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Every citizen has the right to be accompanied by a lawyer before any public authority, and even before certain private entities with authority (i.e., labour relations with employees), in order to protect his rights.
When a citizen is a party in a legal procedure, the general rule states the need for a legal representation. In this case, not only is he accompanied by a lawyer, as there is a true participation in the legal procedure, since that matters of law are being discussed and its often complex nature asks for an adequate qualification in order to indulge in a proper presentation and debate.
In administrative and civil procedures it is mandatory to appoint a lawyer every time an appeal procedure is possible.
In criminal procedures, the defendant must appoint a lawyer in the following situations: enquiries to detained or arrested defendants; fact-finding debate and, as a general rule, trial hearing; and in case the defendant is blind, deaf, mute, illiterate, stranger to the Portuguese language, under 21 years old, or in case of a possible legal disability.
Legal representation is also mandatory in case of an accusation, and hence the court should appoint it if the defendant does not. It is required, as well, in case the party is the assistant in a criminal lawsuit – such as, for instance, an offended or a complainant.
Each lawyer has a different approach in each case and, according to the general market rule, the amount of time spent (alias, hourly rate) or a normal rate for the specifically solicited work that has been carried out, might be taken into consideration in what concerns legal fees. When estimating their legal fees, each attorney must consider the complexity of the matter, the economic conditions of each client, the value of the matter and the level of skill and specialized knowledge involved.
Yes, he can. According to article 38 of the Decree Law number 76-A/2006, of 29th March, notaries, registry officials, lawyers and solicitors and chambers of commerce and industry are given the competency to issue legal recognitions, authentications, translations and its certifications.
It is common knowledge that small and medium sized enterprises often rely on their accountant to elaborate agreements, especially employment agreements between the company and its employees, as well as corporate matters, such as general meetings’ minutes.
However, an accountant is a professional duly certified by the Certified Public Accountants Association, not a professional lawyer certified by the Portuguese Bar Association. Only lawyers are expressly authorized to perform all acts proper of their legal profession, under penalty of incurring in non- authorized legal practice.
