Ieva Timermane

Defense lawyer and attorney in court. Freedom. Servitudes. Contracts. Compensations. Mediation.

Defense lawyer in criminal proceedings and attorney in administrative and civil cases, consultation regarding questions about rights, as well as the risks and opportunities throughout the process.
Experience:
At the Collegium of Sworn Advocates – more than 20 years
In Real Estate market – more than 27 years
In criminal proceedings since 1999
In civil proceedings since 1995
2010-2016, member of the Ethics Commission of the Collegium Council, later elected as a member of the commission for disciplinary responsibility.
Since 2002 - Mg.iur., additional education in psychology and pedagogy
Since 2015 - a member of the association "Integrated mediation in Latvia".
2022 - ECBA (European Criminal Bar Association) member

It is also a responsibility. Legal aid for Real Estate management.

There are things we care about, and there are things that require more attention from us than we have expected. In order to make a decision that suits your interests, it is important to be aware of the legal nature of your property. How we can get the intended benefit from our property, does the path of legal formalities allow the intended goals to be achieved, what is the optimal course of action to achieve the best result? - these matters fall within the competence of the lawyer.

The understanding established in Articles 927 and 928 of the Civil Law that "property is a right of complete power over the land" and ‘’restrictions are to be interpreted in their narrower sense, and in case of doubt it is still acceptable that the property is unlimited." It shall be formed on the basis of the principles established by law - to observe the proportionality between the needs of the society and the rights of the owners, not to harm, to ensure long-term efficient management of land property and to observe the priority of the best use. By changing the understanding of the content of land ownership in this way, we are faced with new choices: how to responsibly pursue our best interests and how do our intentions fit into the public interest?

Owners of built-on land must now assess their right to preserve the property in accordance with the requirements of the Law on the Compulsory Termination of Shared Property in Privatized Apartment (Flat) Buildings, which have entered into force on 1 January 2023.

As we hope for the protection of our rights, we imagine the court first, but it starts many steps earlier, with our choices and actions. Personal initiative is needed to exercise your rights and also to protect them. An explanation of the law will help you choose the most appropriate way to exercise your rights.

It is important to communicate the considerations regarding your rights to the authority in a timely manner, and to submit a clear request appropriate to your rights. Not only can this play a role in assessing the legality of an institution's actions in court, a lawful and explicit request is much less likely to be misunderstood by the institution.

In accordance with Section 55 of the Administrative Procedure Law, an institution may initiate an administrative case on the basis of an application, on the basis of an initiative of the institution and on the basis of an order of a higher institution or a report of another institution. According to legal writings, "administrative acts for the adoption of which an application is required are a formal condition for the legality of the act" [1].

[1] Comments on the Administrative Procedure Law. Parts A and B. Prepared by a team of authors. Dr.iur. In the scientific edition of J.Briede. - Riga: Courthouse Agency, 2013, p.

The fewer illusions, the deeper the understanding. Our dreams are the first step towards achievement, with common goals easier to achieve by agreement. Also in mediation.

Two people take care of the resonance of the family in goals, feelings and soul. It is recommended that the substantive aspect of this relationship be included in the marriage contract. A lawyer can help you choose the type of property relationship between the spouses that best suits your intentions and interests, draw up a marriage contract, and recommend additional transactions to protect your interests against unexpected solutions.

Divorce differs from cohabitation in that the decision to cohabitation is made by two people, but the decision to divorce will always be made by someone, if not one, then the first. The consequences of both decisions affect the lives of at least two people. The assignment of a lawyer is to protect your interests in the divorce process and to provide the most appropriate legal solution for their protection. It is ideal if the people involved in the process are still able to agree on the issues to be decided in the divorce process - the future life of the children, the spouse and the child's maintenance, common property, but there are also situations where a claim must be submitted in court.

What do you need to know about the non-legal nature of divorce when making a decision?

When people divorce, they are still close, but the perceptions of why either party’s expectations have not been met are different. People tend to forget that they are different, it’s determined by nature, they have different values ​​- it is determined by their upbringing, experience, religion and spiritual practices. People react differently in painful situations.

To feel betrayed in a relationship, one simply has to feel disappointed in their hopes for it. When the situation is viewed from the sideline, or looked back on from the future, the feeling has very little to do with the other person.

Those involved usually simply cannot understand this because the pain is bothersome. Accusations received from someone close to you are more painful than from a stranger.

In divorce, it is only the intensity of the process and the individual personalities that changes. The emotion algorithm is similar.

It is important for a person to understand that pain and frustration in the divorce process are a natural part of the process, and that life in a family and a separated family are radically different and have both benefits.

