Qualified legal support will be required by the company when conflicts arise with the litigation. Even if the company has a lawyer on staff, it is involved in the execution of contracts, legal analysis of the organization, and advises management in various production situations. To represent interests in an arbitration court, you need a specialist with experience in doing business in this area. Even if full-time lawyers have such skills, managers often prefer to appeal to professionals with arbitration specifics.
What is a qualified specialist for?
The law does not prohibit every citizen from seeking help in court to protect their interests. There are no requirements for applicants regarding their education or competency. Therefore, anyone with violated rights has the right to seek justice. The paradox is that everyone strives for a positive result, and it is possible if citizens are well versed in the legal ups and downs. You can attract a qualified lawyer to represent the interests of the arbitration court. He will have the authority to accompany his client or to attend court hearings without him.
Representative Features
Many people envy successful people in business. But not everyone is interested in what they had to go through, what problems to avoid. Often difficulties are created by counterparties through their cooperation and partnership. The main threat to the business is provided by incorrectly drafted legal documentation. In this matter, the savings will result in much more expensive without representing interests in the arbitration court by a competent employee from a law firm specializing in this field.
An entrepreneur who is ignorant of the intricacies of doing business may find his question simple if he trusted the secretary or chief accountant to draw up a contract. Their actions often hide the main mistakes, and the problem remains to be decided by the arbitration.
Pitfalls of legal activity
The services of a lawyer can change the situation during the course of a case. Suppose the court refused to satisfy the claims because of the counterclaim of the defendant for missing the deadlines, but they can be restored - does the plaintiff know about this?
To secure a lawsuit, to reduce the forfeit - how many production situations will arise that will require special education and skills to represent interests in the arbitration court.
Conflict cannot form without a reason. Incorrectly drawn up contracts destroy the transaction in penalties and fines imposed due to the failure to set the deadlines for the delivery of goods or services.
When a professional conducts legal affairs, he will not allow legal proceedings. If it is still possible, it will resolve the dispute in a peaceful manner. It must be taken into account that the partner with whom the disagreements occurred believes that he is right. Therefore, the approach to each client by law firms is individual.
Who are the representatives of the arbitration?
Often there is an erroneous opinion among citizens that the representation of the interests of an organization in an arbitration court can only be entrusted to a lawyer. Provide services can persons who are able to provide legal support, of course, at the age of majority and capable. There are no restrictions on the number of representatives involved.
As for individuals, for them the best option would be to trust a qualified professional. The agreement must indicate the extent to which it will work. It is forbidden for a representative to go beyond his authority, his actions are always limited by the interests of the client. In addition to a written agreement, a power of attorney issued by a notary to represent interests in an arbitration court will be required.
The document indicates:
- scope of work with a description of obligations;
- what period the attorney will work;
- whether a lawyer can delegate his authority.
If the power of attorney does not have a validity period, it will last up to 12 months. There is one caveat: a representative can carry out its activities simply by verbally agreeing with a client. The latter will need to declare this and be sure to be present together with the attorney at the hearing.
What you need to know about legal representation?
Heads of enterprises can defend their position in the courts. Confirmation of authority to represent the interests of legal entities in the arbitration court, if such is the head of the company, is significantly reduced.
The official shall be required to present:
- passport to prove your identity;
- extract from the register;
- documentary evidence of the management of the company, this may be a local order for approval in the post.
None of the legislative standards contains conditions for citizens representing the interests of one of the parties, the requirements to have a special legal education.
The applicant himself must understand that only knowledge can lead to a satisfactory result. In any case, no matter who is engaged in the conduct of business - a full-time attorney or external ones, they issue a power of attorney.
During the proceedings and at the hearing, no one will be interested in who performs the services of representing interests in the arbitration court and what kind of relationship they have.
They can protect the company:
- attracted lawyers;
- private practices;
- ordinary citizens;
- employees.
But a representative must appear at a meeting of the legal department with documents confirming his authority.
How much work can a client expect?
You can use the services of a representative to the extent that the law firm will offer. If the work will be carried out by a full-time lawyer, it is possible to stipulate with him in advance every step to be taken in arbitration.
Standard activity scheme:
- the specialist analyzes the situation, develops an individual protection plan;
- creates conditions for negotiations in order to resolve contentious issues;
- conducts pre-trial claims work;
- prepares and files a lawsuit;
- attends all court hearings to represent the interests of his client;
- receives a court decision, if necessary - a writ of execution, then you need to transfer it to the bailiffs;
- controls enforcement proceedings.
Solving his problem, the applicant should know that the court does not accept certain claims without trying to bring about a peaceful settlement.
Pre-trial representation
Even having concluded an agreement on representing interests in the arbitration court, the lawyer will do everything possible to reconcile the parties to the conflict without trial.
To do this, there are specialists who can give arguments to the opposing side. The representative’s work should be built only in the interests of his client, which means that he must not only save his time, but also his expenses.
Reconciliation will lead to a compromise between the persons involved in the process, and appeal to the judicial authority is possible at any time, if this is not impeded by the statute of limitations.
The court requires compliance with the pre-trial order to resolve issues:
- associated with various transportations;
- regarding postal items;
- approved by article No. 452 in the Civil Code of the Russian Federation, they relate to changes and terminations in contracts.
Sometimes, without the intervention of a third party, partners cannot agree on their own, they are hindered by personal ambitions, then a third party, having the authority to independently assess the situation, will lead the conflict to a peaceful settlement and further successful cooperation.
How do legal centers characterize their employees?
Arbitration disputes depend on the level of qualification of the advocate of interests, regardless of the status of the client - legal or natural person. Everyone wants their lawsuit to be satisfied, and the money was not wasted.
The advantages of any company are:
- seriously trained staff;
- the ability of lawyers to practically apply knowledge;
- willingness to use economic, psychological, legal legislative aspects and oratory.
The administration of each company, the staff of which includes such a level of staff, assures that the citizens who apply to it will receive not only guaranteed legal support, but their cases in arbitration courts will be decided with the highest probability.
On faith, such statements should not be accepted; you need to thoroughly check the real performance of such firms.
Cost of representation in arbitration
To quote prices for various services is incorrect, as they depend on many factors.
First of all, the money size is affected by:
- region in which services are provided;
- legal organization status;
- scope of services;
- claim value;
- form - a fixed transaction or the final result is included in the price.
Competent lawyers who work in the arbitration direction, quite naturally require a decent salary. You should take into account the nuance that the services of a lawyer can be included in the price of the claim and they will be paid by the losing party. Thrifty companies have a great chance to pay off not only the costs of their adversary on the exposed claim, but also legal expenses, as well as reimburse the cost of services of a hired lawyer.
Estimated Rates
The list contains prices for the services of specialists in Moscow and the region. In the regions they are not much different. Hiring an arbitration representative is expensive. His duty will include a whole range of work, and each has to be paid.
In general, prices reflect the following procedure:
- 10,000 rub. - it is necessary to spend for preparing a claim in arbitration.
- 7600 rub. - costs the support of a representative at one meeting.
- 45,000 rub. - the client will pay for representing his interests in the Arbitration Court of Moscow and the region, the same amount will be spent on appeals in 9, 10 judicial branches.
- 60,000 rub. - required to go through all instances.
The administration of the Moscow Legal Center assures that it will recover the costs from the losing side, reimburse the costs to the client, if he reaches a positive decision.