A power of attorney to represent interests in court is a unique opportunity to competently resolve a complex issue without personal participation.
Why do I need a power of attorney?
Quite often there are situations when the problems that arose cannot be solved by the world. It comes to court. In this case, each of the parties will have to prove the case and protect their interests. But it is difficult for an ignorant person to find the right way out in the tangled wilds of jurisprudence. And then it becomes necessary to involve a specialist (lawyer or lawyer) in the process. This is ideal for resolving contentious issues.
But according to the law, the plaintiff and the defendant must not only be present at all court hearings in person, but also take an active part in them. As you know, the trial can last for months or even years. Not everyone can afford to spend so much time.
In this case, the participant in the process has the right to give his attorney (attorney or lawyer) a power of attorney to represent interests in court. After completing such a document, the trustee becomes a full representative of his customer. Now, at all meetings, it will be he who will speak on behalf of his principal.
What gives the conclusion of the power of attorney?
A power of attorney to represent interests in court can be concluded by both a legal entity and an individual. Any person has the right to attract another person who will subsequently act in his interests. The agreement must necessarily be concluded in writing. Verbal agreement in court is not taken into account. The drafted document for the authorized representative gives the right:
- represent the agreed interests of the principal in judicial and other state bodies;
- solve all arising issues without the personal participation of the principal;
- perform various actions to resolve the issue. This may be: signing a statement of claim, partial or complete rejection of claims, changing the subject of the lawsuit, concluding (if possible) a settlement agreement, receiving money or appealing against a court decision.
A defense attorney holding a power of attorney to represent interests in court of his client has a certain freedom of action. He can make decisions without additional approval. This circumstance is sometimes important in some situations requiring a quick response. But it must be remembered that it is necessary to conduct all business in the interests of the participant in the process whom he represents.
If the principal is a legal entity
Almost every enterprise has specialists who are involved in legal support of the financial and economic activities of the company and all transactions concluded by its management. But sometimes there is a need for an invitation to solve a specific issue of a specialist from the outside.
Then the administration of the enterprise resorts to the services of individual entrepreneurs or law firms, giving them a power of attorney to represent interests in the court of a legal entity. This document must be properly designed and must contain the following information:
- information about the enterprise;
- information about the representative;
- credentials of a representative;
- date and place of compilation of the document;
- signatures of the parties.
It is better to notarize such a power of attorney in order to avoid possible misunderstandings, although this is not a prerequisite.It will be enough to assure the signatures of both parties with seals. The original of the document drawn up is submitted to the court for review, and then it is with the attorney at all meetings. At any time, a legal entity can terminate the agreement and revoke its power of attorney by writing a statement.
How to draw up a power of attorney?
In order for the court or the opposite side of the process not to be able to challenge the powers of the attorney, it is necessary by all rules to draw up a power of attorney to represent interests in court. A sample document, for example, for an individual, should contain the following main points:
- After the name of the document, the place and date of its preparation shall be indicated.
- The following is information about the principal: full name, date of birth, full passport details and address of actual residence.
- Reliable information about the attorney in the same amount.
- Powers of the attorney. Here you can specify his rights or give complete freedom of action.
- Validity of the document at the discretion of both parties. Maximum this period can be no more than three years.
- Certification of a document by a notary. In the absence of such, this can be done by the director of the enterprise, the commander of the military unit or the head of the university at the principal's place of work, service or study.
Usually notaries already have standard blanks. It remains only to clarify some details and pay for the service.
Cost of services
Representation in court is carried out by special legal centers and offices. Typically, these companies charge a considerable fee for their services. In return, they guarantee a positive outcome in resolving the issue. This statement is not unfounded. Before giving a promise of this kind, experts carefully study the state of affairs and possible ways to resolve the conflict.
In addition, claims are usually made in such a way that all expenses for legal services are included in the list of claims for damages. Therefore, the customer can only pay the state fee and power of attorney to represent interests in court. The price of these documents is not included in the general list of damage. These are the only material costs that the principal may incur when applying for help. The remaining costs in accordance with applicable law must be paid by the guilty party. They will be recovered by court order and transferred to the applicant, minus the services of lawyers.
Download a letter of attorney for representation in court
