Advocacy and notary office. Lawyer in civil proceedings (most important)

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Advocacy and notary office. Lawyer in civil proceedings (most important)

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13. Lawyer in civil proceedings

The powers of a lawyer participating as a representative of the principal in civil proceedings are regulated by procedural legislation. At the same time, the law also paid attention to the regulation of the rights and obligations of a lawyer, that is, the most important components of his legal status.

Features of the participation of a representative lawyer in civil proceedings are:

1) carries out civil procedure activities as a professional lawyer with sufficient knowledge and experience;

2) clearly knows his role as a representative in civil proceedings in general and in a specific civil case in particular;

3) has a wide arsenal of measures, means and methods provided by law for the performance of their professional tasks and professional duties;

4) is well informed about the types and extent of his responsibility for the quality, timeliness and efficiency of procedural activities on behalf of a party, third parties in civil proceedings.

In accordance with the new provisions of procedural legislation, the rights and obligations of a representative have been expanded in accordance with the public law roles performed. This trend can be traced both in the Law on the Bar and in the new Code of Civil Procedure of the Russian Federation.

The attorney-representative has the right to perform on behalf of the represented all the procedural actions provided for in paragraph 1 of Art. 35 Code of Civil Procedure of the Russian Federation. However, the power of attorney should specifically stipulate such powers of the representative as the right of the representative to sign the statement of claim, present it to the court, refer the dispute to arbitration, file a counterclaim, complete or partial waiver of claims, reduce their size, recognize the claim, changing the subject matter or grounds for a claim, concluding a settlement agreement, transferring powers to another person (transfer), appealing a court decision, presenting a writ of execution for collection, receiving property or money awarded (Article 54 of the Code of Civil Procedure of the Russian Federation). The representative, as well as the persons participating in the case, must use all the procedural rights belonging to him in good faith (clause 1, article 35 of the Code of Civil Procedure of the Russian Federation).

The role and place of the attorney-representative in civil proceedings outlined by the Code of Civil Procedure of the Russian Federation, as well as his ability to influence the resolution of the dispute, allow us to see a new trend: the consistent implementation of the idea of professionalism in the consideration and resolution of civil cases. Normatively, this idea is expressed in strengthening the role of the courts, the lawyer and the prosecutor (Articles 1-4, 11, 12, 22-25, 45, 50 of the Code of Civil Procedure of the Russian Federation). This trend is fully consistent with the constitutional principle of the right to qualified legal assistance throughout the civil proceedings.

Authors: Nevskaya M.A., Shalagina M.A.

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