Kamis, 06 Januari 2022

What Legal Ties Underlie The Relationship Between The Client and The Lawyer?

(Offset.com)

By:
Mahmud Kusuma, S.H., M.H.
(Certified Attorneys at Law)

Previously, the Hukumindo.com platform has talk about "How To Report Online Scammer Or Fraud To The Police In Indonesia", read also "How to Open a Police Report in Indonesia?", and "How To Check The Validity of Indonesian Advocates?". And on this occasion we will discuss about 'What Legal Ties Underlie The Relationship Between The Client and The Lawyer?'

When you have legal needs in the territory of Indonesia and hire the services of an advocate, then your choice is right. Advocate services will make it easier for you from the legal matters you face. You will save time and energy in resolving a legal issue. When you hire the services of an advocate, there will be a legal relationship between the client and the advocate. Do you know what legal ties underlie the relationship between the Client and the Lawyer?

Check the Validity of Your Advocate

As the author has stated in a previous article entitled: "How To Check The Validity of Indonesian Advocates?", The first step you must take before hiring an advocate is to check the validity of the practice permit. Based on the provisions of Articles 2 and 3 of Law Number: 18 of 2003 concerning Advocates, there are several legal products related to proving someone as an advocate:[1]
  1. Letter of Appointment as an Advocate (Issued by advocate organization); and
  2. Certificate of Oath as an Advocate (Issued by Head of the relevant Provincial High Court);
  3. Advocate membership card (Issued by advocate organization).
When you are in Indonesia and have the intention to use legal services through an advocate, it is very important to choose a legally-valid lawyer. Checking the advocate validity you will choose becomes a necessary so that there will be no losses occur in the future. So, its alright to ask your advocate about their validity such as: (a). Letter of Appointment as an Advocate, (b). Certificate of Oath as an Advocate and (c). Advocate membership card, for your safety.[2]

Be smart that civil servants, state apparatus or law graduates who do not qualify as advocates cannot be your attorney and therefore cannot represent your legal interests in Indonesia. For anyone who claims to be an advocate but can't prove his legitimacy, perhaps that you're out of luck and maybe a fraud is going on.[3]

Legal Ties Underlie The Relationship Between The Client and The Lawyer

When you have chosen an advocate who in your opinion is good, then there will be a legal bond that must be resolved first between you and the lawyer. This legal bond between a client and an advocate is what is meant by legal ties underlie the relationship between the client and the lawyer. After the agreement is reached, then the lawyer can work to resolve your legal problem. Generally, there are two legal documents that underlie the client's relationship with an advocate, namely power of attorney and legal services agreement.

1. Power of Attorney, let us know first the definition of the word "power". According to Frans Satriyo Wicaksono, "Power" is power, strength, or authority. In English, it is called power and in Dutch it is called gezag or macht. Meanwhile, the Big Indonesian Dictionary (KBBI) states the definition of power as "which contains power of attorney to someone to take care of something".[4]

So, a power of attorney is a document that authorizes another party to carry out legal actions on behalf of the authorizing party, because the authorizing party is unable to do it himself. These authorized party includes lawyers.[5]

The legal basis for a power of attorney is regulated in Article 1792 of the Civil Code: "The grant of power of attorney is an agreement by which one person gives power to another person, who accepts it for and on his behalf to carry out a legal matter".[6] 

2. Legal Services Agreement, the relationship between a client and an advocate is usually stated in the form of a legal service agreement. Or whatever the name is but still the same. This agreement regulates the rights and obligations of both parties as well as the scope of work that must be carried out by the advocate. In the agreement, it can also be regulated regarding the settlement of disputes that may arise in the future between the client and an advocate, regarding fees and other matters that want to be arranged between the two.

The legal basis for a power of attorney is regulated in Article 1320 of the Civil Code concerning Terms of the validity of the agreement. As a logical consequence, the provisions of Article 1338 paragraph (1) of the Civil Procedure Code which stipulate that all agreements made legally apply as law for those who make them.[7]
 
In general, the legal relationship between an advocate and a client in Indonesia is regulated by two legal documents as mentioned above. And if you have any issue with this topic, contact us, feel free in 24 hours, we will be glad to help you.


*) For further information please contact:
Mahmud Kusuma Advocate
Law Office
Tokopedia Care Tower, 17th Floor, Unit 2&5,
Outer West Ring Road, 101, Rawa Buaya,
Cengkareng Subdistrict, West Jakarta,
Jakarta - Indonesia.
E-mail: mahmudkusuma6@gmail.com
_________________

References:

1. "How To Check The Validity of Indonesian Advocates?", www.hukumindo.com., Diakses pada tanggal 06 Januari 2022, https://www.hukumindo.com/2021/10/how-to-check-validity-of-indonesian.html
2. Ibid.
3. Ibid.
4. "Surat Kuasa: Pengertian, Ciri-Ciri, Jenis, dan Contohnya", www.detik.com., diakses pada tanggal 06 Januari 2022, https://www.detik.com/edu/detikpedia/d-5523325/surat-kuasa-pengertian-ciri-ciri-jenis-dan-contohnya
5. Ibid.
6. Civil Code (KUHPerdata)
7. Ibid.

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