When do I need to hire a car accident lawyer? If you are a victim as a driver, during your hearing by the gendarmes, you are strongly advised to file a complaint against the responsible perpetrator by the help of car wreck attorney.
Your filing of a complaint will indeed encourage the Public Prosecutor if a criminal offense is characterized to refer the responsible author to the criminal jurisdiction. You will then be a party to the trial and as such you will have access to the Tribunal file and will be informed of the date on which the case will be brought before the Tribunal. You will then receive a “Notice to Victim ”to allow you to constitute yourself as a ” civil party “”at this hearing. Contact Brad Nakase if you need to know how to improve seo for lawyers
Criminal proceedings, civil proceedings.
The criminal procedure has the merit of allowing you to be present at the hearing or the person responsible will be judged, to present your arguments and formulate your claims for compensation.
The criminal route is always to be preferred because it is more satisfactory psychologically for the victim and his family and also allows compensation much faster than before a civil court.
So when your legal protection or defense insurer discourages you from going before the criminal judge, you should not follow his advice.
Indeed, after you are a Civil Party before the criminal jurisdiction, in the event of a subsequent disagreement on your compensation with the insurer of the person responsible, you can very quickly have your case returned to the same criminal judge so that he fixes your compensation. If you did not constitute a Civil Party before the criminal jurisdiction, you will then have to, in case of disagreement on the amount of your compensation, apply to a civil court where the procedure is much longer and more formalistic.
The length of the civil procedure therefore discourages victims who have no choice but to accept a transaction to their disadvantage.
The initial choice of the criminal route does not then prevent a change of opinion and to initiate a civil trial.
The lawyer for workers has a defensive role before the Labor Court, but he also intervenes to give legal advice outside any procedure. Often, the lawyer will be able to inform his client about the chances of success of his file and indicate to him whether or not it is opportune to initiate legal proceedings. The labor lawyer can intervene and be useful whenever the relations between the employer and the employee are concerned.
When to call a labor lawyer?
The lawyer often intervenes following a dismissal, but he can also assist a person who is the victim of harassment , discrimination and indicate to him the steps to be taken in order to put an end to the situation. He can also advise the employer or the employee when there is a problem concerning the employment contract, and before that, draft an employment contract. In the context of a breach of the amicable contract, the employee may request to be assisted by a lawyer . Finally, the help of a lawyer is sometimes useful for the employer to know the obligations to be observed in the daily life of the company.
The Law of August 6, 2015 for economic growth, activity and equality and the Decree of May 20, 2016 relating to industrial tribunal and the judicial processing of labor disputes, have modified the list of persons entitled to assist or represent the parties during the industrial tribunal procedure. According to article R. 1453-2 of the Labor Code, are now empowered to assist or represent the parties as well as lawyers, union defenders, the spouse or a person from the company. While lawyers had a virtual monopoly in this area, union defenders now have a major role, articles L. 1453-4 et seq. Of the Labor Code specifying the contours of this new union defense.
The tasks of the labor lawyer
The lawyer in labor law or in any other field has the mission of advising and informing his client, but also of defending him and of performing or drafting certain acts on behalf of this client.
The legal profession is regulated at the level of training, but also of its exercise. The law of December 31, 1971 reforming certain judicial and legal professions defines the lawyer as an auxiliary of justice and gives him a monopoly in matters of representation, assistance and defense of the parties before a court. In theory, this means that only a lawyer can plead and defend a person in court.
There is however an exception, insofar as union defenders, who are not lawyers, has the possibility of representing an employee before the Labor Court.
Likewise, article 54 of the law of December 31, 1971 gives a monopoly to lawyers and other legal professionals (jurists, bailiffs, notaries …) for legal consultations and the drafting of certain acts.