The procedural defense and technical representation. The Procedural Postulation.
The clients and students are numerous who ask me for the difference between defending, representing and to represent technically. The question is not trivial and generates not few doubts. By means of these lines we are going to try to solve some of them.
Procedural representation (articles 23 and 32 of the LEC)
The one is that corresponds to the solicitors of the courts, assuming the representation of the parts in certain processes. The last reforms operated in the Law of Civil Judgment have determined some assumptions in which the presence of these professionals is not necessary nor obligatory:
Verbal judgments whose quantity does not exceed 2,000 Euros.
Initial request of the monitorios procedures.
Incident of opposition of resolutions in the matter of gratuitous legal attendance.
Urgent measures that are asked for prior to the judgment: Preliminary diligences, articles 256 and concordant of the LEC, anticipated test, articles 293 and following of the LEC and regulated precautionary measures in article 725 of the LEC.
Acts of conciliation.
Acts of voluntary jurisdiction.
It does not prevent that we resort to its service and our client appears represented by solicitor. This circumstance generates series of effects for part opposite, to who cannot harm that action in processes in which its presence is not obligatory, that is to say:
It is necessary to warn to the opposite part, the plaintiff in the governing writing and the demanded one within three days since the demand is notified to him.
Facing a hypothetical sentence in coasts, the solicitor rights are not included unless the court thus appreciates recklessness in the conduct of the condemned in coasts and is indicated specifically in the sentence or that the address of the represented one is in place different from that one in that the judgment has been transacted.
We do not have to forget that the right accruals by the solicitor as a result of those activities are even excluded from merely facultative character that had been able to be practiced by offices judicial (diligenciamiento of documents that can be transacted directly from the court), when their intervention is mandatory.
Articles 31 and 32 of the LEC.
The intervention of the lawyer guarantees and assures the right defense of the parts in the process, from the home to its conclusion; the lawyer as much directs the procedure in his procedural aspects as basic; the denominated technical manual, advises to the client on the viability of the subject, it watches all the aspects of the procedure and gives to voice and factual and legal content to the pretensions of the actionable one.
Unlike the solicitor, the lawyer does not need to be able of his client, being tie to him by means of a contract of renting of services regulated in articles 53 to 56 of the General Statute of the Law.
He says above-mentioned article 31 of the Law Rituaria:
The litigants will be directed by qualified lawyers to exert their profession in the court who knows the subject. He will not be able to provide itself to any request that does not take the lawyer signature.
Verbal judgments when the quantity does not exceed 2,000 Euros. Initial requests of monitorios procedures.
The writings that they intend to appear in judgment, to ask for urgent measures prior to the judgment or to request the urgent suspension of views or activities.
When the suspension of views or activities that are tried are based on causes that especially talk about the lawyer also will have this one to sign the writing, if outside possible.
Articles 18 and 21 of the LRJS.
Term reserved for the action of the associated social graduated ones in the social jurisdiction.
The parts will be able to appear by themselves or to confer their representation to lawyer, solicitor, graduated social associated or any person who are in the total exercise of his civil rights. The representation will be able to be conferred by means of being able granted by appearance before the judicial secretary or public writing.
The defense by lawyer and the social graduated technical representation by associated will have facultative character in the instance. In the pleading resource the litigants will have to be defendants by social graduated lawyer or represented technically by associated. In the resource of annulment and the procedural activities before the Supreme Court the lawyer defense will be mandatory.
We can summarize the competitions of these professionals in the following:
Va Administrativa: to exert the representation and technical manual of administrative procedure before the Inspection of Work, the INSS, the TGSS, the Service of Conciliation and Arbitration, etc.
Va Judicial: representation before the Courts of the Social order in all type of labor procedures
Next to the previous thing, the social graduated ones offer numerous services to companies and workers, such as labor advising, hirings, discharges and losses of workers, labor audits, collective conflicts, labor accidents, procedure of benefits before the Social Security, etc.
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