In the current socio-political scenario it is not uncommon for a resident of Kazakhstan to be summoned by the court at least once in his lifetime. It may seem unnecessary to have the contact number of a prudent lawyer or law firm on speed-dial at the moment. But it can save you a lot of harassment and loss on the day you need one at a short notice. Not everyone is legally competent; hence it becomes even more necessary to have the contacts of a trustworthy attorney or lawyer.
Something everyone should know
Most common people lack the knowledge of the types of services, the difference between lawyers, attorneys and notaries and the kind of services they should seek for their legal issues. So here we are, trying to help you understand the basic facts about the legal services in Kazakhstan. Today we will answer all your questions about legal services, their benefits and how to choose the best legal service for you and your family.
Firstly every citizen should know that right to fair trial is their fundamental human right. As a part of the 1948 Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights (ICCPR) bills, it became a legal obligation for all countries including Kazakhstan. As stated by the Constitution of the Republic of Kazakhstan only the court has the right to exercise justice. The defendant and the plaintiff both have the right to appoint their own lawyers before appearing in front of the court.
The types of law
Most people are still confused regarding the roles of lawyers and attorneys. People end up using these words interchangeably. However attorneys do not have the right to represent their clients in court. Attorneys are citizens of Kazakhstan with a law degree and the license to practice law to protect the rights of the common people. They may be a member of the bar association as well. The lawyers of Kazakhstan on the other hand can only provide all kinds of legal advice and services except representing the defendant in court. Hence the attorney is the representative of the appointee (defendant or plaintiff) in the court of law. An attorney is bound by law to protect the privacy of his client at all costs.
On the other hand, a notary can refer to an organization whose main purpose is the protection of all rights and legit interests of the citizens of Kazakhstan. Their services extend from certification of legal documents to performance of notarial acts for securing legal rights of the citizens of Kazakhstan.
How to choose the right lawyer?
Now comes the question of finding the right lawyer who suits all your needs. You may go the old school way and refer a phonebook for the details of a lawyer or you may look for one on the internet. However you will hardly find any testimonials or referrals which assure you of superior legal services. So here are a few time-tested ways to find a good lawyer in Kazakhstan.
Personal references: this is possibly one of the oldest however the best ways to find a good lawyer. Good talent can be publicized by the word of mouth. Hence you can rely on referrals from your friends and extended family for finding a lawyer who promises astute services. With personal referrals you can also get a good idea about his fee, business practices and mannerisms. These are very important when it comes to finding efficient lawyers and law consultants.
Lawyer referral services: although this is rare in Kazakhstan, these lawyer referral services can give you the contacts of suitable lawyers based on specific requirement criteria. They are however very similar to phonebook listings and internet listings and are devoid of any testimonials, experience indicators and qualification verifications. However they are quick and perfect for problems regarding citizenships, immigrations, property disputes etc.
Advertisements: just like any other services, lawyers and law firms also resort to public advertising. But one must be cautious while choosing attorneys and lawyers based on adverts. All that glitters is not gold and dazzling adverts do not mean the law services will be good.
While going for law services based on adverts always try to locate their previous clients. If possible take more than one referral before signing a retainer with the law firm. This will save you a lot of mental and financial troubles in the future.
What demands prompt legal services?
Most experienced law firms in Kazakhstan function in more than one field of law. It is a country of disputes and unrest; hence the law firms employ the best lawyers who can defend the clientele in myriads of situations. A few of their practice areas include:
- Banking and Finance: very simply speaking, most of the legal services offered in this area include legal assistance with respect to transactions on capital markets and business financing. The services can also be extended to investment banking, placement of securities, bond issues, loans, credit products, licensing of banks, insurers and investment firms.
- Intellectual Properties: this usually deals with the registration and protection of all kinds of intangible properties.
- Legislation and Arbitration: the lawyers in this branch represent their clients in civil and administrative courts during both civil and criminal cases. Their exclusive services include mediations, negotiations and pre-court settlement of cases with opponent parties.
- Corporate Law: the classic features of corporate governance include the development of code and internal documents, the services further include assessments, diagnostics and defense of the rights of stakeholders. A branch of this law includes Mergers and Acquisitions (M&A). This provides legal support during the development of legal documents, foundation and liquidation of corporations and reallocation of assets.
- Labor Law: this is a predominant aspect of Kazakhstan law associations. This branch extends support for the protection of legitimate employee rights. From drafting contracts and agreements to regulation and mediation of labor compensations, the Labor Law divisions of law firms provide a wide range of services.
- Tax Law: a very important leg of Kazakhstan law is the legal support for tax deduction and inspection. Once you have a tax attorney or a lawyer you can expect smart advice which will save you money and will help you optimize your resources without having to know about the intricacies of tax law and tax slabs.