No. |
What does a consultant do when conducting your court case? |
Why it is important |
1 |
Looks into a possibility of amicable settlement |
A court must look into this possibility and is interested in amicable settlement (because it serves to avoid an appeal by the defeated party), in this case the parties lose legal costs and fees |
2 |
Agrees to conduct the case on condition that a client understands that he/she must work on the project together with the consultant and not less than the consultant. |
A builder will not build a house without building materials - documents, information, witnesses, other evidence - all these are building materials which can be received from the client only, the materials shall be given due consideration, processed and used in the right way so that the house is built strong and of high quality |
3 |
When conducting the case, explains every move and its motivation, coordinates with you, clarifies all possible consequences, discusses in detail every weak point, subtleties of legal stand, insists that you should understand them well before legal proceedings start |
Under no circumstances shall a cosultant take a decision instead of the client, and to make a decision one shall have exhaustive information. Besides, it is the client who has to speak and be questioned in court. Harmonious and well coordinated work of the consultant and the client in court produce as good an impression in court as carefully drawn up documents |
4 |
Does not restrict himself/herself to what he receives from you, but carries on his/her own investigation of the case, is active in searching for and preforming evidence. |
It is necessary to forecast the course and the outcome of legal proceedings, prevent unexpected situations - furnishing by the other party of unforeseen proofs, arguments, perjury and the like. The accuracy of the forecast, and consequently its result depends on whether full information is available. |
5 |
Prepares you and the witnesses for the proceedings - questions closely, draws attention to the evidence to your advantage and to your disadvantage or rejects a witness, does not bear false witness |
It is necessary to reject your witness, if you are not sure that he/she will be able to stand up to questioning by an experienced consultant of the other party, judges, a prosecutor, maintaining the required position. It is necessary to reject your consultant, suggesting that you should give false evidence, because it will be disclosed by experienced participants in the proceedings (this technique dates back to ancient history) and will throw discredit upon other proofs |
6 |
Explains what you should expect during the proceedings, discusses his/her actions, clarifies what rights you have and in what way you shall exercise them, how the consultant will exercise his/her rights, instructs on what you shall do in unforeseen situations (furnishing by the other party of unexpected proofs, perjury, certain actions of a judge) |
Relieves the natural stress of the client in court, and consequently facilitates his/her work: you become a partner in legal proceedings |
7 |
Executes with utmost care every document |
The case shall be 'furnished' fully with proofs, irregardless of the outcome, for the case not to 'succumb' in further instances or for you to have a chance to seek the reversal of the judgement. Remember that the parties have the right to furnish proofs only in the first instance! |
8 |
Let the person, who is not a lawyer and not 'in the swim' on your case, read the documents, drawn up by the consultant. If everything is clear to him/her in a document, this is a good job. |
The judge is also not in the know on your case, he/she has 10 to 20 more cases to try, and it will be much easier for him/her to analyse the circumstances of your case and applicable substantive law if the above has been analysed by your consultant. |
9 |
The size of the dossier, brought to court by the other party, is several times smaller than the dossier of your consultant. |
It happens that after seeing the size of the dossier and evaluating the quality of the materials, prepared by you, the lawyers of the other party may persuade their client into meeting your demands. |
10 |
If it is clear that the proceedings do not develop in your favour, the consultant does not point out the judge's errors to the judge, but is doing this by all means when the case is the reverse |
Judicial errors give grounds to reverse the judgement, consultants are able to make use of these procedural errors to 'explode' the judgement if they consider that the judgement may not be in their favour |
11 |
Does not make promises to have the judgement within 1 to 2 months, spells out that the proceedings may be temporised, warns about the techniques of temporisation which may be used by the other party, explains the order of appeal and of entry into force of the judgement, discusses diificulties in enforcing the judgement. |
In addition to the client being able to figure out the required time, you will discuss the techniques to resist the temporisation of the proceedings and, possibly, will revert even to an amicable settlement or pre-trial settlement of the dispute |
12 |
After the proceedings, irregardless of the outcome, studies the court records and, if necessary, submits his remarks on the records. |
Many consultants ignore this "trifle" and are indigannt with "absurdities and lies" in the records, discovered already in a court of appeal. The judges in this court reply in a classical way:"There are no remarks of yours in the court records" |
No. |
Question |
Right answer |
Reply of your consultant |
Reference to the Code of Legislation Procedure |
1 |
If a party claims verbally in court that the proofs have been fabricated, must the court verify the claim? |
No, a party shall put in a plea in writing |
Part1 Art.161 |
|
2 |
Maximum recess in legal proceedings (do not confuse with adjournment) |
5 days |
Part 2 Art. 163 |
|
3 |
What action must a court take after a party puts a motion in the case? (A typical wrong answer: "pronounce a decree") |
Find out the opinions of the parties |
Part 1 Art. 159 |
|
4 |
What is the period of time when the judgement of the court must be sent to the parties? |
5 days from the date of passing |
Part 1 Art. 177 |
|
5 |
Example: A director of a sued enteprise appeared in court without the documents, which prove his authority. The judge demanded that he left the courtroom; the judge refused to adjourn the matter, because a consultant of the defendant was present in court, and he could represent the interests of the defendant. The proceedings started in the absence of the director. Was the judge's demand lawful? |
No, the action was entertained in open court, thus the director had the right to be present in the audience. It was the consultant's duty to point this out to the judge. |
Part 1 Art. 11 |
|
6 |
What is the deadline for submitting remarks on the court records? |
3 days from the date of signing |
Part 6 Art. 155 |
|
7 |
Can a court of appeal (the second instance) reverse a judgement of the court of first instance and refer the case to a new trial in the court of first instance? |
No, in case of reversal a court of appeal can only pronounce a new judgement. |
Art. 269 |
|
8 |
Within what period shall a court consider an application for security for a claim (arrestment of the property of a defendant)? |
Not later than next day after receipt of the application |
Part 1 Art. 93 |
|
The mark of a consultant |
||||
123610 Moscow,
12, M-2, Krasnopresnenskaya nab., Russia
Phone: (495) 411-94-76
e-mail
Site map
© 2012 Whales Group
