Dui Attorney A litigation lawyer is a person who, having the necessary license to practice law,
or the same as a lawyer from the official authorities of the country,
assumes the representation of different persons in the course of various lawsuits.
It should be noted that power of attorney is not necessarily for litigation,
and therefore for any legal matter, one can be represented or be represented by another.
In general, a power of attorney is a transaction or contract in which one of the parties appoints the other party to act as its deputy.
The representative is called the client, and the deputy is called the lawyer.
The “matter” of the subject of the power of attorney is “legal matter” in the general sense of the word,
and the lawyer can perform the assigned actions on behalf of his client in any of these matters:
arranging commercial transactions and contracts, issuing and accepting commercial documents such as checks
And for you, the conclusion of marriage and divorce, the administration of the client’s property,
as well as the planning and follow-up of all legal and criminal cases in court or the so-called lawyer in the trial, which is the subject of our discussion and the duty of the lawyer.
A litigation lawyer or a lawyer in a trial is a person who, on behalf of each party to the litigation,
performs the affairs related to that litigation and the duties assigned to him.
The purpose of the term “delegated” is that the powers of the attorney or any other attorney
are substantially limited to the matters set forth in the power of attorney.
The subject of the power of attorney and the scope of authority of the lawyer are mentioned in the power of attorney.
In case of non-specification or assignment of some issues in the power of attorney, the principle is not to develop the powers of the lawyer.
A lawyer cannot perform an act that is outside the scope of his / her power of attorney.
Unless customary and rational evidence extends the powers of the lawyer from what is stated in the power of attorney.
Therefore, the criterion in determining the limits and scope of the lawyer’s authority is the text of the contract
between the lawyer and the client, as well as the rational and customary evidence of the society;
Because proving something in custom is considered as mentioning in the contract,
and therefore the parties must adhere to the certainty of the contents of their contract.
Article 671 of the Civil Code states this rule in such a way that representation in
any matter requires representation in its provisions and preconditions;
Unless otherwise stated in the power of attorney.
According to Article 664 of the Civil Code, a lawyer is not a lawyer in receiving a conviction,
and a lawyer in receiving a conviction is not a lawyer;
Unless, in both cases, there is evidence of rational and customary evidence.
￼Representation of contracts is permissible,
and as a result, each client and lawyer can cancel the transaction directly and without any direction for termination.
On the one hand, the lawyer can resign at any time, and on the other hand, the client can dismiss the lawyer at any time;
Unless the power of attorney of the lawyer or the non-dismissal of the lawyer is stipulated in a necessary contract.
In addition to dismissal and resignation, the death and insanity of each of the lawyers and the client,
as well as the financial status of each of them in matters where financial growth is necessary, will lead to the abolition of advocacy.
However, in case of bankruptcy of the lawyer, his / her power of attorney will not be interrupted;
Because a bankrupt businessman is forbidden from interfering in his own finances
and not interfering in the finances of others. Also,
if the subject matter of the power of attorney disappears,
or if the client has personally performed the act that was the subject of the power of attorney,
or in general performs the practical client that is contrary to the power of attorney, the power of attorney will be terminated.
As mentioned, a lawyer needs to have a lawyer’s license from the competent authorities,
and therefore he can not be tried as a lawyer just by concluding a lawyer with a person.
Of course, having a power of attorney license, as a license to practice law in any legal matter, in the general sense of the word.
In a general division, lawsuits are basically divided into two categories:
legal and criminal lawsuits.
Lawyers also operate in each of these two general groups, as well as in smaller, more specialized divisions.
Smaller divisions are due to the increasing complexity of the types of litigation
that require expertise and experience in each case.
Lawsuits, in the strict sense of the word, include issues related to private relations between people in society;
Such as transactions between them.
Thus, a lawyer specializing in legal matters in its own sense,
with disputes such as disputes over the ownership of a land or house or real estate in general,
non-payment of rent for rented property, defective property purchased, lack of coordination
The descriptions of the purchased property are the same as the descriptions given by the seller,
and in general there are all disputes over transactions and issues such as the right of termination.
It should be noted that another set of legal issues in the specific sense that a lawyer faces are disputes over marriage, dowry, alimony and divorce.
Unfortunately, disputes and lawsuits about the family are on the rise,
and the lack of awareness of each man and woman of their legal rights may lead to the loss of their rights.
Issues and disputes regarding inheritance and wills are other common legal issues
in which the use of a lawyer can be a ground for clients to be aware of their legal rights and the protection
and restitution of those rights by the lawyer.
Criminal lawsuits include issues that are set out in criminal law and are related to public order, good morals, and community values.
Violation of these values and the order of society is recognized as a crime
and is explicitly mentioned in criminal law and their punishment is specified.
A criminal lawyer faces crimes that pose a threat to the life, property and reputation of individuals or a threat to the public security and well-being of society.
Crimes that pose a threat to the life and body of individuals include premeditated murder,
unintentional homicide, intentional assault on a person, and unintentional assault on a person.
These crimes, because they deal with the lives of individuals,
have many sensitivities as well as complex legal characteristics that make the work of a criminal lawyer more sensitive.
