In what cases in court the lawyer is necessary.
Are very frequent, having written the statement of claim by means of the lawyer, people consider that on it the question is settled, further they submit this petition, and all the rest will be told or will made by the judge.
I dare to assure is not so.
According to Art. 58 of GPK Russian Federation (grazhdansko - the procedural code regulating trial on civil cases) the court makes the decision on the evidence produced by the parties, and estimates the evidence produced by the parties.
If to translate this phrase from legal language on universal, then the court listens, looks and estimates, that presented it the parties: the claimant (the person who submitted the statement of claim) and the defendant in the claim.
When the person is hurt by tooth, kidneys, a liver, it very seldom self-medicates, and goes respectively to the stomatologist, the cardiologist and so on.
If the person has a legal problem, then he, as a rule considers what to solve - it is a duck soup for it, business for all, absolutely clear and clear, and he independently will describe it in the statement of claim and will explain in court. And if and makes that not so the judge will prompt.
Unfortunately, what is clear and clear to one party is far not so obvious another and the more so to the judge.
Housing affairs can be an example.
So, some grandson or nephew or still some “ distant relative “ registered by the employer in not privatized apartment, after death of the main employer appeals to housing bodies to sign the employment contract with him, to transfer personal account to it. Very much is surprised when is refused also the recommendation to appeal to court, reluctantly goes to the lawyer (in very good option) writes the statement of claim about recognition of the employer by the family member and it appears before the judge as the claimant. And on the party of the defendant, as a rule, the representative of Administration of the area where there is an apartment.
And here begins. It appears, it should prove:
- the installation fact with the consent of the employer (and on the constant place the residence, but is not temporary), and it indications, the neighbors, loaders, friends, companions transferring property;
- the fact of the related relations with the employer (even sons, daughters etc. need birth certificates, marriage, change of a surname etc.) ;
- the fact of cohabitation and maintaining the general economy, and is the joint budget, a table, economy etc.
A the claimant costs, blinks and is perplexed: “ And why it I, have to prove everything? “ or “ And how to prove it? “ “ And where to take documents? “ “ And what to whom it is unclear, I lived there? “
And so, it is necessary to prove because this duty is assigned to the claimant on the matters by the law. And how to prove (witnesses, documents) the claimant if he wants to remain, of course, in this apartment has to define.
He can strike, of course, a pose, and at all prove nothing, but then, let does not take offense if the judge makes the relevant decision, and other party in the same process or other will submit a claim for its eviction from this apartment.
Therefore, my unambiguous opinion the lawyer in court at the solution of legal problems is necessary, also as well as the stomatologist at the solution of problems with teeth, and the programmer at the solution of computer problems and the plumber at the solution of sanitary.
Other question that after some to questions (especially on affairs at magistrates) the person can quite manage by own forces.
But it is already other question and a subject of separate article.