Advocacy and Legal Advice Centre - Internal procedures -

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.

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.

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..

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).

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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 Center’s 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.

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.