no need to choose and use the Advocate’s services in a hurry;
must choose the process and stages of time and care
There must be a belief that the Advocates we choose are by our legal needs.
If not, then we will lose valuable time. Of course, money, especially if we just end up changing back and forth with New Advocates, then we have to introduce ourselves from the beginning again about our business activities and our legal needs for services law from an Advocate. Furthermore, brief tips are presented for choosing a lawyer; for more information: small business lawyers
1.Observation or Exploration,
The first activity that must be done is to do observation or exploration. Lots of sources to explore, among others, discuss our desires with colleagues or business relations, who know they can refer advocates they already know and are of good quality. Check local newspapers and other publications, especially for articles or concerns to local Advocates in the local community. Lawyers who write a lot about the leasing and franchising business are not necessarily lawyers who understand simple business matters in other activity fields. Talk to other workers/professionals such as accountants, insurance agents or bankers, because each profession will be closely related to other professional areas, and it is possible that they have worked together in a particular task.
2. Consult Directly With Prospective Advocates
After we have done some explorations, have direct and maximum conversations with several lawyers who we think are the lawyers that suit our needs according to the results of the observation. Design the conversation by asking questions according to the problems we face. Always try to have a lawyer who knows very well about the ins and outs of our business/business, has enough time to serve, and what is no less critical is the attorney’s style and personality to our liking. Also, verify whether the lawyer we choose does not have a conflict of interest. This conflict of interest will arise when the attorney represents another client whose interests conflict or conflict with ours. For example, the Lawyer represents a client involved in a court dispute with us directly, or the Lawyer represents a competitor or our competitor. Another thing that might harm us if someone is an attorney whose business philosophy is not by the philosophy or the way we do business. The sooner the conflict of interest is found, the better. Advocate Professional Ethics requires that if a lawyer represents two parties/clients who have conflicting or horizontally opposing interests, they must choose one of his clients or let go of both clients. This lawyer is not allowed to represent the interests of the two parties whose interests have intersected and opposed each other. For brevity, we must believe that the Lawyers we choose to be morally ethical must be able to be asked to represent Our Legal Interests freely (independently).
3. About Advocate Honor (Payment)
In essence, when you consult [even though this is the first time], you have used the services of an advocate, at least in the form of consultation. What you need to realize from the start is that using the services of an advocate is rarely free or free, so you need also to ask how much it costs when only consulting with the Advocate you will choose. The public needs to know how the fee (payment) that we have to give for the services of a lawyer. There are at least 4 (four) payment methods in utilizing the services of a lawyer, including:
Hourly Rate, this payment method is usually made by lawyers for assistance in the small business scope. It is essential to know that every activity of a lawyer in representing the interests of clients, including telephone services for consultation, and other matters such as correspondence for legal advice, preparing and compiling a draft contract are also included in the calculation of “hours” of service to be paid. If this method is used, so when we hold a conversation with prospective lawyers, we choose also to ask the minimum time for service usage. Most lawyers use the minimum time to use their services is 15 (fifteen) minutes. In one example, if a client calls for seven minutes, he will be charged a fee for using the service for 15 (fifteen) minutes.
Fixed Payment (Fixed Rate), the lawyer who will handle a task or project usually determines a fixed payment system (fixed rate). However, this system is not used by services in the scope of litigation (disputes that are resolved through court processes). This system is usually applied to the utilization of services by small-scale businesses. For example, a lawyer sets a fixed rate for producing a contract or document.
Payments based on portions (Contingent Fees) In this system, the attorney receives a share of the proceeds obtained from clients won in a legal dispute. However, the lawyer will only accept a share (Fee) if he wins the case. If not, then he will only receive reimbursement for operational costs that have been incurred. Such portion-based payments are not made in routine business matters. This system is generally used in cases where lawyers work and represent clients for dispute cases through court proceedings, mediation, or arbitration, such as in an event where a claim (lawsuit) occurs for losses due to the negligence or error of another party.
Periodic Payments (Retainers). If a lawyer uses a periodic payment system, then the community as a client pays every month, or it can be designed for annual payments. Previously, various attorney services that will be received by clients must have been defined (detailed) to be mutually agreed upon. This system will be very profitable if the client knows that this client will often need a lawyer in a certain period.
4. Communication
After we choose a lawyer and determine how to pay, make sure that we have to avoid problems that may arise in the future. For this reason, we should always ask for copies of important documents so that we can directly assess and direct them while still paying attention to legal advice and considerations from this lawyer. Make sure that the Lawyer submits all copies of various correspondence documents and final documents made in his capacity as our Lawyer. Because we have chosen, and of course also have paid a lawyer, we have the right to direct how lawyers’ services should be provided rationally, or we get. Ask something to our attorney and establish open communication lines to avoid problems that may arise in the future.
Although the tips for using the services of an advocate written by the admin of the Magelang Religious Court website ended with the sentence, “presented simply to increase knowledge and information for people who need advocate services in Indonesia.” Still, the tips provided are useful for the community and, on the other hand, of course also ” contains “a suggestion of caution for someone in choosing a lawyer.
Although such tips should not be necessary, because the profession of advocate is an Honorable Profession [officium nobile], if one looks at the information given, it is also implied that something is obstructing the advocate profession an Honorable Profession [officium nobile]. Maybe there is a problem because the advocate profession relies on an individual advocate, and in carrying out the work, it may be unprofessional. Still, on the other hand, users (society) sometimes do not always choose the quality and professionalism side of an advocate, and it can be with scales, which they did not understand when making their choice. Sometimes the financial side and at low cost also tend to be the primary consideration in raising advocates, so that anything, as stated in the tips above, is ignored. This means that getting a lawyer who is right and has an understanding of his client’s problems is often covered by practical considerations and not infrequently also because of unwise and subjective suggestions.
There are several writings on tips for choosing and using the services of an advocate/lawyer, but I think the two articles above are quite representative. And the most important thing is from the written tips, that these tips are handy for people to be more “smarter” and careful in choosing an advocate or lawyer to ask for help. All of that is, of course, none other than so that people who use advocate/lawyer services get good service and handling of legal problems from