Happens, we have to defend their interests in court. It happens that we ourselves something prevents the court sessions. The reasons may be different: the disease, urgent mission, as well as lack of knowledge in the field of law. Fortunately, in the civil procedural legislation of the institution of representation, which has been known since Roman times.
Immediately say, that in this article will focus on representatives of the individuals.
Choosing a representative, you should know that to represent you in court may be any adult able-bodied citizen, that is, it can be like your neighbor, uncle Vasya and a qualified lawyer. However, it should stipulate that this rule does not apply to criminal proceedings, defense counsel here can only be a lawyer. In addition, the law makes a reservation that can not be representatives in the court of judges, investigators and prosecutors, except for their participation in the process as representatives of the authorities or the legal representatives, that is, the investigator, for example, can represent interests of the inquiry body, in where he works and which authorized it to do so, or, for example, act in court proceedings as a representative of her minor son (legal representation).
Authorize its representative to perform those or other proceedings in court, you can in the following ways:
1. Extradite its attorney notarized power of attorney;
2. Make an oral statement in court - this statement must necessarily be recorded in the protocol, which you will need to sign it.
3. Give the court a written statement that you trust such a man, a citizen to his business.
Right to counsel to represent the usually defined in the warrant, issued by the lawyer's education, often in addition to client issues a warrant as a lawyer attorney, for the reasons stated in the next paragraph.
Authorizing a representative to conduct your case in court, it must be remembered that the commission of certain procedural actions must be separately stated in the proxy, or representative shall be deemed not entitled to do. These actions include: the signing of the statement of claim and submission of it to the court, transfer the dispute to the arbitration court, filing a counterclaim, a full or partial waiver of claims, reducing their size, the recognition of the claim, the conclusion of the settlement agreement, the transfer of authority to another person, the appeal court order, filing a writ of execution to recover, getting awarded the property or money.
In conclusion I would like to give some practical recommendations. When choosing a representative should not become attracted to those who promise you a hundred percent, that will win your case. No self-respecting lawyer would not make such promises have not yet fully familiar with the case, including the views of other parties and third parties, and will take part in at least one court hearing, because very often the words of only one person concerned difficult to predict the outcome of the case as a whole.
In addition, appropriate to involve representatives from the first trial because he was so, firstly it will be easier to conduct this business, and secondly there is a chance to avoid a retrial in other instances.
Third, if the case you have a really complex and intricate, it is best to act in tandem with a representative, you will be thoroughly familiar with all the details of the dispute (sometimes they are not always able to fully describe the representative), as your representative - thoroughly known to all the legal side of the issue.
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