Legal representation in civil proceedings. Concept and types of legal representation

At trial can present not only the participants themselves but also their agents. This work should involve experts who thanks to the professional skills perform even complex tasks. The concept of legal representation for those cases when the participants are unable to attend the meeting. You must know how to properly formalized authority.

Definition

The Concept of legal representation means the appointment of a professional to conduct the case of his client. He represents their interests and protects them. To win the case, you need to find a competent professional.

Representative interested in a positive result in favor of his client. He concludes a contract with him, therefore, responsible for their work. This area is regulated on the basis of article 48 of the code of civil procedure of the Russian Federation.

Characteristics

The Representative acts on behalf of another person, so he has the right to perform procedural actions. His powers derived from the rights and obligations of the present. If the latter is capable, then he also has the right to perform procedural actions. Sometimes require concurrent participation of a representative, for example in the case of adoption.

There are other signs of legal representation. Specialist works within the limits of their powers. At the hearing, must be performed only those actions which are prescribed in the contract. The Trustee has legal interest, and the substantive effects are important to represent.

Representation Options

Legal representation in civil process provides legal documentation, which relates to procedural matters. This rule provided in the Civil code, Arbitration procedure, Criminal.

In Addition to the procedural facilities, legal representation in civil proceedings is divided into several types:

• Voluntary and mandatory: the second is provided for minors;
• Contract, public official.

Each type of proxy has its own characteristics that affects the procedure of their registration. To understand the principles of each, you need to learn more about each.

Voluntary

The following services are optional. They can be paid and free. The second option is relevant when the work is done by acquaintances, friends, relatives, having the right skills for work. Properly execute a power of attorney.

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Now there are many organizations that offer paid services of lawyers. Specialists have the necessary experience that allows you to perform activities at the highest level.

Legal

In this case, the interests in court defending foster, adoptive, parents. If the company is terminated, the representative is a member of the liquidation Committee. With the bankruptcy of the company this job performs the arbitration managing Director.

Legal representatives have the right to perform different actions. They delegate authority to another person, for example a lawyer. Only required documentary evidence.

Other types

Public representation is used by organizations to protect the rights of participants. These include trade unions, institutions of human rights protection, HOA.

The Trustee's appointment is required in those cases when it is impossible to learn about the place of residence of the defendant. Because of this, fails to notify of the meeting. But if the notice he received, the representative is not required.

Features of the representation

The Trustees have not only the procedural steps. They operate on the basis of the Civil code of the Russian Federation. The document has a head 10, which spelled out the powers of the representative, as well as the principles of substitution. The document stated the rules of registration of powers of attorney confirming the authority of the Trustee.

According to article 48 of the code of civil procedure of the Russian Federation, citizens can participate in the meeting, either personally or with a representative. Protection companies official or third-party representatives. To do this, are the proxy.

Requirements to a representative

Legal representation in civil proceedings is performed only in the case if the Trustee is capable. He should have documentary proof for the right to perform their work. By law, such duties may have:

• Parents, adoptive parents, guardians;
• The person who is responsible for the property of a missing person.

The representatives have the right of trust Affairs to another person. This I cannot do judges, prosecutors, investigators, since they have other responsibilities.

Design Rules

Legal representation in civil proceedings is performed on the basis of documents:

• If this job executes a lawyer, then it is confirmed by an order granted by the legal community and the requirements of the Ministry of justice;
• Legal representatives should have regulardocuments: birth certificate, custody;
• If a representative is appointed from the organization, the document subscribes the head;
• Power of attorney from a citizen certified by a notary where studies or works by the principal.

A Document from an individual shall be certified by the HOA, in the consumer cooperative management firm. The power of attorney is valid for 1 year from the date of its execution, if it is not designated a different time period. The agreement shall specify the date of registration, because without it, the document has no legal force. The exception will include a notarized power of attorney, on which you can work abroad. If the date is not indicated, it will be valid until revoked.

Work of the Trustee

The power of Attorney gives the right to perform procedural actions. But there are a few responsibilities that need to be spelled out in the document. The powers of the representative of the following:

• The signing of the claim;
• Submission of an application to the court;
• Submission of the dispute to arbitration;
• File a counter-claim;
• Waiver.

Create a power of attorney is crucial, therefore, to execute it it is necessary carefully. The authority of the principal can be different. It is important to plan ahead for a representative, since it must protect the interests of the principal.

Changes

In 2015, there are new principles regarding the representation. The changes relate to the following issues:

• Established institutions of social service, of which there are more organizations for registration of powers of attorney without a notary;
• Now the signature on a power of attorney is required and printing is optional.

Selecting a representative

Protection of rights in court is a challenging job that requires skills and experience. The law in these activities can participate every sane person. But keep in mind that there may appear difficulties in the execution of documents.

You don't have to settle for cheap services because a professional job will have understated the cost. Depending on the specialization of the prices may be different.

Before meeting with a lawyer is necessary to meet to discuss the details. Joint cooperation will help win the case. Present representative can be found through the law firm. It is advisable to see the work of several organizations, find reviews by real customers, check out the documentation for permission to conduct such activities.

Strategy

Success in court depends on the strategy, therefore, it is important to pay attention to its development. The representative must consider all the facts, to control the whole thing.

Hired a lawyer studying the documentation, and then selects the effective protection of rights. During the development of the strategy to establish contact with the other party to have the possibility of solving the issue to court.

Participation in meetings

Any kind of representation implies participation in the trial. Specialist confirms the authority protects the rights, put forward evidence, motions. Its activities are spelled out in the contract. The representative is interested in the result, which must satisfy his client.

If you are not satisfied with the decision, you must appeal to a higher authority. In this work the actions of the representative are the same. In any case it is necessary to choose a competent specialist that will yield the desired result.