Representation in court

Court representation is one of the oldest and most essential legal services. In fact, Roman law, the foundation of the entire modern legal system, was formed from procedural law. In continental legal systems, including the Russian legal system, the role of the court is significantly reduced compared to common law countries (such as England), since de jure a court decision does not create precedent and therefore does not have norm-setting authority. However, de facto, the situation is not so straightforward:

First, a court decision often has a law-establishing (transformative) effect. Second, even in France, a country traditionally focused on codification, judicial practice is becoming increasingly important. But in the absence of a legally binding duty for a court of equal rank to follow a previous decision on the same matter (precedent), courts, despite the importance of judicial decisions, tend to follow the opinion of a higher court, but not necessarily adhere strictly to it.

A trial lawyer works in a situation of greater uncertainty than in common law countries: on the same issue, decisions may be made both for and against a party. Russia is no exception. This is further complicated by the fact that modern Russian civil law, due to events of the 20th century, has been forced to develop with delay, and codification remains fairly imperfect. As a result, going to court is a kind of gamble, where winning is almost never guaranteed.

The ideal trial lawyer is usually a special breed of lawyer who dedicates themselves entirely to court proceedings. We always try to send both a trial lawyer and a lawyer specializing in the specific issues arising during the case together, so they can support each other in team work.