The experience of working with projects with an international component has led to some reflections on the peculiarities of interaction with foreign consultants. Without pretending to be universal and unique, I structure my own achievements and experience.
The realization that this information may be useful to someone and will make them think before starting communication came to me after such events.
In Vienna, the purchase of housing by foreigners takes place with the permission of the magistrate. There is little land for construction, so they will not sell an apartment to anyone, let alone two or more. Investors from Ukraine wanted to buy more apartments in an old building that was undergoing reconstruction. Knowing full well the limitations: one family and one apartment, the gentlemen signed preliminary agreements with developers for the purchase of two apartments. One was for the husband, the other for the wife. The magistrate took longer than usual to process the documents. They refused to grant the permit, having calculated the intention to circumvent the restrictions. Moreover, both the husband and wife were blacklisted, so they were not destined to become owners of apartments in the pearl on the Danube.
The deadline for obtaining the apartments expired, and the developer (to put the entire building into operation) took the coveted meters from the couple and charged serious penalties. It should be noted that the local consultants came from post-Soviet countries, so they were tolerant of investors' risks. Moreover, the fee for their services was taken in advance.
I don't draw any conclusions, but the old Ukrainian game of "we have taken everyone for fools" often ends in defeat in relations with foreign government and private institutions.
As for consultants who do not refuse to participate in frankly dubious projects, you should treat them with caution: both in terms of risk transfer and fee conditions.
In the legal and related advisory markets operating in countries favored by Ukrainians and other residents of the so-called post-Soviet space, it is a good idea to create a Russian and CIS Desk. Previously, it was a necessity, because the inability to communicate in foreign languages was a hallmark of compatriots. Now it is a tribute to cultural differences that need to be interpreted by both sides.Such cultural differences cause many problems in communications.
1. Becoming a client of a foreign lawyer (consultant) is possible subject to the verification and identification procedure. You should be prepared to answer simple questions about personal data and sources of income. Especially if the case in which you need legal assistance concerns valuable property. It should be borne in mind that payment for legal aid will be accepted from the client's account. Payment from third parties (especially those not related to the client) will only raise questions, and may result in immediate termination of business relations. The peculiarity of lawyers from German-speaking countries is that they do not communicate with clients by cell phone. You need to agree on a conversation in advance. You will have to call the office on a specific day and time. If it is really urgent, you can send a message through an assistant (secretary). And yet, in German-speaking countries, lawyers respect their own time. It is not worth arranging a conversation outside of working hours, or expecting someone to take care of the case during the Christmas or Easter holidays, on vacation, on weekends. So you should plan in advance.3. In Germany, lawyers respect specialization. There are some universal soldiers (like us), but the more reputable the firm, the deeper the specialization of its lawyers. You should not expect that a family lawyer will tell you what consequences a divorce will have for the corporate rights of a company. The fact is that the mandatory liability insurance of a lawyer for poor-quality legal services is more expensive, the wider the lawyer's practice. In the worst case scenario, you may be denied compensation and have to pay off the claims of a dissatisfied client out of your own pocket. There is something to think about.
4. It is not worth coming to foreign lawyers (practicing in the EU, USA, UK) with requests on how to make an openly illegal case look legal, or how to hide an illegal scheme. Recently, at one of the international taxation forums, consultants discussed the following moral and economic dilemma: should the cost of man-hours spent on reporting to the competent authorities on the receipt of a request for advice related to aggressive tax planning (minimization of the tax burden in our opinion) be attributed to the client's account? The audience was divided exactly in half in favor of and against this approach.
Attorney-client privilege also works in European countries. That is, when the obligation to report clients to the competent authorities is not directly provided for by special legislation. The lawyer will listen, keep the information, but will most likely refuse to cooperate.5. Films about lawyers from the United States have distorted our perception of their supernatural abilities and the flexibility of the local law enforcement and judicial system. No one makes clouds with their hands, and in criminal proceedings, it is better not to apply to the court with a petition without the consent of the prosecutor. Consultants in the United States are an expensive business. Litigation in the United States is a long song. Get ready for advance payment, financing of additional expenses. And spend less time talking about nature and the weather. A separate challenge is to find a lawyer with the right specialization and practice in the appropriate state.
From the above, there are several obvious conclusions: you need to know how, with whom and what to communicate in order to get what you want, not to pay too much and not to get into blacklists or even to statements about a crime.And here it plays a big role how the client gets to the lawyer. If on the recommendation of a colleague, this is one thing. If, as they say, from the street - a completely different attitude. A lawyer from Ukraine with experience in supporting international projects will become an additional burden on a considerable budget, but will simplify communication, sometimes recommend already proven providers and help with the correct formulation of tasks, fixing obligations, and explain the result.
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