
A representative can be both an individual and a legal entity. His powers are confirmed on the basis of a notarized power of attorney. Such a service in the trial is required in the following situations if the principal:
Not sure of his qualifications and sufficiency of knowledge in jurisprudence necessary for full protection; Cannot be in the trial due to a business trip, being in a medical institution full or limited incapacity; He has not reached the age of adulthood and cannot, by law, independently protect himself. In this case, the representative is one of the parents, the guardian, or the adoptive parent.
The judicial representation is available in all types of civil and administrative cases starting from the stage of filing a statement of claim to appeal. It is used in appeal, cassation, in the supervisory instance in the revision of court cases, during the enforcement proceedings. The authority of the representative includes familiarization with the case file, preparation of tactics and protecting the interests of the client, collecting the evidence base, introducing materials to the case, fixing information, direct participation at all stages of the process on behalf of the principal.
Pros and cons of professional representation
Professional legal representation has a number of certain advantages compared to independent protection in court. These are the following types of advantages:
Competent professional protection of interests in accordance with the latter applicable norms of the legislation of the Russian Federation. Not every person understands jurisprudence, but to understand laws and accept them in practice by the obligation of representatives; Time saving. Experts know how to reduce the process or resolve the dispute by concluding a peace agreement between the parties; Proper preparation and preparation of documents for judicial authorities such as a claim, petition, clarification of claims, a complaint about the court decision. The official representative draws up documents taking into account all procedural norms; A comprehensive approach to this situation, analysis of the prospect of the case, the application of special methods and tactics of protection.
The disadvantages of the official representative office are available. First of all, this is the cost of services if it is planned to appeal to lawyers. The more difficult the matter, the more expensive the services of a representative will cost. There is also a chance to stumble upon unscrupulous representatives. It is necessary to understand that no lawyer will never give a 100 % guarantee of a positive outcome of the case.
In what cases can you protect yourself in court yourself? Pros and cons of self -defense
The services of a good official representative are expensive and this is understandable to any person. Of course, you can use the help of an inexperienced lawyer, but the outcome of the case will be precisely unpredictable. The legislation does not prohibit self -defense in court proceedings, but with its organization the following must be done:
Carefully study all legislative norms, laws, legal acts confirming that the rights of the plaintiff were violated; Carefully prepare a statement of claim along with a package of documents in the case. Typical claims, as well as an approximate list of documents can be found on the Internet; Collect the maximum large number of written evidence; Attach to the case the testimony of witnesses and third parties; Take part in any court hearings from the conversation to the main court hearings without passes; Prepare the protection line during the process up to the judicial debate.
The first plus of independent protection can be called saving funds. There are no costs of preparing procedural documents, conducting the case in court, writing a claim of the same claim. Also, thanks to self -defense, one can personally be present in the trial and control its course.
There are still more minuses of independent representation. It is suitable for people who are guided in the norms of the law. However, there are so difficult things that it is simply impossible to do without a lawyer. Refusal of professional protection can lead to a series of errors. For example, if the lawsuit is incorrectly prepared, then the judge will not accept it in production. In case of insufficient protection, the court will make a decision not in favor of the plaintiff and the appeal will not bring proper results. You can face refusal to satisfy the requirements due to the incorrect interpretation of legal norms, the lack of knowledge of judicial practice, a weak evidence base.
You can solve these problems by contacting competent lawyers. Such experts will provide complex services of a professional representative office in court by having achieved an extremely positive outcome of the case.