Aug 10

Tips for Choosing a Professional Lawyer

Observation or Assessment. The first activity should be done is to obesrvasi or assessment. Many sources to be explored, among others, discuss our wishes with colleagues or business associates, who knew of them can refer lawyers they already know and quality. Check your local newspapers and other publications, especially on articles or things that concern a local attorney in the local community.

Lawyer who has written about business leasing and franchising, not necessarily lawyers who understand the simple business problems in carrying other areas of life. Contact Lawyers Association (Ikadin, PERADIN, Lawyers Association of Indonesia, Jakarta Lawyer’s Club and the Lawyers professional organizations in the local community locations).

Talk with community workers / professionals such as Accountants, and Bankers Insurance Agents Society, for every profession is closely related to other professional fields, and it was likely they never or frequently work together on a project or task. Look for a website or a homepage that contains the address of the Office of Attorney or other local law Guild load profile of a law firm, law offices, lawyer’s office, lawyer or legal consultant.

Consult directly with the Candidate Attorneys. After we did some exploring, do consulting / direct talks as much as possible of the few lawyers who think we are “a collection of Best Lawyers” (from the obervasi). Set up the conversation as we are asking for problems, as expected by some attorneys that have potential prospects. Try always to have a lawyer who knew the will of business / our business, to have adequate time to serve, and not least point is that the style and personality of the lawyer in accordance with our wishes.

Lawyers also verify whether we choose not to have “a conflict of interest”. Conflict of interest would arise if the lawyer is representing another client whose interests are opposite or contrary to our interests. For example, a lawyer representing clients involved in a court dispute with us directly, or the attorney representing the proficiency level competitors or our competitors. Another thing that may hurt us if one lawyer who did not fit his business philosophy with the philosophy or the way we do business. The faster the “conflict of interest” is found, the better.

Lawyers Professional ethics requires that if a lawyer representing the two parties / clients who have conflicting interests or diametrically opposite, then he must choose one of his client or his client’s second release, and no lawyer is allowed to represent the interests of both parties have overlapping interests and contradictory. For brevity we may be sure that the lawyers that we choose the moral ethics should be required to represent the interests of law we are free (independent).

Problem Lawyer Fee (Payment) The public needs to know how the fee (payment) we must offer the services of lawyers. There are at least 4 (four) payment method in utilize the services of lawyers, among others:

Hourly payment (Hourly Rate), method of payment is usually done by lawyers for the services within the scope of small business. It is important that any activity of a lawyer in representing the interests of clients, including the Call for consulting services, and other things such as correspondence for the benefit of legal advise, prepare and draw up a draft contract also included in the calculation of “hours” service to be paid. If this method is used, then when we are holding talks with a prospective lawyer also asked that we select the minimum time of service usage. Most lawyers use the minimum time to use his services was 15 (fifteen) minutes. In one example, if a client calls for seven minutes then it will be charged for using the services of 15 (fifteen) minutes.

Payments Defined (Fixed Rate), a lawyer who will handle the task or project usually determines the fixed payment system (fixed rate). But this system does not use the services within the scope of the litigation (the settlement of disputes through the court process). This system is usually applied to the utilization of services by small businesses. For example, a lawyer set a fixed rate to produce a contract or document.

Based on the payment portion (Contingent Fees) In this system, lawyers receive a share of the results obtained from clients who won in a legal dispute. But the lawyers here will only receive a part (Fee) if he won the case. If not, then he will only receive reimbursement for operating costs that have been issued. Based on the portion of such payment is not done in routine business matters. Such systems are commonly used in this work and the lawyers representing clients in the case of disputes through litigation, mediation or arbitration, as in an event where the claim (claim) for damages caused by negligence or other fault of the client experience.

Periodic payments (Retainer). If a lawyer uses a system of periodic payments, then the community as a client pays a monthly basis or can be designed for an annual payment. Previously a variety of services to be received by the client’s lawyer should have been defined (specified) to be agreed. Actually, this system will greatly benefit if the client knows that the client will often need a lawyer in a given period.

Communication, after we choose a lawyer and determine the method of payment, make sure that we have to avoid problems that may arise in the future. For that we should always ask for a copy (copies) of important documents so that we can directly assess and direct it by taking into account legal advice and consideration of this attorney. Make sure also that the lawyer to hand over all copies of various documents and correspondence that made the final document in his capacity as our lawyer. Therefore we have chosen, and of course also have to pay a lawyer, of course we have the right to direct rationally how attorney services should be provided or we get. Lawyers ask something to us and Establish lines of communication open to avoid problems that may arise in the future.

The process of selecting Advocates / Attorney in accordance with legal requirements is similar to the process of choosing a doctor, accountant, notary, architect and other professional workers. Sure to ensure professionalism in its work, an Advocate / Lawyer should be able to provide excellent service to clients, so clients can assess the quality of work and believe in the Advocate / Lawyer. Necessary caution and thoroughness of the client in selecting and determining the Advocate / Lawyer to handle his legal affairs. In order not to err in selecting the Advocate / Lawyer needed, to be implemented some of the tips below:

A. Make sure that the Advocate / Lawyer is really the Advocate / Lawyer official who has a valid license to practice, not a lawyer “fake” or “lawyer”.
2. Make sure that the Advocate / Lawyer have good qualifications in the field of law.
3. Make sure that the Advocate / Lawyer has no conflict of interest (interest conflict) in the cases handled.
4. Make sure that the Advocate / Lawyer will not do conspiracy with the opposite party or the Advocate / Lawyer opponents.
5. Make sure that the Advocate / Lawyer has a good track record in Lawyer , including ethics, morals and his honesty.
6. Make sure that the Advocate / Lawyer was never involved in a legal malpractice.
7. Make sure that the Advocate / Lawyer is a type of hard-working and dedicated and true professional will work in the interest of his client, not the Advocate / Lawyer who only charge fees and articulate but incompetent to defend the interests of his client.
8. If you doubt the credibility of an Advocate / Lawyer, ask Advocate a copy of the relevant Practice Permit issued by the PERADI, not letterhead, or ask for information about the Advocate / Lawyer is lagsung to associations Advocate / Lawyer officially recognized by the law legislation, namely: the Association of Indonesian Advocates (IKADIN), Indonesian Advocates Association (AAI), the Association of Indonesian Legal Counsel (IPHI), Advocates and Lawyers Association of Indonesia (Hapi), States Attorneys Indonesia (SPI), the Association of Indonesian Legal Consultants (AKHI), Capital Market Legal Consultants Association (HKHPM) and Syariah Lawyers Association of Indonesia (APSI).

9. That, if you are treated improperly by unscrupulous Advocate / Lawyer, then you can report relevant to the profession of Advocate Honorary Board has been established by the Association of Indonesian Advocates (IKADIN), Indonesian Advocates Association (AAI), the Association of Indonesian Legal Counsel (IPHI), Advocates and Lawyers Association of Indonesia (Hapi), States Attorneys Indonesia (SPI), the Association of Indonesian Legal Consultants (AKHI), and Capital Market Legal Consultants Association (HKHPM).