Leaving the university after five years (in some cases six) of theoretical classes, or, at least, a large percentage of them, makes new legal professionals have to face the challenge of putting into practice what they learned when preparing documents specialized and carry out different procedures, typical of the entrusted management.
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Most of the time, the first “clients” come from the family or the neighborhood, since there is always someone close to whom the EPS does not attend or denied a medication, an aunt or cousin who needs to know how to pay their domestic worker or that friend who seeks to determine how much and what the food quota includes.
And although these "small" consultancies do not always lead to fees, despite the debutants of the legal profession, they do serve to "break the ice" in the face of the production of certain writings. (Read: Advantages and disadvantages of limiting the extent of judicial remedies )
Therefore, regarding the day of the lawyer, LEGAL AREA presents a series of recommendations on the five basic documents that every lawyer must prepare to practice their profession.
Power to act
Even when it is the basic document of legal professionals, not all lawyers know how to define its content.
The crux of the matter lies in describing the powers precisely and in accordance with the provisions of the procedural rules. That depends, finally, that a process can be effectively managed and completed.
Many omit to include some verbs, which prevents them from seeking a legal solution to unexpected turns. Others, on the other hand, list the entire dictionary, just in case. The problem with this last "solution" is that it can not only show ignorance, but also cause mistrust in the client, to the point of not giving it.
A power to accept judicial representation, for example, is not the same as that written to assist in the sale of a property. So if you only have one model stored on your computer, be sure to be clear that for each issue that is presented to you you must rethink it or at least adjust it to the real needs of your mandate. (Read: The lawyer profession )
Knowing the difference between a specific power and a general power then becomes a priority to frame the field of action.
Petitions
Everyone knows that exercising the right to petition does not require a lawyer. However, the realization of a document that is expected to lead to a real solution means that these professionals are consulted, because they have the most tools to determine when and how a request is viable.
The differentiating elements of the requests made by the jurists are, without a doubt, the argumentation and the foundation. This does not mean that they "know all of them", but it is true that the training received in the classrooms should allow us to know where to look for the background and precedents that serve to support the request.
Thus, it is clear that a lawyer, beyond focusing the facts and framing the petitions, should be able to describe why he is entitled to an answer or, by that means, to a concrete solution.
Guardianship
The principle is the same as for the requests. Any lawyer should be able to write the request for protection of a fundamental right and, above all, to know what these types of rights are.
Here, as in all legal writings, factual records play a very important role.
While many believe that filling out sheets and sheets of pronouncements that solve similar cases are the most important, they should not forget what the aphorism indicates “give me the facts and I will give you the right”. The description of the case leads to develop the rest of the document and make the specificity of that matter have constitutional relevance.
But, also, you should know what to ask for, because an erroneous approach can make the action inadmissible, even if you are, in essence, right. It is there that good writing becomes the best ally of knowledge. (Read: 10 fundamental books for lawyers )
Contract
Hundreds of minutes of labor, commercial and service provision contracts rest on the network. And although they are of great help, you cannot refuse, a lawyer should not be left alone there, but must be able to prepare the document closest to the business reality.
Indeed, not all agreements are equal, nor do they generate the same obligations or responsibilities. If so, there would be no need to go to a professional.
Therefore, the lawyer must be able to define and accurately describe the contractual object, whatever the branch of law. And for that you have to know the business that your client is about to celebrate.
From there will arise the obligations of each of the contractual extremes, the limitation of liability, penalties or penalties for non-compliance, forms of termination, deadlines and forms of payment and any other condition that is advisable to leave in writing.
The wording of these aspects are those that allow to distinguish contracts made by lawyers, while an ambiguous composition could generate legal risks for the business.
Demand
Regardless of whether it is executive, food, for the declaration of a labor relationship or direct reparation, to give just a few examples, writing a claim must be something for which legal professionals should be prepared.
One might think that since its requirements are enshrined in the law, its elaboration is simple. However, not everyone manages to distinguish a main claim from a subsidiary and even spend work individualizing one fact from another.
Numerous requests for correction derive from this problem, which, in the long run, delays the normal process of a process. But, in addition, an inadequate preparation can lead to an unfavorable decision for the plaintiff for a carelessness in the writing and a disciplinary sanction for the jurist.
To say that you are a lawyer creates the idea in others of owning certain competences, that is why no type of writing can be taken lightly in this profession and, also, it should not be an exaggerated effort to be able to capture the right of the person who comes to the legal services.
While nothing can guarantee the success of a process, the good structuring of a claim guarantees, at least, a good litigation. (Read: Right: think to learn and learn to think )
Others
Liquidating damages, social benefits or food does not require writing, as such. But it cannot be doubted that its exercise and approach is something that all lawyers should know, or, at least, have in the near file to remember the formulas that are useful for it.
The same happens with certain procedures: writing, depleting the governmental route when there is room for it and conciliating. These and other examples can be considered as minimum experiences of a legal professional.
All in all, what other things should every lawyer know how to do? Could it be that new technologies will make these writings cease to be a basic experience for legal professionals?
