DR. LOJKÓ BENCE ZOLTÁN
INDIVIDUAL ATTORNEY
Act LXXVIII of 2017 on the Legal Profession defines those activities which may, on a regular basis and for remuneration, be carried out exclusively by persons authorised to practise as attorneys at law. The overview below explains these services, the situations in which they may be required, and what clients can expect when engaging them.
Legal advice is the starting point of every legal matter. Its purpose is to ensure that, before making any decision, the client has a clear understanding of their legal position, the options available to them and the risks associated with each of those options. During the consultation, the attorney examines and assesses the legal background of the matter, explains the possible courses of action together with their expected timeframe, costs and prospects of success, and assists the client in making the decision that best serves their particular circumstances.
Legal advice is valuable not only once a dispute has already arisen. Its greatest benefit lies in prevention. Seeking legal advice before entering into a contract, completing a real estate transaction or making an important business decision usually costs only a fraction of what a subsequent legal dispute may ultimately require.
As part of legal document drafting, I prepare contracts, unilateral legal declarations and other legal documents tailored to my clients’ individual requirements and the specific characteristics of the transaction. These include, in particular, sale and purchase agreements, deeds of gift, lease agreements, contracts for services, agency agreements, loan agreements, corporate documents, powers of attorney, as well as pleadings and other submissions in contentious and non-contentious proceedings.
The essence of professional legal drafting lies not in completing a template, but in preparing a document that accurately reflects the purpose of the transaction, comprehensively regulates the essential aspects of the legal relationship concerned, complies with all applicable substantive and formal legal requirements, and is capable of producing its intended legal effect. In the case of a contract, this includes defining the parties’ rights and obligations, the conditions of performance, the legal consequences of breach of contract, and the contractual safeguards. In the case of other legal documents—such as a power of attorney, a unilateral legal declaration or a procedural submission—it means ensuring that the document is capable of producing its intended legal effect in the relevant proceedings or legal relationship.
My services also include reviewing draft legal documents prepared by others. Having a draft prepared by the other party reviewed before signing is one of the most effective ways of preventing future legal disputes.
Attorney countersigning is one of the most important safeguards provided by the legal profession. By countersigning a document, the attorney certifies that it accurately reflects the parties’ declared intentions and complies with the applicable legal requirements, and further confirms that the document was either signed in the attorney’s presence or that the parties acknowledged their signatures before the attorney as their own. The countersigning process also includes verifying the identity of the parties and reviewing the contents of the document. As a result, a privately executed document countersigned by an attorney enjoys enhanced evidential value and a high degree of legal reliability.
In many legal transactions, legislation requires either a privately executed document countersigned by an attorney or a notarial deed for the transaction to be valid or capable of producing its intended legal effect. This requirement applies, in particular, to the transfer of title to real estate and registration in the Land Registry, the constitutional documents of companies and any amendments thereto, as well as matrimonial property agreements. Where the statutory requirements are met, attorney countersigning may also be carried out electronically, enabling the entire transaction to be completed remotely without the parties being physically present.
As part of legal representation, I act on behalf of my clients before courts, public authorities and other bodies, as well as in dealings with opposing parties. My services cover representation in civil litigation and non-contentious proceedings, including, in particular, payment order proceedings, company registration proceedings, Land Registry proceedings and judicial enforcement proceedings. I also provide representation in out-of-court dispute resolution, including the preparation of letters before action, conducting negotiations and drafting settlement agreements.
Legal representation begins with a thorough assessment of the matter and the client’s legal position. On this basis, I develop a legal strategy tailored to the client’s objectives and the specific circumstances of the case. One of the statutory purposes of the legal profession is to promote the amicable resolution of disputes wherever possible. Accordingly, where it best serves my client’s interests, I first examine the possibility of resolving the dispute out of court before commencing litigation.
A képviselet ellátása az ügy és a jogi helyzet felmérésével kezdődik, amelynek alapján az ügyvéd az ügyfél céljaihoz igazodó eljárási stratégiát alakít ki. Az ügyvédi hivatás törvényben rögzített rendeltetéséhez tartozik, hogy az ellenérdekű felek közötti jogvita lehetőség szerint megegyezéssel záruljon le – ezért ahol ez az ügyfél érdekét szolgálja, a peren kívüli rendezés lehetőségének vizsgálata megelőzi a peres út választását.
As part of my legal practice, I provide services for converting paper-based documents into electronic documents, as well as for producing paper copies of electronic documents. The practical importance of these services continues to grow with the increasing use of electronic administration. Company registration proceedings are conducted entirely electronically, while electronic documents are also becoming an increasingly common requirement in Land Registry and court proceedings. These services ensure that documents are available in the format required for the relevant proceedings and are capable of producing their intended legal effect.
As part of my legal practice, I also provide attorney escrow services. An attorney escrow serves to safeguard the performance of obligations between the parties. It is most commonly used in real estate transactions, where the purchaser deposits the purchase price, or part of it, into an attorney’s escrow account, and the funds are released only once the conditions specified in the agreement—such as ensuring that title can be registered in the purchaser’s name—have been satisfied.
Attorney escrow services are governed by strict statutory provisions and the professional regulations of the Hungarian Bar Association. The safekeeping of escrow assets in a segregated escrow account, together with the terms set out in the escrow agreement, ensures that the deposited funds or documents may be released or used solely in accordance with the parties’ agreement.
The rules governing the legal profession now make it possible, subject to the applicable statutory requirements, to carry out legal matters without the client’s personal attendance. This is made possible through three key legal mechanisms: remote identification, remote acknowledgement of signature and electronic attorney countersigning.
Remote Identification
An attorney may verify a client’s identity by means of an electronic communication tool (video conferencing, such as Microsoft Teams) audited and approved by the Hungarian Bar Association. During the remote identification process, the client presents their identification document to the camera, while the attorney verifies both the authenticity of the document and the client’s identity. An audio and video recording of the identification process is made and retained by the attorney for the period prescribed by law. As a result, establishing an attorney-client relationship is not prevented by the client being abroad or otherwise unable to attend in person.
Remote Acknowledgement of Signature
Once the client’s identity has been verified, whether in person or by means of remote identification, the document may also be signed, or an existing signature acknowledged as the client’s own, during a video conference. In such cases, the attorney countersigns the document even though the physical act of signing takes place during the video call rather than in the attorney’s physical presence. The entire process is recorded, and the recording is retained together with the document. The result of the procedure is a paper-based document, which must subsequently be delivered to the other parties and to the attorney.
Electronic Attorney Countersigning
The fully digital solution is electronic attorney countersigning. Under this procedure, the parties sign the document using either a qualified electronic signature or an advanced electronic signature based on a qualified certificate, while the attorney countersigns the document using their own qualified electronic signature together with a qualified electronic timestamp. For private individuals, such electronic signatures are now available free of charge through the eSignature function of the Digital Citizenship Programme (DÁP) mobile application. This solution may only be used for signing in one’s own name and for private purposes. Where a document is signed on behalf of a company or another person, a qualified electronic signature issued by a commercial trust service provider is required.
Electronic attorney countersigning enables transactions to be completed entirely electronically, without the use of paper and without any of the parties being physically present. This solution may be used, among other things, in real estate transactions and company registration proceedings, and provides an effective solution where one or more of the parties are located abroad.
The form of remote legal administration available in any particular matter depends on the nature of the transaction and on whether the applicable statutory requirements are satisfied. This can be assessed during the initial consultation.