Tidal Advocate-Client Relationship

Trust is key in the client-lawyer relationship. Perfunctory defense could fuel resentment clients. Conversely, excessive defense against the client could fuel anger others. Moreover, if the lawyer issued a statement that offends a third party.
The most recent case happened Virza Hizzal Roy. Young Advocates of Law graduate of the University of Indonesia graduate was sentenced to honor the Honorary Board, the Regional Assembly (DKD) Jakarta Indonesian Advocates Association (PERADI). Violated Article 3 of the Code Advocate h Indonesia (KEAI), Virza dijatuh sanctions stern warning and pay legal costs 3.5 million rupiah.
Cases that make the case dragged Virza breach the code of conduct could not be separated from the client's defense. He defended free of charge two workers who were dismissed from PT Jurnalindo Graphic script. One of the road taken is trying to publicize the case Virza his client to the media, by sending a release. One of the submissions it received media is Bisnis Indonesia daily print media published PT Jurnalindo Literacy Graphic. In the release there is sentence 'oppressors and exploiters of workers'.
Jurnalindo that sentence protested. The Company requested that Virza interesting release. Efforts to reconcile these cases did not succeed. Through legal counsel, Jurnalindo Virza finally reported to the Honor Council PERADI decision to drop last April.
DKD Virza colleagues criticized Jakarta's decision. Because, Virza was fighting for the interests of his client. Moreover, the defense is done probono. "Remember, the goal is noble Virza the fight for labor rights," said Wesley Parulian Sibarani Eddy, Chief Justice Seeker Youth Organization.
Virza not the only lawyer who was convicted of certain actions when defending a client. Nyoman Suryadarma still remember the case right? Advocates from Bali was once sentenced to six months suspension DKD London in February 2010 two ago. The cause: the lawyer leading the witness to lie in the murder of journalist Bali. Nyoman Susrama, the defendant in this case, the client Nyoman Suryadarma. The act told witnesses to lie violates the Act and code of ethics advocates. Suryadarma is leading the witness denied.
Law No. 18 Year 2003 concerning Advocates determine advocates of legal services provided include legal advice, legal assistance, and other legal acts for clients' legal interests. Advocates are also required to maintain the confidentiality of its clients. Trusting relationship is the foundation lawyer-client relationship.
If trust is lostBut the lawyer-client relationship is not always harmonious. Sometimes trust is difficult to turn into a dispute resolved through regular communication.
The causes are many. The most common is due to the honorarium (fee) and the lawyer-client disagreement concerning certain legal steps that must be done. If advocates suggest certain steps, but the client does not agree, the confidence level can be thinned. If the trust continues to erode further, giving authority to drop out either because of client initiatives, as well as advocate retreat.
Case of withdrawal of Ferry Amahorseya as a team member attorney Wafid Muharram can be used as an example. Ferry back because not agree more with his client. "There is a discrepancy understanding and thinking about defense policy direction should I do with the defendant desired," Ferry said in Jakarta Corruption Court session October 12 last year, while announcing his resignation.
The defendant is none other than Wafid Muharram. Ferry to Nazaruddin presented as a witness in the trial. The client believes the opposite. Differences of opinion that finally stuck, and Ferry pick attorney withdrew from the team.
Because of honorariumThe lawyer-client relationship, honorarium to be something important. Honorarium is payable rights advocates as agreed by the client. Payment mechanisms and other requirements are also based on the agreement. "It's an agreement between the lawyer and his client," said Ari Yusuf Amir, the lawyer who wrote the book Strategic Business Services Advocate (2008).
If the fee is not paid as agreed, lawyers are usually filed suit against the client. Iwan Kurniawan, a lawyer in Riau Islands, had filed a petition against his client in court Tanjung Pinang, last October 2010. Iwan after five clients sued to unilaterally decide the legal power after a civil case is taken care of land is completed. In the previous agreement has been agreed upon John and his team of attorneys will share 40 percent of the total area of ​​land that was won. But the two sides finally agreed to terms.
If the client still does not pay honoraria advocate, the advocate can be sent to the client's bankruptcy petition. Hukumonline note this step ever taken Adiprasetyo & Partners law office of PT Jakarta Monorail, in 2007. Both parties are finally reconciled.
Advocates steps to sue the client because the issue of honorarium may be justified, at least it can be seen from the decision of the Supreme Court No. K/Pdt/2011 640. Panel of justices H. Atja Sondjaja, Prof. HM Hakim Nyak Pha, and Prof. Rahmadi destiny, Gani Djemat favor of Billy Sindoro & Partners. Billy Sindoro never give power of attorney to advocates of the law office when Billy face the Corruption Court case in Jakarta.
In its discretion, appoint a power of attorney of the Supreme Court December 1, 2008 which contains the provisions 'of this power is given to the payment'. According to the Court, the defendant has not carried out so that the payment is called default. Billy was sentenced to pay a fee amounting to Rp500 million lawyers.
The key: AgreementLegal reasoning of the Supreme Court refers to the agreement made advocate-client relationship. Maqdir Advocate Ismail explains common early advocate and client relationship is merely a power of attorney. After that, a new discussion about the fee agreement. Honorarium bids often come from lawyers. "Legal fees are made such that the offer letter," said Maqdir. If the client agrees, the two sides will sign.
Treaty advocates and clients is essential to prevent potential noise in the future. Moreover, said Artaji, lecturer at the Faculty of Law University of Padjadjaran Bandung, the position of lawyers and clients are basically balanced. Weak in understanding client's legal position. But through the agreement, both parties to be balanced. Through the agreement, said Artaji, rights and obligations of the parties to be known. "So the client and lawyer is protected," he said.
The same opinion was delivered lawyer Ari Yusuf Amir. From the beginning, the advocate and client should discuss the rights and obligations of each, and then pour it into the agreement. Even if there are bargaining process in determining the fee, according to Ari, it was something unusual. Determination of the tariff determined many factors. Each lawyer or law firm has its own criteria.
In order not to create problems in the future, Ari advise a client advocate and pour the contents of the agreement in detail. Do not just focus portend honorarium, because there are other things that can cause lawyer-client relationship deteriorated. Problems can come from clients, it could be from an advocate. "The agreement not only puts the fee, but also obligations," suggested the lawyer who handles cases once Antasari Azhar is.

Sources: www.hukumonline.com