Advocacy and notary office. Strategy and tactics of a lawyer’s work at the pre-trial stages of resolving civil disputes (the most important)

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Advocacy and notary office. Strategy and tactics of a lawyer’s work at the pre-trial stages of resolving civil disputes (the most important)

Lecture notes, cheat sheets

Directory / Lecture notes, cheat sheets

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14. Strategy and tactics of the work of a lawyer at the pre-trial stages of resolving civil disputes

One of the types of legal assistance provided by a lawyer is giving advice и references on legal issues in oral and written form (clause 2, article 2 of the Law on the Bar). The lawyer needs to establish psychological contact with the client within a short time, understand the essence of his claims and provide qualified legal assistance.

Preparation of a representative lawyer for participation in a case in the court of first instance, it takes place at the stage of preparing the case for trial and is subordinated to the general tasks of this stage of legal proceedings: the factual circumstances that are important for the correct resolution of the case are clarified; the law to be followed is determined and the legal relations of the parties are established; the issue of other participants in the process is resolved; the necessary evidence is presented by the persons participating in the case (Article 148 of the Code of Civil Procedure of the Russian Federation).

The activity of a lawyer depends on which side he represents in the process.

Plaintiff's attorney is obliged to transfer to the defendant copies of evidence substantiating the factual grounds for the claim; file petitions before the judge to demand evidence that he cannot obtain on his own without the help of the court.

Defendant's attorney clarifies the claims of the plaintiff and the actual grounds for these claims; presents to the plaintiff or his representative and the court objections in writing regarding the claims; transfers to the plaintiff or his representative and to the court evidence substantiating objections to the claim; submits petitions to the judge for the reclamation of evidence that he cannot obtain on his own without the help of the court (Article 149 of the Code of Civil Procedure of the Russian Federation)

At the heart of all this activity of a representative lawyer is Art. 56 Code of Civil Procedure of the Russian Federation, which determines that the party must prove the circumstances to which it refers.

When preparing the case for trial, the attorney-representative explains to the principal the procedure for considering the case in court, the procedural rights and obligations of the client. In addition, it is necessary to give certain recommendations regarding behavior in court, as well as what should be said in the course of giving explanations, when answering questions from the court and other persons involved in the case, studies the relevant judicial practice.

Preparation of a lawyer for the conduct of the case is completed preliminary court session (Art. 152 Code of Civil Procedure of the Russian Federation). The parties in the preliminary court session, therefore, and their representatives have the right to present evidence, argue, and file motions. In a preliminary court session, the objection of the defendant regarding the absence by the plaintiff of the limitation period for the protection of the right and the period established by federal law for applying to the court may be considered.

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

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