| Abstract [eng] |
SUMMARY Attorneys ' liability for the quality of provided legal services Miglė Poškaitė The legal services provided by a lawyer are of general interest and necessity. Therefore, in order to properly satisfy the needs of the users of such services and the public interest in providing legal services, they must comply with the basic operating principles, higher standarts and professional ethics required by the state legal system, which are objectively necessary for successful professional practise. Therefore, in the first part of this work, the author analyses the content and nature of legal services provided by a lawyer, the cases of poor quality legal services and the main principles of a lawyer´s activity and their significance. The second part of the work is devoted to the analysis of the civil liability of a lawyer, its´s duality and the relationship with disciplinary liability. The conditionsof civil liability necessary for the civil liability of a lawyer, the aspects of their establishment and the problems that are revealed in the case law are also examined. The assessment of cases of poor legal services of a lawyer also includes the institute of application of disciplinary liability, the procedure and the significance of its application, which is revealed in the decisions of the court of Honor of advocates. The analysis of both disciplinary and lawyer´s civil liability cases alows conclusions to be drawn regarding the provision of poor legal services and the resulting damage to third parties, their causes, concequences and possible preventive measures to ensure that all persons seeking legal advice of a high quality legal service, the provision of which is connected with the provision of the public interest important for the whole society and which is of the Constitutional level. Throughout the work, the aim is to answer questions about where a lawyer is obliged to provide quality legal services, what services are considered high quality in legal doctrine and Lithuanian court practise, and what is not – whether the term “professional” responsibility presupposes stricter standards, when assessing a lawyer´s behavior. |
