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Frequently Asked QuestionsDo you carry on all the litigations and arbitrations?
We carry on a litigation only when the client has a legal position in the arbitration dispute. In case there isn't one the litigation is doomed to a failure and entails unwarranted client's expenses. Carrying on such a litigation contradicts legal ethics. Legal position is the presence of legal reasons for court to take our client's part. Lawyer's craft consists in choosing the best legal position proved by evidence.
 What is the approximate cost of pleading an arbitration in Moscow? And what is the procedure of payment?
The cost depends on the concrete situation and it is determined by the contract. The difficulty of the case, proposed time-expenses for the preparation and litigation, the cost of legal action, urgency - these and other factors are taken in account. There're different procedures of payment. On first appealing to us the cost of litigation in one legal instance usually is 5-10% of the action cost and it is to be enforced form the party lost. Half of the total sum is usually paid on making a contract, the rest is a premium for successful results in litigation.
What is the percent of cases you won?
Litigation is not a game of chance, but it is a procedure of restoring rights. After studying the legal position of a potential client the lawyer basing on the law and practice makes his conclusion regarding perspectives of the case. The conclusion is almost always confirmed.
Certainly, legal practice in some categories of cases is new of unclear or there are few evidence and the court might act as it thinks best. Although the majority of legal cases is typical by its legal position and evidence. The positive decision is almost always pre-determined. If there are any doubts in the perspectives, the client is let know beforehand and he brings the question about expediency of appealing to court to a decision. Will the lawyer really help us in litigation? If the law is on our side, the decision will be in our favor. If it is not, the decision will be in favor of the other party. Isn't it?
The law is one and the same for everybody, but it can be adopted in different ways.
Under the clause 9 of the Arbitration Procedural Code of the Russian Federation proceedings will be based on the dispute. The parties will take risk of their procedural actions. It is important to understand that the arbitration court does not give consultations and does not carry out examinations or search for evidence without the appropriate petition. The court's verdict will be based on the evidence and documents submitted by the parties to the dispute. Often the parties do not submit all the necessary evidence to the court of first instance, which results in loosing this opportunity, because as a general rule all the evidence should be presented in the court of first instance. What is the best moment to recruit a lawyer?
Preliminary preparation of the documents, before instituting a proceeding is the best moment. The version of relations between parties presented to the court and the legal position are the main conditions to win the litigation.
What can a lawyer do when there are doubts of judge's impartiality?
There are 4 independent instances in arbitration system:
It is important to mention that by Arbitration Procedural Code there have been also established new mechanisms for strengthening independence. So, the statement on the subject of rejection of the judge sitting in judgment upon a case individually is examined by Chairman of Arbitration Court, vice-Chairman or by Chairman of the juridical bench. Under the clause 19 of Arbitration Procedural Code the jury may be set up. The jury has rights and proxy of a judge. Each of the parties choose the candidate of the juryman from the list determined in legal order. How long does an arbitration usually last?
If there's no need in effecting expertises, it usually takes 1 to 3 months.
How often the decisions of a court of first instance are appealed against?
On entrepreneurs disputes the decisions are seldom appealed against in higher instances. There are many reasons like amicable agreement or if there're no prospects in future or disinclination of future legal expenses.
What are the legal expenses of parties in arbitration?
Legal expenses consist of state custom (see special site page) and legal costs, which consist of payment to experts, expenses for lawyer's service and some other expenses.
Who does pay the charges?
The charges are paid by the party that brings an action, who petitions for an expertise, pays for lawyer's support in representing its interest in court. All the expenses mentioned are to be refunded by the party lost. If the suit is satisfied partly, the expenses are to be compensated proportionally to action demands satisfied.
How much does the constant legal support costs of there is a staff lawyer/legal department?
The costs depends on the volume of legal work: checking projects of contracts, drafting legal documents, transactions support, analysis of legal documents, consulting, representing in state authorities and other organizations. Sometimes the contract on constant legal support may include additional terms regarding representing in juridical establishments. Such a contract presumes monthly payments.
The minimal costs is usually not less rouble equivalent of 1000 USD, though this question is to be solved after the preliminary examination of the documents and work volume and can vary. 12. Which criminal litigations do you carry on?
We carry on litigations concerning economic field of activity stipulated by the Criminal Code Chapter 22 (download) and some other chapters of the Criminal Code of the Russian Federation like illegal business in banking, investment and other fields, illegal actions concerning bankruptcy, evasion from payment of taxes, contraband and other. Such matters require a lawyer with extensive experience not only in criminal law, but also in financial, tax and corporate law.
What is the order of payment for criminal cases support?
The contract is to be made during the preliminary investigation, and in case of necessity it can be prolonged for litigation in court of first instance, in the court of cassation and in supervision instances.
14. Do you carry on litigations with a payment after a successful result?
No, we don't.
This is a position of the beginners who try to attract the clients. Usually they don't even have an official lawyer' status. (see a register of the Ministry of Justice). According to legal ethics it is forbidden to enter into such agreements. Besides that in case of clients dishonesty the payment may not be made after the conclusion of the litigation and applying to court for enforcing the payment is quite unreasonably. The payment for the litigation usually depends on action's costs and a positive result. |