You have heard this famous line in all the series and in all the detective films: “I will not say anything until I have spoken to my lawyer!” In this article, we will teach the basic rules for visiting a court. We will explain when you need a lawyer in order to take a request to court.
In some cases you will also need a Probate Attorney to handle your sensitive matter in the jurisdiction. We recommend your contacting the Probate Attorney Brooklyn to get yourself an experience attorney. Let’s know more about it.
Labor Disputes
Individual disputes between an employee and his employer (salary, dismissal, etc.) come in the authority of the engineering hearing. The employee can act before the industrial tribunal without a lawyer. However, representation becomes compulsory:
If the employee or the employer, dissatisfied with the decision rendered by the industrial tribunal, goes to appeal jury.
If the case goes to cassation, the employee or the employer must obligatorily take a lawyer with the Councils: it is a category of lawyers which one appoints the lawyers State Council as well as Cassation Court.
Administrative Jurisdictions: When to Call a Lawyer?
Administrative judges have authority greater than directorial decisions.
Administrative courts
The administrative court (TA) is competent in first instance. If the regulations so provide, the lawyer is compulsory.
Thus, article R. 431-2 in the administrative justice provides that the proceedings must be brought by a lawyer in the following cases
- Request for payment of a sum of money;
- Request for discharge or decrease of a figure the payment of which is claimed from the person;
- Dispute arising from the execution of a contract.
However, the lawyer is not obligatory in the following cases:
- Disputes concerning major highway tickets;
- Disputes over direct contributions;
- Disputes concerning turnover taxes or similar taxes;
- Individual disputes concerning officials of the region or another public authority;
- Individual disputes concerning agents of the banque de france;
- Disputes concerning:
- Pensions;
- Social disputes (in matters of benefits, allowances or rights granted in respect of social assistance or action, housing or in favor of workers deprived of employment);
- Reserved jobs;
- Compensation for returnees;
- Defendant gets attacked related Disputes (the person being attacked in court) is:
- A local authority;
- A public establishment under such a community;
- A public health establishment;
- Requests for the execution of a final judgment.
In practice, many disputes before the TA do not require a lawyer.
Administrative Magistrates of Application
The administrative court of appeal (CAA) is the courtyard of appeal in administrative law. In principle, the use of a lawyer is compulsory.
However, recourse to a lawyer is not compulsory, in specific in the following cases. Execution of a judgment rendered by an administrative tribunal located within the authority of the CAA is appealed against the CAA.
In certain specific cases, the appeal falls directly to the committee of State. In this case, recourse to a lawyer is in principle optional.
Presence of a lawyer at the State Committee
The Council of State is the supreme jurisdiction in administrative matters. It is somewhat the equivalent, for administrative law, of the Cassation jurisdiction for private law.
We hope the information we have shared was helpful and relevant.
