Duties of a lawyer
When should I go to a lawyer?
As an individual:
- important decisions of his life (marriage, divorce, will, death of relatives, etc.)
- if you enter into agreements that are important to you (buying real estate, selling real estate, high-value contracts, concluding an employment contract abroad, etc.)
- if you seek advice on a dispute (disputes at work, disputes with relatives, neighbors, condominiums, shared or owned property and movable property, troubled tenant, etc.).
As a business player:
- before all important decisions of the business, from the establishment of the company through the transformation to the spin-off or liquidation
- important contracts
- when mapping “areas” unknown to your business.
If the question arises, immediately!
- “Cloak before the rain!” – By visiting a qualified lawyer in a timely manner, we can avoid major trouble and damage in a significant number of cases.
- “He who gets up early finds gold!” – The earlier you turn to a lawyer at the earlier stage of the case, the more likely you are to find a good solution.
- “Better late than never!” – In any case, seek legal advice before the court decision becomes final!
Duties of a lawyer:
By practicing the profession of lawyer, he promotes the enforcement of the rights and obligations of his principal by legal means and in a manner. It contributes to the settlement of disputes between the opposing parties.
Act LXXVIII of 2017 on the activity of a lawyer . With the entry into force of the Act (Üttv.), the number of “lawyer-forced” cases, procedures or types of documents has increased to 99, which is unique in Europe in terms of the normative provision of lawyers in other countries. This serves the security of critical legal transactions and documents for a wider range of clients.
What does a lawyer do for a client?
- represents in civil matters
- in its criminal case
- gives legal advice
- prepare a contract, submission or other document
- custody of money and valuables.
Lawyers can also perform the following tasks:
- patent attorney activity
- tax consultancy
- social security consultancy
- insurance consultancy
- labor counseling
- providing representation outside court, official or other public proceedings
- financial and other business consultancy
- responsible accredited procurement consultancy
- fiduciary activities
- real estate activities
- condominium joint representation activities
- converting a paper document not produced by a legal practitioner into an electronic document; and
- mediation in criminal proceedings and criminal matters.
Legal background, operating standards
The activity of a lawyer is regulated by Act LXXVIII of 2017 on the activity of a lawyer . regulated by law . In addition, its activities are determined by written and unwritten ethical rules and norms.
In the performance of his duties, a lawyer shall observe the following main rules of law and ethics:
- by exercising his profession, he facilitates the enforcement of the rights and obligations of his principal by lawful means and in a manner
- contributes to the settlement of disputes between the opposing parties
- It can act before all courts and authorities in Hungary
- may provide legal representation for the principal in all cases
- free and independent in the exercise of its activities
- he may not enter into any obligation which may jeopardize his independence as a lawyer
- he must exercise his profession to the best of his knowledge, conscientiously and in compliance with the law
- he must at all times behave in a manner worthy of the profession of lawyer
- may not cooperate if its participation is requested in a legal transaction that is in violation of the law or is intended to circumvent the law
- everyone is free to choose a lawyer.
Legal confidentiality, protection of personal data
One of the most important pillars of the work of a lawyer is the establishment and maintenance of a relationship of trust with clients. In order to achieve this, the lawyer is responsible for the protection of clients’ personal data and is obliged to keep the legal secrets of which he or she becomes aware.
Key rules regarding legal professional privilege:
- All facts, information and data of which a legal practitioner has become aware in the course of the exercise of that activity shall be considered legal professional secrecy.
- A practitioner of legal practice is obliged to keep legal professional secrecy. This obligation of confidentiality also extends to a document or other medium containing legal professional privilege.
- The duty of confidentiality of a legal practitioner is independent of the existence of a legal relationship established for the pursuit of the legal profession and continues indefinitely even after the termination of the legal practice or the termination of the legal relationship.
- A legal practitioner may, to the extent necessary to detect and prove a crime not committed against his or her client or against his or her client, disclose the lawyer’s secret in the case of a crime committed against his or her client.
- At the request or initiative of the person entitled to have legal professional secrecy, in legal, official or other public authority proceedings instituted against the person bound by legal professional secrecy, the obligated legal professional secrecy may disclose legal professional secrecy to the extent necessary for the defense.
What makes a good lawyer?
Not always the one who always wins – A good lawyer is the one who, after learning about the case, can determine the chances of winning the lawsuit and the proportion of the winning with relatively high accuracy in advance.
Whoever seeks a compromise – A good lawyer can, where appropriate, deter the unlikely party from litigation or facilitate a reasonable settlement between the parties.
Who we trust – A close relationship of trust is established between the lawyer and his client. The safety of the client is guaranteed by the institution of legal secrecy. The lawyer often establishes a deep human relationship with his client that makes him fit to handle the case optimally.
If you are competent – Before choosing a lawyer, it is advisable to find out and – among many other aspects – take into account how much experience the chosen lawyer or office has in representing the given type of case.
Who is available – It is straightforward for economic actors that, in addition to other professionals, the advice of a lawyer who is well versed in the field is essential in preparing important business decisions. For them, the “availability” of a lawyer is just as important as their expertise.