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It is now illegal in Belgium for lawyers to accept cash payments, according to a lawyer. Thus, no due process for unbanked people? Do other member states have this rule? (fedia.io)

submitted 3 weeks ago by ciferecaNinjo@fedia.io to c/Law

6 comments fedilink hide all child comments

(crossposted from !brussels)

How are unbanked people and those with cashless bank accounts expected to pay lawyers if the money they have for the lawyer is in cash?

Why are lawyers of all people not trusted with cash? Can’t lawyers be disbarred if they do something dodgy?

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[–] DerisionConsulting@lemmy.ca 5 points 3 weeks ago (1 children)

Speaking as someone from another country, lawyers have been used in the past as a way to move/launder money because of confidentially, and how much money can move through a law firm without suspicion.

In most places, lawyers have a certain amount of cash-money that they are allowed to take from a client.

This often isn't a law of the country, but a rule of the "law society" which controls who is allowed to practise law.

Also, does some form of "legal aid" not exist in Belgium?

[–] ciferecaNinjo@fedia.io 4 points 3 weeks ago (1 children)

Also, does some form of "legal aid" not exist in Belgium?

Some forms of gratis legal aid exist in Belgium. AFAIK:

Gratis legal advice to anyone, regardless of income
Pro-deo representation - only for people with very low income

Indeed lawyers are used as money mules for criminals. This is likely the excuse being used for the law. But of course an arbitrary hunt for criminals is not a good excuse to infringe on the fundamental rights of non-criminals particularly when there is no probable cause for a particular crime. If a specific lawyer is suspect of crime, then it would be sensible to deny cash payment to a specific lawyer. But an across the board ban is a gross injustice.

[–] DerisionConsulting@lemmy.ca 1 points 3 weeks ago (1 children)

I agree that an absolute ban on allowing cash payments of any amount would be a bad thing, but do you have another source for this than an unnamed lawyer?

Did they say that they can't accept any amount of cash, or that they couldn't take cash in a specific instance? I didn't see any mention of this online.

[–] ciferecaNinjo@fedia.io 1 points 3 weeks ago

I was told that by a lawyer who gives free advice. I do not know if it’s all circumstances or just some. This also came up in the parent thread. I would love to have a source to reference and to read myself.

Around 15 years ago I consulted a lawyer for some advice (before I knew about the gratis advice service), and was charged €50 if paying cash. Was told I could pay electronically but then it costs slightly more and gets messy with VAT or something.. I don’t recall the details. But I would be surprised if that law office still operates that way today.