Defend the client in court

Oct, 18 2021

Contents:

The law of civil procedure entitles every citizen to take part in court proceedings in person or to be represented by a representative. Any person with legal capacity is allowed to act as a representative in civil proceedings, provided that he or she has been duly authorised to do so. Similar provisions are laid down in the Arbitration procedural legislation.

Court representation means a possibility to act on behalf of and according to the needs of the represented person, implementing a certain group of actions concerning legal privileges and obligations. The representative is allowed to perform any procedural acts on behalf of the person in order to assert legal rights and needs. The exception is a number of certain actions that can only be performed if there is an explicit condition in the cooperation agreement between the representative and the client.

Defence in court involves a list of additional duties that are performed by a trustee if the following clauses are included in the agreement:

  • sign the statement of claim and statement of defence, statement of security for the claim;
  • reject in whole or in part a claim or admit a claim; – 
  • change the grounds or subject matter of a claim;
  • decide on an amicable settlement agreement.

When drawing up the agreement, it is important to draw up a clear list of the duties of the authorised person.

Obtaining the support of a representative

Most often, a power of attorney is drawn up for residents of Moscow or other cities to represent another natural person in court. As Article 11 of the Russian Civil Code states, a power of attorney is: 

a written authorisation from one person to another to represent interests during court cases. The date of the power of attorney is mandatory, otherwise the document will be invalid. If the validity period of the power of attorney is not specified in the document – legal protection in court will be possible for a period of one year from the date of its preparation.

Filling in documents to obtain representation in court cases

A notarised power of attorney is required to represent a person. A document bearing the seal and signature of the company’s management is suitable for a power of attorney to represent an organisation. All in all, citizens and legal entities are guaranteed the privilege of enjoying the rights, authorisations and liberties granted by the law. If a person wishes to obtain more effective and professional assistance, he may apply for services to specialists in the field of law. According to Article 11 of the Civil Code of the Russian Federation – the protection of infringed or disputed powers of a citizen is carried out by the court.

Ways of restoring justice

After a case has been heard, depending on the situation, the following solutions are taken to restore justice:

  • recognition of the freedom to act or own an object;
  • restoration of the situation that existed prior to the violation and cessation of the activity that violates or threatens to violate the rights;
  • declaring a dispute null and void, and applying the results of the nullity;
  • declaring invalid the acts of the State or local authorities;
  • admission to self-protection of civil rights;
  • enforcement of an obligation;
  • compensation for damages;
  • liquidated damages;
  • pecuniary compensation for moral damage;
  • termination or modification of a legal relationship.

Increasing the likelihood of success of the case

Remember, for civil litigation to be effective, it is essential that disputes are dealt with correctly and in a timely manner, using the relevant legal provisions to restore justice. Obtaining legal aid will increase the likelihood of a positive outcome of the case.

Civil proceedings seek to strengthen law and order, to prevent and stop wrongdoing, and to apply state coercive measures in the form of sanctions against the offender. The lawsuit is the most important type of civil proceeding, which aims to defend the client in court.

The role of legal support during the proceedings 

The main task of the lawyer is to prepare all necessary procedural documents, collect evidence, develop a legal position and represent the client directly during the proceedings. 

At the stage of preparation for legal defence, if necessary, the specialist provides services- pre-trial, claim settlement of various disputes;

  • calculation of limitation periods;
  • the calculation of the total cost of the claim, the state fees for consideration of the claim;
  • the collection and preparation of evidence;- drawing up a statement of claim in accordance with all the requirements, sent to the relevant authorities.

Preparing a lawsuit 

First of all, when preparing for proceedings, it is important to properly prepare the client’s lawsuit, which should be submitted in writing and should include:  the name of the authority to which the application will be made; 

  • the name and address of the complainant or representative
  • information on the defendant
  • the price of the claim;
  • information on the violation or threatened violation of the applicant’s legal powers, interests or freedoms; 
  • information on compliance with the pre-trial proceedings against the defendant, if required by federal law;
  • a list of the actions performed by the parties aimed at conciliation, if there are any; 
  • a full list of the documents attached to the application.

There are a number of rules and nuances that need to be taken into account when drafting an appeal. If you do not have enough information, it is better to seek help from an expert.

Advantages of seeking legal assistance

Only a lawyer thoroughly understands the current procedural and substantive legislation and is a professional of the current practice on specific types of disputes

Lawyer shall provide legal defence in court, i.e. provide professional defence of rights and legitimate interests of the plaintiff in case of arbitration, which shall be the main guarantee of successful resolution of the dispute. 

As a result, legal defence in court is competent support to the client and restoration of the infringed rights. The likelihood of successful proceedings is much higher if support is obtained from a professional lawyer.

Author of the article
Defend the client in court
Valentina Khlavich
Managing Partner
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