Crimes that are considered a threat to the property and property rights of individuals in society include theft, fraud, embezzlement, betrayal of trust,
issuance of irrevocable or unpaid checks, and the like, each of which in some way damages the property rights of individuals in society. he does.
People’s property is as valuable as their lives, and laws seek to prevent financial harm to others. Regarding the crime of theft,
it should be said that theft means stealing another’s property with
the intention of permanently depriving him of ownership of that property,
and it can be divided into categories that should be considered by a criminal lawyer,
for example, armed robbery and costly theft. To harass.
The crime of treason can also take many forms.
For example, according to the law, anyone who abuses a white stamp or a white signature entrusted to him or obtained it in any way,
commits a crime and is sentenced to imprisonment.
Also, whoever uses, possesses, loses or loses the property, writings such as checks, etc.,
which have been entrusted to him in order to achieve certain purposes,
to the detriment of its owner, commits a crime and is sentenced to imprisonment. It becomes.
In the case of the crime of fraud, it should be said that anyone deceitfully deceives people into the existence of fictitious companies or institutions,
or from having false property and authority
Also or from giving them hope in unreal things, or from frightening them with unreal events.
Or takes a fictitious name or title and in one of these ways or by any other fraudulent means,
obtains funds, property, documents, remittances,
bills or the like and steals another’s property in this way, is considered a fraud.
In addition to denying the original property to its owner,
he is sentenced to imprisonment and to pay a fine equivalent to the money he has received.
Issuing an irrevocable or unpaid check is another common financial claim that the litigant must be familiar with.
The crime of issuing an irrevocable check is committed in one of the following ways:
Lack of cash or insufficiency in the person’s account on the date of payment stated in the check,
withdrawal of all or part of the amount to which the check was issued,
issuance of a check from the account Blocked with the knowledge of the issuer that it is blocked,
the order of the check issuer not to pay the check to the bank,
adjusting the check incorrectly that causes the bank to refuse to pay, such as non-compliance with the signature.
Considering the small but fundamental differences between the types of financial crimes is one of the cases
that requires the master of the litigation to master the legal definitions of the crimes and the necessary elements to prove them.
The third category of crimes that are the subject of the specialization of criminal lawyers are crimes that are considered a threat to the security and public welfare of society.
Moharebeh, corruption on earth, propaganda against the regime of the Islamic Republic of Iran, espionage, production and promotion of counterfeit coins and banknotes
and… are examples of these serious crimes that generally have a high punishment.
Of course, in terms of substance and license, there is no difference between lawyers
with different specialties, and a lawyer can handle all cases.
In general, we can name a lawyer in a criminal case, a family lawyer, a Czech lawyer in a legal lawsuit, a Czech lawyer in a criminal lawsuit,
a real estate lawyer, an inheritance monopoly lawyer, a divorce lawyer, a contract lawyer and the like.
￼Not only the above substantive issues, but also formal issues fall within the scope of the lawyer’s expertise.
Formal law or procedure is a set of rules and regulations for detecting a crime, prosecuting the accused,
investigating, how to handle legal and criminal cases in court, issuing a verdict,
ways to challenge legal and criminal judgments, enforcing judgments, determining the duties and powers of judicial authorities.
And judicial officers and the observance of the rights of the persons involved in the litigation shall be established.
The procedure that governs how a lawsuit is handled and handled is of great importance
and small but fundamental points that ignoring them by the litigants may destroy the opportunity for defense, prove innocence, and generally lead to deterioration.
Be their legal rights.
The lawyer must protect his client’s rights in the best possible way by mastering the formal laws
and being familiar with the process of trial in courts and judicial authorities.
A lawyer can not only defend his client and recover his lost rights in court by presenting documents,
but he must also observe the laws, deadlines and deadlines for appeal, appeal, appeal and other important deadlines to maintain.
Consider the rights of your client as much as possible.
The last point about a lawyer is his fee or his attorney’s fee.
Basically, all the costs of the lawsuit, including the hiring of lawyers, are borne by the person who loses the lawsuit.
The loser not only has to pay for himself, including his lawyer if he has a lawyer;
He must also bear the wages of the winning party’s lawyer and give that amount to the winning person.
In this case, although each lawyer’s salary is subject to a contract between him and his client,
the winning party’s lawyer’s salary, which must be paid by the loser, is not necessarily subject to the amount agreed between the winner and his lawyer.
In the case of litigation attorneys’ fees, there are tariffs that are approved by the judiciary and set a ceiling on the amounts.
If the amount agreed between the winner and his lawyer was less than the statutory tariff, the losing party must pay the same amount less to the winner.
But if that amount was more than the amount of the tariff,
the defeated person will only be obliged to pay the amount according to the said tariff.
Of course, the attorneys’ rights of the winning party and the lawyer of the losing party are in any case in accordance with the contract between them and their clients.
It should be noted that the amount of legal tariffs in this area is variable and depends on the approved regulations.
Of course, the power of attorney can also be free, which requires mentioning in the contract,
and if it is not mentioned whether it is free or not, the principle is that the power of attorney is not free.
If the amount is not mentioned in the contract, the same tariff will be applied.