawyer during the performance of the lawyer’s services are in the lawyer’s possession. An act of acceptance and transfer may be drawn up for the transfer of documents, but its drawing up is not mandatory (in the latter case, the Client is responsible for the security of the documents). According to Part 1 of Art. 10 of the Law of Ukraine «On Advocacy», documents related to the execution of a mandate to a lawyer are not subject to inspection, disclosure or seizure without his consent.
4. PAYMENT PROCEDURE FOR ADVOCATE SERVICES
4.1. The cost of the Lawyer’s services (fee), provided within the framework of the implementation of this Agreement, is determined by agreement of the parties.
4.2. Payment is made by transfer to the Attorney’s account or in cash before the start of legal assistance (advance payment).
4.3. The costs of the case are paid by the Client additionally.
5. RESPONSIBILITY OF THE PARTIES
5.1. The client is responsible for the timeliness, completeness, reliability and content of the information provided to the lawyer.
5.2. The lawyer is responsible for the quality of the services provided to the Client in accordance with the current legislation.
5.3. The lawyer is not responsible for the consequences of the Client’s presentation of information and documents that do not correspond to reality.
5.4. The parties are exempted from responsibility for non-performance or improper performance of obligations under the contract in the event of force majeure. Acts (including illegal) of state bodies and services, local self-government bodies, changes in current legislation that negatively affect the interests of the Parties are recognized as force majeure circumstances (other than those established by legislation) for the Advocate.
6. FINAL PROVISIONS
6.1. Any of the Parties may unilaterally terminate this Agreement by notifying the other Party in writing 14 days in advance. The fee specified in clause 4 of this contract is not refundable.
6.2. The parties undertake to resolve the arising disagreements through negotiations. If the parties do not settle the disagreements that have arisen between them, they will be considered in court.
6.3. If there is no need to provide legal assistance (lawyer services) during the validity of this contract and the Client does not consult a lawyer, the fee specified in Clause 4 of this contract will not be refunded.
6.4. This Agreement may be amended, supplemented, or extended based on an additional written agreement of the parties.
6.5. In cases not provided by this Agreement, the parties are governed by the applicable legislation.
6.6. This Agreement was drawn up and posted on the website of the Lawyer also in Ukrainian language (https://evsutin.com/%d1%83%d0%b3%d0%be%d0%b4%d0%b0-%d0%bf%d1%83%d0%b1%d0%bb%d1%96%d1%87%d0%bd%d0%be%d1%97-%d0%be%d1%84%d0%b5%d1%80%d1%82%d0%b8/), and has legal force for anyone who paid for the provision of legal assistance to them without concluding an individual agreement on the provision of legal assistance.
7. DURATION OF THE AGREEMENT
7.1. The contract is considered concluded from the moment of its signing by the parties and is valid until the Parties fully fulfill their obligations.
Client _____ (________)
Lawyer _____ (_______)