The Attorney-Client Relationship and Legal Procedures
Unit I: The Attorney-Client Relationship
The Attorney
An attorney, having graduated from law school, practices law by defending the rights and interests of clients. Their role extends beyond courtroom representation, encompassing legal advice and involvement with various organizations. Attorneys can hold public office and participate in political activities. As auxiliaries of justice, they inform the judge of facts and evidence supporting claims, avoiding any inducement of judicial error.
Conflict
Conflict arises from the clash of opposing ideas or interests between two or more parties pursuing incompatible goals. Conflict can be:
- Intrapersonal: Within an individual
- Intra-group: Within a group
- Interpersonal: Between two or more people
- Intergroup: Between two or more groups
Case and Client Relationship
The attorney and client have the right to choose each other. The client is entitled to truthful information and a lawyer who understands their needs. The lawyer has the right to conduct their activities accordingly, and the client can change lawyers with mutual agreement. This relationship establishes the “case.”
Fees
Fee Concept: Payment for professional services.
Types of Fees:
- Consultation fees (verbal: $70, written: $120/$130)
- Fees for actions against others, contract drafting
- Court appearance fees
Law 3641 regulates barrister and solicitor fees upon process completion or lawyer change. Calculation considers money or property with pecuniary value.
Law 3641: Regulation of Lawyers and Attorneys Fees
This law regulates fees as compensation for professional work. It sets minimum fee amounts, with agreements for lower amounts being null and void. The basic rule is a percentage-based scale applied to the value of the claim, with adjustments for specific situations like process loss, property auctions, and various legal actions (e.g., precautionary measures, division of property, eviction, alimony).
Key Articles:
- Art. 1: Public Order Regulations
- Art. 2: Basic Rules and Fee Scale
- Art. 3: Process Lost
- Art. 4: Amounts for Regulation
- Art. 5: Property Valuation
- Art. 6: Counterclaims
- Art. 7: Compulsory Process Exceptions
- Art. 8: Universal Process
- Art. 9: Other Special Cases
- Art. 10: Cases with Non-Valuable Subjects
Contingent Fee Contract: A percentage charged upon trial completion (e.g., 10%).
Essentials for the Legal Profession
- Registration
- Agenda
- Client Portfolio
- Pens
- Computer
- Desktop
- Books
- Communication
Basic Library
- Codes: Civil, Criminal, Procedural, International, Mining, Labor, etc.
Unit II: The Lawyer and Law Firm Organization
The Lawyer
A lawyer, having graduated in law, acts as an advocate for individuals seeking to defend their rights. Lawyers can practice independently or hold positions within the judiciary.
Law Firm Organization
Effective time management is crucial for:
- Studying law and staying updated
- Analyzing cases and finding solutions
- Preparing legal documents
- Attending to clients
Agendas, Cards, and Files
Agendas: General agenda for unassigned issues and study-related matters; particular agendas for each lawyer with deadlines and case details.
Cards: Client sheets with contact information and case details; control sheets for tracking deadlines and avoiding forfeitures.
The Lawyer as an Auxiliary of Justice
Lawyers assist the judge by presenting facts, circumstances, and evidence truthfully, ensuring fair decisions. They act under the law, defending their clients orally and in writing. Duties include allegiance to clients, colleagues, and the judge.
Bar Association
The Bar Association, organized by judicial districts, requires lawyers to prove identity, title, solvency, and address. It develops a code of ethics and oversees professional conduct. The Assembly elects a Directory and a Court of Ethics, which handles complaints and applies sanctions (warnings, suspension, or withdrawal of registration).
Law 4976: Compulsory Licensing of Law Practice
This provincial law governs the practice of law in Mendoza. It covers the exercise of the profession by lawyers and prosecutors. Requirements include title, registration, solvency, and address verification. The law establishes rights, responsibilities, and duties of legal professionals.
The Commandments of an Attorney
- Study
- Think
- Work
- Wrestle
- Be Patient
- Have Faith
- Tolerate
- Be Loyal
- Forget
- Love the Profession
Different Forms of Performance
- Attorney Representative: Acts on behalf of the client, with legal consequences applying to the client.
- Lawyer as Sponsor: Provides legal expertise in cases requiring qualified assistance.
Unit III: The Clerk and Legal Documentation
The Clerk
The clerk is an independent legal professional, responsible for safeguarding public trust. They are not state employees and are prohibited from engaging in trade. They have judicial power and handle public instruments.
Public Instruments (Article 979)
- Deeds
- Notarized documents
- Registry books
- Court documents signed by clerks and parties
- Marriage records
Deeds (Article 997)
Deeds are formalized legal acts granted by clerks and require the presence and signatures of the parties. They involve pre-scriptural, scriptural, and post-scriptural acts. Conditions for validity include time, place, names, signatures, witnesses, and notary authorization.
Protocol
The protocol contains original instruments and is closed at year-end. It includes titles, powers of attorney, corporate records, and inheritance documents.
Functions and Incompatibilities of the Clerk
Clerks can be removed for reasons specified in Article 152 bis. Incompatibilities include engaging in trade and certain corporate activities, but they can hold positions like director of registration.
Role of the Clerk in Social Organization
Clerks document facts and acts, providing certainty and security in social relations. Public faith ensures the truth of events occurring before a notary.
Duties and Responsibilities of the Clerk
Duties include enforcing the law, studying issues, examining capacity, and maintaining professional secrecy. Responsibilities are civil, penal, fiscal, and professional.
Pre-Scriptural, Scriptural, and Post-Scriptural Acts
These stages involve researching parties’ intentions, ensuring legal compliance, preparing surveys, obtaining budget estimates, and handling post-deed procedures like registration and payment of fees.
Vehicle Registry
This public registry tracks vehicle ownership and related information. It operates based on real and abstract character principles. Vehicles are identified by motor number, chassis number, and registration. Transfer procedures involve specific forms and adherence to principles of initiated request, successive chain, and legality.
Differences with Real Property Registration
Key differences include the constitutional vs. declarative system, document vs. title registration, and timeframe for certificates.
Certificates and Reports (Law 17801)
Certificates ascertain property status and ownership, while reports verify the ability of subjects to dispose of property. Certificates have a validity period and protect against embargoes within that period.