Court proceedings remain one of the most effective ways to protect the violated rights and legal interests. However, to participate in the trial, you often have to resort to the services of a lawyer. Representation of a legal person in court is legal relations where one person (representative) undertakes or is entitled to carry out specific actions on behalf of another person whose interests he represents. The specified relations may arise on the grounds of an agreement, law, or other reasons, provided by the law.
The monopoly of the attorneys
Due to the recent changes in the legislation, attorneys and prosecutors acquired an exclusive right to representation in court. And while everything began with criminal cases, since 2020 the rule applies to civil, economic, and administrative proceedings.
The following categories constitute the exceptions:
- Labor disputes;
- Social rights protection;
- Issues concerning elections and referendums;
- Minor disputes;
- Representation of the interests of infants, minors, legally incapable persons, or persons with limited legal capability.
It is worth mentioning that the support of a competent lawyer is a guarantee of a successful resolution of your case. Our company will be glad to provide you such a representative.
The authority of an attorney as a representative is authenticated by the following documents:
- Legal assistance agreement;
- Power of attorney;
- Order.
Self-representation
Besides, the institute of self-representation that implies that the organization may participate in the proceedings through its chief officer, a member of an executive body, or other person authorized to act on their behalf, currently operates.
Regulations stipulate that personal participation of the person does not exclude the right to use the services of the representative.
The respective rule also applies to cases when a party or parties in the case is a public authority body. For instance, representation of the local government bodies in court can be exercised by a mayor or a member of the executive committee.
It is worth paying attention to the fact that there is a list of persons who cannot act in the capacity of a representative. Among them, the persons who act as a secretary of the court hearing, an expert, a specialist, an interpreter, or a witness, who is an assistant in court considering the case. Besides, a person cannot act as a representative if he represents in this case or represented in the past the interests of a different person that contradict the interests of the authorizing person.
Judges, investigators, prosecutor’s office, and its departments’ employees, involved in search and inquiry, cannot be representatives in court proceedings. The cases, when they act on behalf of the respective bodies that are a party or a third party in the proceedings, or as legal representatives of the third party, constitute exceptions.
Power of attorney for the representation of a legal person: drafting specifics
Power of attorney from an enterprise, an institution, or an organization gets issued by its body or a person authorized to do so by the statutory documents and is required to be sealed.
This kind of paperwork issued by the legal persons does not require notarization since it gets authenticated directly by the organization through being signed by the head of the organization and sealed.
But when it comes to a power of attorney from a private person, such document must be authenticated by a notary.
The abovementioned document must include the following data:
- place and date of the drafting,
- validity period,
- full names of the parties,
- places of residence (location) of the parties and if needed, the positions that the specified persons hold and the extent of their authority.
Power of attorney for the representation by an attorney in court also contains information on his status and membership in the bar association (if the attorney is a member of one).
Should the document lack the drafting date, it becomes invalid. Another imperative element is the signature of the authorizing person and, for the power of attorney issued by a legal person, the seal of the company.
Representation of the interests of a legal person ends under the following circumstances:
- expiration of power of attorney;
- quash of the document by the person it was issued by;
- refusal of the representative to perform the actions provided for by power of attorney;
- termination of the legal person that issued the document or that the document was issued to.
Advantages of working with us
Incompetent assistance often leads to significant financial losses and further – to a negative decision of the court. Stalling of the proceedings, unlawful restrictions, risks of disclosure of confidential information – these are all the things that our lawyers help avoid.
Issuing power of attorney to the lawyer of our legal firm, you can experience the entire range of the advantages of cooperating with us:
- large work experience and possession of effective litigation techniques;
- a strong line of defense with regard to the right strategy;
- individual approach to every client because every case is unique and requires special attention;
- clear and strict confidentiality policy.
We are result-oriented and therefore aren’t interested in stalling the case. With us, representation in economic, civil, or administrative proceedings will be effective and prompt, without the extra time and money costs or unjustified risks.