Advocacy and Legal Advice Centre

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• Advocacy and Legal Advice Centre
• - Internal procedures -

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Registration of the assisted

• (1)The registration of the assisted is done at
  the Center by completing the assisted file,
  together with the complaint and other required
  documents.
• (2)When the registration of the case is done by
  telephone, the assistant will temporarily
  register the case, along with the references to
  the problem raised. After an analysis is made by
  an adviser, a first meeting at the Center will be
  scheduled, during which the permanent
  registration of the case will be made.

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Registration of the assisted

• (3)The registration of the assisted will be made
  both on a paper file, as well as in electronic
  format.
• (4)The advisers do not hold the right to register
  themselves the assisted unless the assistants did
  not show up to work.
• (5)Each operation on the assisted persons file
  will be made by the assistants, specifying in
  writing the date and their signature.

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Keeping evidence and transmission of files

• (1)The files of the assisted will be completed by
  the assistants and will be comprised of the
  following elements the assisted registration
  form, documents establishing identification, the
  observations and viewpoints made by the advisers
  on the case, proposals of sending the case to
  partners (i.e. authorities, NGOs, mass media,
  etc.) additional documents attached by the
  assisted, elements of fact the assisted have
  presented during the meetings with the advisers,
  and the signed contract of confidentiality..

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Keeping evidence and transmission of files

• (2)When a case is closed, notes to the file will
  be made of the final outcome of the proceedings,
  the costs (if such should be the case use of
  outside experts, press conferences, travel costs,
  printing of leaflets, etc.), the total number of
  work hours in the case, the measures taken, a
  classification index for additional reports or
  studies, the adviser's report and the conclusions
  on the case (which are discussed during thematic
  meetings).

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Keeping evidence and transmission of files

• (3)Any changes to the file are dated and signed,
  both on the paper and electronic formats, by the
  person who makes them.
• (4)If an adviser determines that the problems of
  the case are not of his area of expertise
  (administrative jurisdiction or legal
  assistance), he will complete a redirection note
  accompanied by all the files data and will send
  it to the competent adviser.

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Keeping evidence and transmission of files

• (5)In situations of difference of opinion, the
  decision to continue solving the case will be
  determined during thematic meetings with the
  participation of all the advisers.

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Scheduling and frequency of meetings

• (1)The scheduling of meetings is determined by
  the adviser and is communicated to the assisted
  by the assistants.
• (2)The scheduling of meetings between advisers
  and the assisted should respect the general rules
  established by the Center, but should also take
  into account the availability of the assisted.
• (3)As a general rule, meetings should not be
  scheduled at intervals of less than a week or
  more than a month, except in emergency cases, or
  when such a period is required due to the length
  of the legal terms of answer from the authorities.

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Scheduling and frequency of meetings

• (4)Scheduling the next meeting may be done during
  the current meeting, with the assistant being
  notified in order to enter the date of the
  meeting in the adviser's agenda of meetings.
• (5)As a rule, two meetings in the same day for
  the same adviser will not be scheduled.
• (6)Canceling appointments will be done no less
  than 24 hours prior to the meeting, and when
  canceling is not at all possible, the adviser
  does not have the right to be absent.

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Writing guidance notes

• (1)Guidance notes will be written after every
  meeting, or every time the adviser enters an
  observation in the file.
• (2)Guidance notes remain in the ALAC archive on
  both paper and electronic formats, signed and
  dated by the adviser.
• (3)Guidance notes will not be put at the assisted
  person's disposal, and will not be forwarded to
  partners.
• (4)Guidlines for writing notes will be
  established during thematic meetings and will be
  applied uniformly.

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Writing guidance notes

• (5)Guidance notes will be comprised of
• the file numbers
• first and last names of the assisted
• the problem of the case (according to the index)
• date of their writing
• under the title of Guidance Note notes
  following a meeting, notes following analysis of
  a new documents, notes for issuing a letter to
  partners, etc.
• name of adviser and his area of expertise i.e.
  legal assistance or administrative jurisdictions
• signature.

