Representation of legal entity in court

Apr, 06 2021

According to Russian legislation, legal entity cannot represent itself in courts as an individual can. Participation in court procedures is allowed through competent bodies or through representative, based on power of attorney.

Judicial representation of legal entity

Court litigation is a last step in dispute resolution. There are lots of different sides, which imposes some costs and raised requirements for representation of legal entity in court.

Which courts handles cases involving legal entities 

It depends on subject of dispute involving legal entities. The proceedings may be conducted in the following:

  • arbitration court;
  • courts of general jurisdiction.

In the first case, questions concerning the business activities of the organization are accepted for consideration. As a rule, a dispute arises in the process of interaction with counterparties. Courts of general jurisdiction consider cases of civil, administrative and criminal law.

Why it is better to contact a professional lawyer for assistance

Almost every company has a lawyer among its staff, who conducts daily business and provides legal support. Not every inhouse specialist is competent enough to represent the interests of legal entity in court and give advice on such matter. A lost case can lead to negative consequences for the company: 

  • imposition of penalties;
  • invalidation of transactions;
  • loss of business reputation and trust on the part of counterparties;
  • compensation for damages;
  • reducing the customer base.

To avoid these unpleasant moments, you should contact the services of third-party lawyers in advance.

Factors influencing hiring decisions:

  • A clear understanding of the specific area of law. A specialist of a broad profile will not be able to solve more structural and deep problems that require a narrow specialization in a particular branch of substantive law. For example, an employee who is successfully engaged in tax consulting for a company will not be able to provide the same level of quality in resolving labor disputes. Companies that provide legal services recruit versatile employees who specialize in various branches of law to provide the widest possible range of services. 
  • Excellent knowledge of procedural law. A lawyer taking part in a court proceeding must be able to apply not only the norms of substantive law, but also procedural law.
  • Experience in representing the organization in court. The norms of law are applied not only in theory, but also in practice. The ability to correctly build a position, prepare arguments, and convey them to the audience are the main skills of a practicing lawyer.

These factors push many companies to turn to specialists with experience in judicial representation. An important factor is that, unlike criminal law, which does not apply to legal entities, a specialist can represent interests without the status of an attorney.

What does a company get by contacting a legal representative for help:

  • Save time – the manager does not need to be personally present in the courtroom, prepare and read documents, defend the company’s position, visit other institutions to collect documents.
  • A clear, consistently built position for participation in the process – a full-time lawyer already has a certain load of internal work.

The services of a practicing lawyer will not be unnecessary. He will clearly understand the purposes for which his services were requested, will focus all his attention on the formation of a common judicial position, the collection of evidence, the preparation of the necessary documentation (objections, claims, petitions).

How a legal representative works

Representation in court of a legal entity includes a whole range of services, which is not limited only to the judicial process.

The work of a legal representative includes the following processes:

  • familiarization with the case materials before the start of court proceedings;
  • assessment of the prospects of the case during the consultation process;
  • developing a position on the case;
  • legal support at all stages of judicial and pre-trial proceedings;
  • collecting evidence;
  • cooperation with government agencies;
  • preparation of all necessary documents;
  • appeal;
  • participation in the conclusion of a peace agreement;
  • tracking the execution of a court decision.

The lawyer leads the case from the beginning to the end, until he gets the desired result for the client.

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