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,,Ar teismas priims mums palankų sprendimą?“ – klausimas, kurį beveik kasdien išgirsta teisininkai. Kiekvienas iš mūsų norime gauti kokybiškas paslaugas, patenkinti savo poreikius ir lūkesčius, todėl natūralu, jog reikalaujame tam tikrų garantijų. Tačiau ar iš tiesų teisės specialistas gali Jums jas suteikti? 
Siekiant atsakyti į šį klausimą, pirmiausia reikia nurodyti LR įstatymuose įtvirtintas garantijų rūšis:
Banko garantija – vienašalis raštiškas banko įsipareigojimas visiškai arba iš dalies sumokėti garantijos gavėjui nustatytą pinigų sumą jam pateikus mokėjimo reikalavimą ir kitus garantijoje nurodytus dokumentus, jeigu įmonė, už kurią garantavo bankas, prievolės neįvykdys arba įvykdys ją netinkamai;
Dviejų rūšių kokybės garantija:
1. Įstatyminė – ši garantija kyla nepriklausomai nuo pardavėjo valios ir galioja dvejus metus. Ji taikoma tiek pagrindiniam daiktui, tiek sudedamosioms jo dalims. Įstatyminė garantija laikoma pagrindine bei galioja nepriklausomai nuo kitų garantijų ir nuo to, ar numatyta sutartyje (CK 6.317 str. 2 d.).
2. Sutartinė (komercinė) garantiją – šią garantiją pardavėjas suteikia laisva valia. Pagrindinis skirtumas nuo įstatyminės – šalis pačios susitaria dėl galiojimo termino,  ji gali apimti ir bet kokius sugedimus, net ir atsitikusius dėl pirkėjo kaltės. 
Pasiūlymo garantija – kompensacija garantijos gavėjui, jei konkurso dalyvis (klientas) atsiima savo pasiūlymą prieš nustatytą terminą ar, laimėjęs konkursą, atsisako pasirašyti sutartį arba nepateikia sutarties vykdymo garantijos, jei tai paminėta pasiūlymo garantijoje. 
Sutarties vykdymo garantija – kompensacija suteikiama pirkėjui/užsakovui (garantijos gavėjui), jeigu  jeigu pardavėjas/rangovas (klientas) neįvykdo savo įsipareigojimų pagal sutartį. 
Avanso grąžinimo garantija – užtikrina, kad garantijos gavėjui bus grąžinti avansu sumokėti pinigai, jeigu klientas nepatieks prekių ar neįvykdys kitų sutartinių įsipareigojimų. 
Matome, jog teisinių paslaugų garantija nenurodyta. Tačiau ar toks reguliavimas nepažeidžia kliento  teisėtų lūkesčių?

Teisinių paslaugų kreipkitės tik į savo srities ekspertą

Atsakymas neigiamas, kadangi CK įtvirtina galimybę reikalauti žalos atlyginimo, jei nustatomos šios sąlygos:
1. Teisininkas turėjo pareigą;
2. Pareiga nebuvo įvykdyta:
• visiškai – nesuteikė konsultacijos, reikalingos informacijos ir panašiai;
• iš dalies – pareiga vykdoma, bet pažeidžiant teisės aktų reikalavimus;
1. Klientas patyrė žalą;
2. Pareigos nevykdymas buvo betarpiška žalos atsiradimo priežastis.
 
Vis dėl to norėdami jaustis užtikrintai, išvengti laiko ir pinigų sąnaudų, teisininką turite rinktis atsižvelgdami į  jo kvalifikaciją, patirtį, specializaciją. UAB ,,Juristai.PRO“ turi daugiametę patirtį migracijos ir verslo teisės srityje, todėl aukščiausios kvalifikacijos teisininkai, vadovaudamiesi lojalumo ir kliento lūkesčių prioriteto principais, padės Jums rasti optimaliausią iškilusios problemos sprendimo būdą!

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