Wednesday, June 29, 2011

How to win a civil case without a lawyer?


The protection, promotion and insurance - and your case will go to the mountain" - said Rockefeller.  The idea of this list should also include a lawyer.  Also because in some way a guard and protector of your interests.  Yes, there's a catch: too expensive for a lawyer.
On average, in Moscow, management services of a civil case in court are about two thousand dollars.  If you add all sorts of contingencies and "extra effort" the lawyer , the winning of the case will cost a pretty penny.  However, if you have time, energy and desire, many procedures can learn to do yourself.  Then you go to a bookstore where they sell legal literature, and buy the most necessary.
In the trial judge can not do without.  (Incidentally, the judges are not so much: about 23 thousand federal and 7000 the world.) But without a lawyer involved in civil litigation is possible.  The law allows that you may have a representative who is not a lawyer and having no legal education.  The only condition - your representative must be able-bodied citizen, but you are not going to invite the court or child psycho.
According to Article 53 of the Civil Procedure Code (CPC RF), the representative must be a power of attorney certified by a notary public or issued to your work.  However, we can assure a power of attorney and in ZhEKe that caters to your home.  If you're attending in person in court, it is sufficient to state court of its representative in writing or orally, with oral declaration entered into the court record (Part 6 of Article 53 of Code of Civil Procedure Code).
Before the claim representative should be a sober assessment of his abilities.  Well, if your attorney agrees to be a servant of the people.  Deputy's badge on his lapel a beneficial effect on our specific judges.  Is worthy of your interests will be able to provide the court reporter, if you have such a friend.  At the worst, and will fit any retiree from the secret services, who lives with you in the neighborhood.
And best of all do not mess with, get court case yourself.  Who better than you know all the facts and nuances of your civil dispute?
So you've decided to act independently.  Then will need at least two books:
1) "Commentary to the Civil Code" (with itemized materials and practical explanations);
2) 'Commentary to the Civil Procedure Code "(itemized).
In the first book more than a thousand pages, the second - a little smaller, but not necessarily read everything.  Do you in fact one particular thing, then, study the relevant chapter of the Civil Code.  A bedtime read the comments to the Russian Code of Civil Procedure, to know what to say and how to behave in court hearings.
It is worth going to the local temple of justice (city or district) and sit in on hearings of anyone's business.  Of course, our original judges are wary of strangers in the hall.  May ask: Who are you?  Then proudly reply that you - the listener, and add: "There is in fact open court, your honor!"
Useful and will be surfing on the Internet legal resources.  At these sites there are forums where you can ask and discuss specific issues.  Sometimes there is free legal advice on line in real time, but here everything will be quite brief.
When you have a minimum experience of dealing with lawyers, may think that you have prepared for their own business.  The main thing to remember that the courts and judges are there for us, citizens of Russia, and not vice versa.  Court - this routine attribute of life as a shop, a polyclinic, a housing office.  You do not worry, when you go to the store to shop, here in court and feel free. The judge , as a doctor in the clinic, you can change, but refuse to service a bad doctor, of course, the usual.

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