Article 76. Rights and obligations of a legal consultant The Law on Advocacy and Legal Assistance

Home / RLA / Article 76. Rights and obligations of a legal consultant The Law on Advocacy and Legal Assistance

1. A legal consultant has the right to provide a person who has applied for assistance with any legal assistance he needs, in accordance with the procedure and on the terms determined by the legislation of the Republic of Kazakhstan.

2. The legal consultant, on his behalf, concludes a written agreement on the provision of legal assistance with the person who applied to him.

In the case of legal assistance provided by a legal consultant acting on the basis of an employment contract with a legal entity, a written contract for the provision of legal assistance to the client is concluded by the legal entity.

3. The legal consultant, acting as a representative, is authorized:

1) to represent the rights and interests of persons who have applied for legal assistance in courts, state and other bodies and organizations whose competence includes the resolution of relevant issues;

2) to request and receive from all state bodies, local self-government bodies and legal entities information necessary for the provision of legal assistance;

3) in accordance with the procedure and within the limits established by the legislation of the Republic of Kazakhstan, independently collect the factual data necessary for the provision of legal assistance, as well as submit them to government agencies and officials;

4) get acquainted with the materials concerning the person who has applied for legal assistance, including procedural documents, court cases, and record the information contained therein in any way not prohibited by law;

5) to request expert opinions on a contractual basis to clarify issues arising in connection with the provision of legal assistance and requiring special knowledge in the field of science, technology, art and other fields of activity;

6) file petitions and submit complaints in accordance with the established procedure against decisions and actions (inaction) of state authorities, local governments, public associations, organizations, officials and civil servants who infringe on the rights and legally protected interests of persons who have applied for help;

7) use all means and methods not prohibited by law to protect the rights and legitimate interests of persons who have applied for legal assistance;

8) conduct conciliation procedures;

9) provide comprehensive social and legal assistance;

10) perform other actions that do not contradict the legislation of the Republic of Kazakhstan.

4. The legal consultant is obliged to:

1) comply with the requirements of the legislation of the Republic of Kazakhstan on advocacy and legal assistance, as well as the requirements of the rules and standards of the Chamber of Legal Advisers;

2) comply with the rules of the Code of Professional Ethics established by the Chamber of Legal Advisers, of which he is a member, as well as pay the fees established by this Law;

3) be guided in their professional activities by the principles of providing legal assistance;

4) be a member of one of the Chambers of legal advisers to provide legal assistance in the form of representation of the interests of persons in the courts;

5) inform the client about the impossibility of his participation in the provision of legal assistance due to circumstances that prevent its provision;

6) ensure the safety of documents received from the client and third parties when providing legal assistance;

7) provide the client with information about membership in the Chamber of Legal Advisers;

8) provide, at the request of the client, a copy of the professional liability insurance contract of the legal consultant;

9) at the request of the client, submit an extract from the register of members of the Chamber of Legal Advisers, of which he is a member;

10) enter into an agreement on non-disclosure of confidential information with the client, if the client does not object to this.;

11) perform any actions not prohibited by law to establish factual circumstances aimed at ensuring the rights, freedoms and legitimate interests of the client;

12) at the request of the client, keep copies of documents that were used in the provision of legal assistance on paper or electronic media or in the form of electronic documents for three years from the date of completion of legal assistance;

13) constantly improve their skills;

14) carry out professional liability insurance.

5. If the legal consultant is in an employment relationship with a legal entity, the duties provided for in the sub-paragraphs 5), 6), 8), 10) and 12) of paragraph 4 of this article, are assigned to this legal entity.

6. A legal consultant is prohibited from taking a legal position in a case that worsens the situation of the person who has applied for help, or from using his powers to the detriment of the person whose interests he represents.

7. A legal consultant is prohibited from providing legal assistance in the event of a conflict of interest.

A legal consultant is obliged to refuse to provide legal assistance in cases where:

there is a conflict of interest between the client and the legal adviser, his close relatives, as well as in the presence of other circumstances that constitute a conflict of interest.;

there are grounds provided for by the procedural legislation of the Republic of Kazakhstan.

President

Republic of Kazakhstan

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