Lawyer in the arbitration process. Pay attention to the little things

Every citizen of the Russian Federation has the right to defend his interests in court, as well as receive appropriate protection from the process. This possibility is stipulated in the Constitution of the Russian Federation, namely, in article 46. This also applies to the arbitration litigation, in which a citizen can defend his own interests infringed upon by anyone. In this case, the legal relations that arise between the two parties participating in the debate have their own special character.

The lawyer in the arbitration process is one of the most important figures. Indeed, the outcome of the case under consideration sometimes depends on his work. As a rule, in an arbitration court, legal entities as well as citizens who have received the status of an individual entrepreneur in an official state procedure act as parties. Of course, sometimes exceptions are made from the rules, but in this case, an appropriate decision of the authorities must be taken. The participation of a lawyer in the arbitration process obviously increases the chances of each of the parties for an outcome that is beneficial to her. Everything will ultimately depend on how complex and multifaceted the case will be. Also, the experience of a lawyer and his participation in processes similar to the current one play a huge role. Therefore, each company (or a person who is an individual entrepreneur without a legal entity) is interested in having a highly qualified specialist represent her interests. Of course, the services of such professionals will cost a lot of money with many zeros. However, sometimes the benefit of a victory in court exceeds all costs by several times.

First of all, the arbitration lawyer must determine the real fact of the jurisdiction of the case itself. Indeed, sometimes well-formed arguments based on undeniable evidence can prove that the lawsuit is filed completely unfounded. Consequently, the party will avoid long and tedious proceedings, unnecessary financial costs, and also get rid of a possible stain on its business reputation. This option is most preferable, however, it is rarely achieved.

In addition, the lawyer in the arbitration process assumes obligations not only to represent the interests of his client directly in court. He may well organize negotiations between the parties to the debate in order to resolve all disputed issues in a more peaceful and tolerant way. Therefore, a specialist of this level should not only be an exceptional professional in knowledge of the laws of the state, but also be an excellent psychologist to establish contacts even in the most difficult and conflict situations.

The high-level attorney in the arbitration process is characterized by a number of several key features. And this is not only the cost of the services provided. He speaks competent and clear speech, speaks coherently, does not abuse professional terms, making speech as accessible and understandable as possible. If the person in front of you crumbles in incomprehensible words and occasionally uses phrases in Latin, then his services should be immediately abandoned. Most likely, this is just a beginner in his field, who positions himself as a highly qualified specialist. Remember that the outcome of the case will depend on him.

A lawyer in the arbitration process is not an ordinary lawyer, but a specialist with specific knowledge. He must be able to correctly draw up a claim to the opponent, if he in any way violated his obligations. In addition, the specialist rests with the execution of all claims and related documents, a thorough study of the case materials, as well as an examination of the appropriateness of going to court. That is why it is so important to make the right choice and assign the responsibility for conducting the process to a worthy representative.

Source: https://habr.com/ru/post/G4346/


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