AKMV Civil representative in court proceedings (representation by a person other than a lawyer before the court)
QUESTION
Hello, may I ask if I or my sister could represent our father in court (due to health reasons – heart attack), if he authorizes us? The payment was not made by our mother, with whom we have no contact. Additionally, could we later file a request to investigate a forged signature on the deed of the parental house? We have evidence from a graphologist that she forged our father’s signature.
ANSWER:
The possibilities of representation in court proceedings are regulated by Act No. 160/2015 Coll., the Civil Procedure Code (hereinafter referred to as the “CPC”), which, besides representation by an attorney, also allows representation by another chosen representative – so-called “lay representative.”
According to § 89 CPC: “A party may be represented in proceedings by a representative of their choice. The chosen representative may not be further represented unless otherwise provided by a special law. If the chosen representative under paragraph 1 is not an attorney, the court shall decide by resolution, which is delivered to the represented party, that such representation is not allowed if the representative is clearly incapable of proper representation or if the representative acts in multiple proceedings as a representative.”
The CPC also sets restrictions on the possibility to choose a lay representative.
According to § 90 CPC: “A party must be represented by an attorney in disputes arising from or related to bankruptcy and restructuring, in disputes concerning protection of competition, in disputes concerning unfair competition, in disputes concerning threats or violations of trade secrets, and in disputes related to the protection of intellectual property rights. This does not apply if:
the party is a natural person holding a university law degree (second level), or
the party is a legal entity and its employee or member acting on its behalf holds a university law degree (second level).”
According to § 91 CPC: “In disputes concerning personality protection under the Civil Code, in disputes concerning protection under mass media laws, in disputes arising from legal relationships concerning promissory notes, checks, or other securities, and in disputes between entrepreneurs in the performance of their business activities, representation is not permitted; this does not apply if the representative is a person holding a university law degree (second level).”
From the above, it follows that the legal regulation allows your father to authorize you or your sister to represent him in court proceedings in which he is a party.
Please note that if you act as a lay representative for multiple parties repeatedly, for remuneration or similar reasons (or if the proceedings would meet the criteria of a business activity), this could constitute illegal practice of law.
JUDr. Veronika Michalíková, MBA