A lawyer in a civil proceeding


Advocacy - a qualified legal assistance to be provided on a professional basis by persons who obtained the status of a lawyer, legal entities and individuals to protect their rights, freedoms and interests, as well as access to justice.

Advocate - a person who has received in the manner prescribed by law the status of the lawyer and the right to practice law. Counsel - an independent legal adviser. The rights, duties and powers of attorney are defined by the Federal Law "On Advocacy and the Bar in the Russian Federation." Providing legal assistance, lawyer:
Provide advice and information on legal issues, both orally and in writing.
Prepares statements, complaints, motions and other documents of legal nature.
Participates as a representative of the principal in civil proceedings in the trial of cases in the Court of Arbitration, International Commercial Arbitration (the court) and other bodies to resolve conflicts in enforcement proceedings.
Represents the interests of the principal public authorities, local government, public associations and other organizations, government agencies, courts and law enforcement bodies of foreign states.
Provides other legal assistance not prohibited by federal law.

Powers of attorney engaged to represent the principal in the civil proceedings are governed by the Civil Procedure Code. The right to counsel at oral argument shall be certified as the representative of a warrant issued by an appropriate lawyer's education (part 5 of Article 53 of the Code of Civil Procedure Code). The representative shall have the right to perform on behalf of the sending all proceedings. However, the right representative to sign the statement of claim, filing it in court, transfer the dispute to the arbitration court, filing a counterclaim, a full or partial waiver of claims, reducing their size, the recognition of a claim, change the subject or cause of action, the conclusion of the settlement agreement, the transfer authority to another person (the transference), appeal the judgment, the submission of the executive document to the collection, receipt of property or money awarded must be specifically authorized by power of attorney issued by the represented person (Article 54 Code of Civil Procedure Code), courts generally require that the lawyer power of attorney to conduct the case in those cases when the lawyer appears before a court without a principal, with the words of a prominent lawyer, Vsevolod of Liberty, in cases where the principal is personally present in the power of attorney from the lawyer is not required, although the legal requirement of a warrant is preserved.

The lawyer is entitled to:
collect information necessary for the provision of legal aid, including to request references and other documents from government bodies, local authorities, public associations and other organizations. These agencies and organizations are required in accordance with the law - by means of a lawyers' request to extradite them to the lawyer requested the documents or certified copies thereof;
interrogate persons (with their consent), presumably holding the information pertaining to the case in which the lawyer provides legal assistance;
collect and report objects and documents that may be deemed to be real and other evidence, in accordance with the legislation of the Russian Federation, including by way of attorney request;
involve specialists on a contractual basis in order to clarify issues related to the provision of legal aid;
to meet freely with his principal alone, in conditions that ensure privacy (including the period of detention in custody of the principal), without limiting the number of visits and their duration;
record (including through technical means) of the information contained in the record on which the lawyer provides legal aid, while respecting the state and other secrets protected by law;
take other actions not inconsistent with law

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