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Closing and reopening of cases

• (1) Cases will be closed in these situations
• the problem brought to the attention of ALAC
  exceeds its mandate
• any measure is not submitted by the appropriate
  deadline, given time limitations on filing
  complaints with the authorities
• the assisted repeatedly misses scheduled
  appointments, or does the required documents when
  in a position to do so
• the assisted breaches his obligations towards
  ALAC, even though they were brought to his
  attention, in writing, at the first meeting.

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Closing and reopening of cases

• (2) Cases may be reopened in the following
  instances
• the assisted presents the required documents
• the assisted brings documents that modify the
  initial determination that the case exceeded
  ALAC's mandate.

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The confidentiality agreement

• (1)When registering the file for the assisted
  person, both parties will sign a confidentiality
  agreement
• (2)The confidentiality agreement will stipulate
  that data may be made public only with the
  written agreement of the assisted. Also, it will
  stipulate the obligations of the assisted, should
  the Center accept his case.

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Public stances of ALAC

• (1) The public stances of ALAC will be made only
  by the Project Coordinator
• (2) The public stances of ALAC will respect
  confidentiality agreements.
• (3) The public stances of ALAC will comply with
  its mandate.

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Limits on representation

• (1)ALAC advisers will not send out letters on
  behalf of the assisted when seeking documentation
  that only the assisted, personally, is entitled
  to request.
• (2)Legal advice will be provided only for the
  purpose of guiding the assisted in maintaining
  their legal rights, or for denouncing the acts of
  corruption they have been a victim of, or a
  witness to.
• (3)Advisers may not prepare procedural documents
  for the assisted to submit to the court, but will
  guide them on how to correctly word these
  documents and establish legal grounds.

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Limits on representation

• (4)ALAC will not offer assistance in cases
  currently undergoing a criminal trial.
• (5)ALAC may not represent the assisted in court.
• (6)ALAC has the right to refer cases to its
  institutional partners, and to monitor the
  proceedings.

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Flow of documents

• (1)Cases can be processed by ALAC once registered
  by the assistant over the telephone or during the
  assisted person's visit to the Center.
• (2)The registration is made by the assistant by
  filling out the assisted registration form and
  issuing a registration number that will be
  inscribed in the entries register.
• (3)Files will be provisionally classified and
  directed to the competent adviser, with mention
  being made in the entries register.
• (4)The adviser includes the date in his register
  of current cases.

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Flow of documents

• (5) After analysis of the case and discussions
  with the assisted person, the adviser may
• write an answer to the petitioner, which will be
  attached to the file and given the same
  identification number as in the ALAC entries
  register and the adviser's register of current
  cases
• write a letter to partner authorities, submitting
  the case for their attention. The letter will
  bear the same identification number, will be
  attached to the file, and will be registered as
  above
• redirect the case to a different adviser. The
  redirecting note will be mentioned in the same
  registers and attached to the file
• close the file. The closing note will similarly
  be mentioned in the registers and attached to the
  file.

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Flow of documents

• (6)If the adviser requires an additional meeting
  with the assisted person, he will notify the
  assistant to schedule it. A convocation note will
  mention the reasons for the new meeting as well
  as the list of documents needed. The note is also
  sent to the volunteer who will let the assistant
  know the objectives of the new meeting.
• (7)Closed files will be registered in a special
  archive.
• (8)Solved files will be archived in the general
  cases archive.

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Flow of documents

• (9)Files still in need of an answer from partners
  are kept in cases awaiting archive, and will be
  definitively archived upon receiving an answer,
  or in cases in which two of the Centers requests
  for information have gone unanswered.
• (10)Any archiving operations will be recorded in
  the above mentioned registers.
• (11)Files currently in use are not archived, but
  are recorded in the current cases register.

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Decision regarding priority problem

• (1)When the assisted presents the Center with
  more than one problem, they are successively
  analyzed. The determination of priority rests
  with the assisted person.
• (2)If the assisted asks for the monitoring of two
  problems he considers related, the adviser will
  consent only if the cases may be tried together
  if brought to court.