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Now we will discuss each of these recommendations separately.
1. Avoid unlawful use of the law
Often happens that the careless adviser uses the law at own discretion, and it is an offence. Really, in many cases the adviser can be more expert in laws and norms of the area, rather than the average lawyer with the general (unspecialized) practice. However knowledge in this case is not a pardon of the wrong act connected with legal practice without the licence. Being expressed easier, autocratic use of the law consists in a summer residence of legal councils or performance of legal job (drawing up of contracts, representation of the client in court) without legal profession membership.
Even if you do not take a payment for legal job, that, making legal papers for others, can court yourself a trouble. Do not come across in this trap. Never, for example, disagree to prepare the contract for the signature someone, except you. You can and not pursue for use of the law without the licence, but you will be in trouble for certain if the contract parties start to argue, and then will accuse you of confusion creation.
Clients constantly try to avoid payment of fees to lawyers, addressing to the adviser invited for performance of the project, with the request to make, reconsider the contract or to conclude the contract, to answer the questions connected with legality, etc. Advisers usually by the nature are obliging and ready on everything if only to promote success of the project with which are connected. Do not repeat such errors! Explain to the client about the responsibility is better, and it will be enough.
Even if you do not take for it a payment, never use the law at own discretion. Refusal always motivate so: «I not the lawyer, and to you am necessary to consult with the lawyer».
2. Practise the consulting, remembering defence
This heaviest restriction. Therefore also recommendations it is necessary to carry out it is high-grade, though they and are connected with awful paradox. The court will always justify the professional during trial on charge in professional incompetence if it proves that considered procedure will be co-ordinated with normal professional practice of the given trade now. And nevertheless the succeeding dear adviser is both the innovator and the experimenter safely approaching to the decision of problems of the client. We will assume, the adviser has come across the certain theories developed as a result of long-term experience. If it takes of a defensive position cannot run risks to test theories on any certain subject. The same occurs, if it works in the conditions preserving against professional incompetence. Often the initiative should be stopped because of fear to deviate norm.
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