In civil proceedings, the natural person may defend themselves personally or may appoint a lawyer or, under the law, another person. The attorney-in-charge who is not a lawyer may not draw conclusions regarding the exceptions and the merits without being assisted by a lawyer; there is an exception for the spouse or relative up to the second degree who has legal studies. For appeal, the drafting and the submission of the application are, as a rule, reserved to the lawyer, with the exceptions provided for by the Code of Civil Procedure.
For legal entities, the rule is stricter: conventional representation before the courts is only done by a legal advisor or lawyer. This means that a company cannot freely send any employee to represent the case, but must use a legal professional or legal representative under the law.
Another moment when the lawyer becomes important is when the party cannot afford the costs of the lawsuit. The Code of Civil Procedure provides for legal assistance for those who are unable to meet the costs of the lawsuit without jeopardizing their own maintenance or that of their family, and this assistance may include exemptions, reductions, staggered payments, or deferrals of fees and free defense by a lawyer appointed by the bar association. Legal assistance may be provided at any time during the proceedings, in whole or in part.
From the first day, the documents you need to prepare depend on your position in the case, but the logic of the process is the same: you must have at hand the summons to court and all the received attachments, the documents proving your legal and economic situation, such as contracts, invoices, receipts, notifications, relevant correspondence, proof of payments, delivery or receipt documents, and any document that contradicts the opponent’s claim. The Code requires that the summons to court include the reasons and evidence, and the response to the claims and the evidence of the defense.
From the very first day, you must think about the form of evidence. The written submissions are usually attached at the very beginning; the witnesses must be identified by name and address, and if you rely on expertise or questioning, these must be requested in a timely manner. The Code of Civil Procedure states that evidence is submitted by the plaintiff through a request and by the defendant through a motion, and evidence that was not submitted in time can no longer be requested except in limited circumstances.
In practical terms, a lawyer is useful from the very first moment when the case involves financial stakes, short deadlines, many evidence, procedural exceptions, or an unclear legal structure. For the individual, the law allows for personal defense, but for effective defense, it matters not only to be right, but to express it procedurally in a timely manner and in the form required by law. For the legal entity, choosing the lawyer or legal advisor is not just an option for convenience, but the normal way of representation before the court.
Sources: Code of Civil Procedure, Articles 80–84 and Article 90 on legal assistance. For help in preparing the file, consult Civil rights page.
