F.A.Q.

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Legal

When do I need a lawyer?

You will probable turn to a layer for support, if you:

are getting divorced;
are facing criminal charges;
intend to buy or sell real estate / a company;
write a will;
need to deal with issues of legacy;
need to manage a company or a large group;
face problems at work;
are involved in a road accident;
find yourself involved in a lawsuit.

Please ind all the law firm’s areas of expertise here

When do I have to accept bankruptcy?

Only if every other attempt at solving your financial difficulties has failed will you be forced to file for bankruptcy. Even if the decision to do so can only be taken once your financial situation has been thoroughly examined, declaring bankruptcy might be a useful strategy in case that

all your attempts at paying or rescheduling your debt have failed;
there is a substantial amount of unsecured debt;
there is unsecured debt, which the creditor does not intend to recover from the debtor’s assets, in case the latter does not pay or
there is the need to stop the pressure exercised by creditors.

How to tell who is at fault in a road accident?

To answer this question, one has to establish who, according to the traffic regulations, was at fault, imprudent or careless.

Sometimes, for example in the case of a driver ignoring a stop sign and subsequently hitting another car, the violation of one of these regulations is evident and can easily be identified as having caused the accident. In other situations, telling who was at fault might well prove more difficult.

What will happen during my first appointment with NC Advocat?

Your lawyer will thoroughly examine your situation. At this early stage, transparency is key. Afterwards, it is essential to give your lawyer all the pieces of information that he or she requires to go ahead and give you legal advice.

I cannot afford a lawyer, what am I supposed to do?

In such as case, you can ask for legal aid granted by the Conseil de l’Ordre. Such aid might apply in judicial, contested or non-contested procedures, regardless of whether you are plaintiff or defendant. Please find additional information here.

Is the information I give my layer confidential?

Due to the principle of professional secrecy, any communication between a lawyer and his clients is strictly confidential. Therefore, you can inform your lawyer about all the facts that are relevant without being afraid of potentially harmful information going public.

However, this principle only applies if the client reveals confidential information to obtain legal advice or make use of legal services. Any information you give your lawyer that does not fall under the said principle will still be treated confidentially and, as a result, can be disclosed in certain circumstances only. These circumstances are outlined in the legal code of ethics. Should you require additional information, please see the web page Barreau de Luxembourg

Can I change my lawyer?

Yes, you can do so by simply informing him or her about your intention. In such a case, it would be polite and appropriate to give early notice, not least because your lawyer has to obtain the court’s approval in order to step down. Naturally, if you decided to change lawyer, you would still be supposed to settle the invoices for services performed on your behalf as well as cover the expenses incurred.

NB The number of such changes is limited, in case you benefit from legal aid.

Can I manage a legal issue without turning to a lawyer for support?

If it is indeed possible to defend yourself or to entrust another individual that is not a layer with your defence, this holds true for certain juridictions only. Others require the presence of a Barrister-at-Law. Lawyers have been trained to provide legal support, and it is vital to fully understand the legal procedures, deposit requirements, deadlines, etc. An outsider can easily overlook some of all these aspects.

Who is a lawyer?

A lawyer is someone who, once having been officially sworn in, is authorised to provide legal counsel and support. He or she has the mandate to act on behalf of his or her client.

What do I need to do if I suspect my lawyer is not authorised to practice law?

In that case, it would be best to inform the Barreau du Luxembourg:

Ordre des Avocats du Barreau de Luxembourg
B.P. 361
L-2013 Luxembourg
info@barreau.lu

What am I supposed to do in case I am involved in a road accident?

Do not leave the site of the accident in order to avoid your being excused of hit-and-run. However, take care of your own safety. Once this is done, try to keep track of what happened by means of taking notes or pictures. Like that, it will be much easier for you to give an account of what happened than when you rely on your memory alone.

Put details down as soon as you can. Start with what you were doing and where you were going. Were you alone in the car or not? What were the weather conditions like? Include everything you saw, heard and felt. Also add any information stemming from others – be they directly involved in the accident or witnesses to it.

Finally, keep a daily record of your injuries. You might suffer from pain, discomfort, anxiety, sleep loss, or other issues. Such a record might prove extremely useful when claiming damages.

What do I do if my layer does not answer my calls and fails to keep me informed on the status of my file?

Lawyers have to keep informing their clients about the state of their files in a reasonably and timely manner. This, however, does not mean that they have to be available around the clock. Since there is a legal procedure in operation for each and every matter, it is highly recommended to stick to it and communicate with your lawyer along the way. If you have doubts about something, do dont hesitate to bring them up, since the cooperation of client and lawyer is essential for reaching a positive outcome. The client has to listen attentively to his lawyer and give him or her detailed instructions. Should you feel that you are not kept in the loop, ask your lawyer how to improve communication without incurring additional cost. You will find yourself in a partnership which requires both parties to act reasonably.

What is the law firm’s pricing policy?

For the sake of utmost transparency and cost efficiency, NC Advocat Luxembourg has acquired software revealing the progress of each file. If he or she so requires, the client will be given access to the list of different services that the law firm has carried out.

What kind of services does a lawyer provide?

To best meet your requirements, lawyers can counsel you and take care of your defence in any area of the law. They also have obligations toward their clients in terms of ethics. The underlying principle of the legal profession rests with the layer making sure that each client knows his or her rights.
Thus, lawyers have to:

serve their clients competently;
be absolutely loyal to them and
keep any communication confidential.

Next to respecting the three fundamental obligations mentioned above, lawyers also have to meet certain quality standards. The code of ethics of the Barreau du Luxembourg outlines the manner in which legal services have to be provided (see here). Lawyers, in general, are there to