The advisory role is an integral part of the legal profession. If professionals intervene in a dispute, assist and/or represent their clients in litigation, defend their interests and ensure a successful outcome, the lawyer also acts as an advisor outside of litigation.
As a privileged interlocutor in many everyday situations, the lawyer adviser can save you time and money. His role as an advisor stems directly from the duty of loyalty, in accordance with the decree of 12 July 2005 on the ethics of the legal profession.
He must exercise his profession in complete independence: he cannot advise two opponents on the same subject if there is a conflict of interest between them. Your lawyer will protect you personally throughout the proceedings. The legal profession requires legal skills and constant updating of the applicable law. Your lawyer knows the law and will use his or her knowledge to advise you as accurately as possible.
When to call a lawyer for legal advice?
As part of his or her advisory role, your lawyer is entitled to provide legal advice and/or assistance in the amicable or judicial settlement of a dispute.
Counsel in amicable or judicial proceedings
Are you facing a dispute? Whether you want to defend yourself or sue to enforce your rights, your lawyer will support you before, during and after the resolution of your dispute. Your lawyer will advise you on whether to sue. Taking into account the state of the law and the jurisprudence, he calculates your chances of success and displays the possible results. Depending on the cost and time involved, you decide together with him whether it is advisable to resolve the conflict amicably and/or legally. Throughout the procedure, the lawyer regularly updates his advice according to the progress of the case and manages the negotiations. If no amicable solution is found or at the end of the hearing, your lawyer will work with you to consider possible remedies – summons, appeal, etc.
Daily legal advice: personal and professional
As a legal professional, your legal advisor not only knows the law, but also the best ways to take advantage of it. He or she can be consulted on any legal matter, including:
- A family law attorney can advise you on the best matrimonial regime taking into account your financial and professional situation and your own interests. He is also competent to intervene in the establishment of the succession: a lawyer will advise you on the most advantageous ways of transferring assets due to your family and financial situation. Following his advisory service, the lawyer is able to draw up the necessary documents – marriage contract or PACS contract, donations etc. – and to draw up the necessary documents for the transfer of assets.
- A business or tax lawyer advises you on setting up a company – commercial or individual. He can help you optimize your legal status and your tax situation.
- A real estate lawyer will assist you with complicated arrangements – a purchase in the family SCI, the creation of a holding company, a merger or sale…
- An employment lawyer is a valuable ally if you anticipate a dispute with your employer. By informing you of your rights and advising you on the actions to take (for example, negotiating the termination of your contract), he or she can help you avoid the constraints associated with proceedings before the Labour Court.
Free advice from a lawyer
You can take advantage of free legal advice.
Some public authorities (chambers of justice, CDAD, etc.) organize free consultations.
You will meet a lawyer to whom you will explain your problem. He will guide you towards the best solutions. Your local town hall and court may also offer a free consultation. Consumer associations offer free specialist lawyers to advise you on how to defend your interests against a professional.
There are two other ways in which you can access free legal advice: – Your insurance policy covers this.
– You benefit from legal aid: a lawyer advises you free of charge in legal proceedings.
Choosing a lawyer for advice
You are free to choose a lawyer. In order to make the right choice, you can use the following criteria:
- You will find a lawyer near you: you limit the restrictions of travelling to his office.
- The price criterion, you will be able to take advantage of a cheap lawyer: if you do not have access to free consultations, a cheaper lawyer is a good alternative.
- You can rely on oral and/or online opinions: you check the reputation of your lawyer to make sure he is an expert.