Kosovo’s Oda of Lawyers for the Prizren region, Blerim Mazreku explains how lawyers should carry the means to customers.
In cases where the lawyer accepts monetary sums on behalf of his client, he is obliged as quickly as possible and without any unreasonable delay transfers him to the client who represented him. Usually the transfer procedure is through bank accounts, where transfer is proven by transfer sheet. In particular cases when a customer wants to be handed over in cash, the lawyer is obliged to withdraw money in his name and to hand it over, but normally he has to create a test case because the client can contest giving money to him. In these situations the lawyer, I believe, is legally covered because he proves that the client has received the money.
However, the first oda for this region, says that not to carry these means to the client, constitutes a criminal offence to use trust.
Mazreku points out that if money goes into cash, the lawyer has to prove that the money is drawn in the client’s name and that it offers the same proof of their surrender to the client.
In cases of non-transference of monetary means to the client, it’s not just a violation of the Ethic Code, it’s a criminal act of misusing trust by the lawyer. In this test situation, however, it’s easy to prove it’s because the bank account and the lawyer’s bank account first proves whether the money has initially been accepted by the lawyer, then if the same has been transferred to his client, and eventually if the lawyer claims that through the cash he has made his due, then I should first have the description that the withdrawal was made on behalf of the client and that this money has been given to the client.
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Source Layer: Signal