Personality, events (objective side), motivation (subjective side) and evidence - field of defense.

Significant amendments to the Criminal Law regarding penal policy - since July 2024, sanctions have been strengthened for offenses related to violence and other crimes, including those in the sphere of information circulation. From January 2025, the law will end suspended prison sentences and make probation supervision one of the main forms of punishment. The procedure for calculating the terms of punishment has also been modified.

Knowledge of the evidence, its acquisition and its permissible use is an essential component of a lawyer's professionalism. Prolonged practice in civil law makes it easier to see the limits of legality in criminal offenses in the economy and in the banking sector, and in all types of property offenses, distinguishing between misunderstandings and proving the legal origin of property in criminal proceedings.

Coined in 1939, the term white-collar crime is now synonymous with the full range of frauds committed by businessmen, clerks and functionaries. These crimes are characterized by deceit, concealment, or violation of trust and are not dependent on the application or threat of physical force or violence. The motivation behind these crimes is financial—to obtain or avoid losing money, property, or services or to secure a personal or business advantage in an illegal way.

In the legal literature, we can find indications that "a non-suspect person who is not inclined to commit criminal offenses is provoked by a trusted person appointed by the state authority to commit a criminal offense. As a result of this provocation, a criminal case is initiated. This failure to comply with fair trial conditions is recognized in accordance with Article 6, Part 1 of the ECHR Convention. This failure must be reflected in the judgment. However, the alignment must be made in the process of applying the penalty, reducing it. Alignment, or so-called amounts of compensation for illegal conduct, must be applied separately." (BGH 1st R 221/99, J.K. Pastille, E. Rusanovs, Use of evidence obtained in operational activities, application of ECHR in Germany, Latvijas Vēstnesis, Riga, 2003, p. 75)

Mediation is a professionally managed process in which the parties involved in a disagreement have an opportunity to discover their interests and create solutions that correspond to these newly discovered interests. This advantage applies to commercial disputes as well as to disagreements in family matters. Mediation helps the parties to reconsider their initial positions, which are often based not on rational considerations of the best possible outcome, but on resentment and pain, and gain a new point of view. In business disagreements, emotions can be even more destructive than in family matters because business relationships, typically born of passion and belief in big dreams, lack the substance of family love, which is the natural resource for any forgiveness or path to it.

Mediation is a way to achieve a reasonable solution, with possibilities much wider than the claims within the jurisdiction of the court. The purpose of mediation is to resolve the conflict between the parties, and in this process, the parties make their own decisions through cooperation. The mediator informs the parties about the mediation process and can provide advice on it; however, the mediator is not an advisor or consultant to the parties within the meaning of Article 65 of the Advocacy Law and does not give recommendations to any of the parties regarding the resolution of the conflict. The mediator is a neutral person who has no interest in the outcome of the mediation, and, as in the work of a lawyer, confidentiality is respected. It is a method of out-of-court dispute resolution, and the process is not recorded or disclosed in court, which makes it more likely to preserve privacy and business trade secrets.

It is necessary to clarify the violations. Cases of violence, especially in the family, must be distinguished from cases where the parties are emotional, approaching the point of loss of self-esteem, or initially displaying aggressive behavior. Where there is no respect, there cannot be trust, and there cannot be a positive outcome from mediation. In such cases, mediation should be stopped until the parties have restored emotional balance and self-respect. In turn, violence is not protected and must be stopped, and, as in any other case, the confidentiality provided by the Mediation Law is not upheld in cases of danger to other people (a crime or its preparation) or harm to children.

The Advocacy Law (AL) and the Mediation Law (ML) impose an obligation on the lawyer to protect the secrets of the client (Articles 6 and 67 of the AL) and on the mediator an obligation not to disclose the information received during the mediation (Article 4 of the ML). It is forbidden to interrogate representatives of both professions in the status of witnesses about the facts that became known to them during the practice of their professional duties, except in situations when the disclosure of the information is included in the professional task.

I ask my clients to imagine a situation where we leave our electronic communication tools on the coast and go into the sea on a fishing boat without any gadgets for electronic communication to discuss confidential issues important in their lives. Then, please answer the question: to which of the first three callers will the client tell that they have a meeting with a lawyer and to whom will they give information about the necessary reasonable action?

Also, in prison, when the lawyer asks to keep the content of the conversation secret, he is not protected from service reports about the information received during a confidential meeting, because ECHR judgments and international human rights acts protect the right to defense with the purpose of public security.

Confidentiality is a client's right protected by law. Non-interference in communication between the lawyer and the client and between lawyers is the lawyer's right to confidential practice opportunities protected by international law.