Your lawyer will study your case to establish if it is considered to be an offence. Your lawyer will verify the solidity of your arguments and your elements of proof.
The profession of a lawyer is objective and independent and is subject to professional rules and ethics.
Your lawyer is subject to the law of secrecy.
The lawyers are registered at the Bar of Monaco which is managed by the Order of the Counsel, presided by the President of the Bar.
You can obtain the list of lawyers registered at the Bar of Monaco and their contact details by contacting the A.V.I.P. and on the website of the Bar Association:
THE PURPOSE OF A LAWYER
A lawyer informs you concerning your rights and duties.
A lawyer can advise you or give you legal advice and research regarding the procedures suitable to solve your case.
A lawyer defends your interests by assisting or representing you in the procedures. A lawyer creates legal documents (Assignations, conclusions, requests…) pleads in court and assists you during your court trials ordered by a judge.
A lawyer can refuse to take your case for various motifs at his discretion. Normally though, lawyers who are designated to provide legal assistance, must by principal accept your case.
Normally a lawyer can practice all the different types of law. Normally, lawyers are specialised in certain types of law (civil law, criminal law, labour law…)
If you are a victim of a criminal offence, your lawyer can intervene, during all the procedure, in order to defend your rights.
During your procedure, your lawyer can represent you and thus you are not obliged to be present at the trial except only in the case where you are requested to appear before the court.
The assistance of a lawyer is never obligatory for victims.
PAYMENT OF YOUR LAWYER
A lawyer receives fees for their work and will enter into an agreement with you concerning their fees and payment of them.
The cost of their fees depends on the difficulty of your case, of your financial situation, their notoriety, the costs that they must cover and their diligences. They must inform you regarding all their fees.
It is recommended that you sign an agreement with your lawyer stating fixed fees for your case.
This agreement on fixed fees which your lawyer will be owed (a basic fee or a calculated fee based on your lawyer’s time spent on your case, according to an hourly rate agreed upon in advance) the terms of payment, a spacing out of payments (payment amounts to be given to your lawyer), and eventually the fee based on the result obtained.
Important: Certain insurance contracts (often in multi risk home insurance) contain clauses of “defence-appeal”.
They can equally contain legal protection, to obtain your rights, the rights of your spouse, of your children, and any other person who lives normally with you.
This legal protection guarantees and takes care of, in certain cases and within limits pre-planned in your contract, the fees of your lawyer and legal fees.
According to your contract, your insurance company can propose to you a lawyer or let you choose a lawyer who they will agree with. In the latter, your insurance company will reimburse the specific costs according to the fee scale which is stated under the general conditions of your contract.
If your resources are modest, you can benefit, under certain conditions, from legal assistance.
THE A.V.I.P. ASSOCIATION
The Victims of Offences Help Association, A.V.I.P., abbreviation in French, was created in July, 2014 under the law no. 1.382 of July 20th, 2011 corresponding with the prevention and suppression of specific violence.
HOW TO PROVE THAT YOU ARE A VICTIM
During the denunciation of the facts, your explanations must be clear, precise and complete and you must gather together the maximum amount of proof in order to show the existence of a criminal offence and damage.
WHO CAN I TURN TO
Face à une situation difficile, vous n’êtes pas seul(e) et plusieurs dispositifs sont à votre écoute pour vous aider, vous guider et vous accompagner.