Representation in litigation

• conducting civil and commercial actions at first instance, as well as in appeal proceedings and in review proceedings before the Curia
• drafting the statement of claim, the statement of defence and pleadings in the action, and preparing motions for the taking of evidence
• before the action is commenced, reviewing whether the claim is capable of being enforced and assessing the evidentiary position, and developing the litigation strategy
• preparing an out-of-court settlement, preparing a judicial settlement and applying for its approval by the court

When an attorney-at-law is required for an action

Under Act CXXX of 2016 on the Code of Civil Procedure, legal representation is mandatory in the course of court proceedings, save where an Act provides otherwise. The exceptions are specified item by item in the Act.

Subject-matter jurisdiction generally depends on the value of the action. Property actions in which the value of the subject matter does not exceed thirty million forints, or in which the value of the claim based on a pecuniary right cannot be determined, fall as a general rule before the district court — the Act, however, lists several exceptions to this, such as actions concerning copyright and industrial property rights. Employment actions fall within the subject-matter jurisdiction of the regional court.

The preparation of the action

Before an action is brought, three questions must be clarified: whether the claim is capable of being enforced at all, whether it is time-barred, and by what means it can be proved. Reviewing the evidentiary position is often more important than the legal reasoning itself — even a claim that is otherwise well-founded may be lost.

The statement of claim must contain, without omission, the elements of content specified in the Act. A failure in this respect leads in itself to the protraction of the proceedings.

Examination of conflicts of interest

Under the Act, a representative may not act in an action where the opposing party is the representative in person or a person whom that representative likewise represents. For this reason, the first step upon every enquiry is to check whether a conflict of interest exists in the matter. Where it does, I give notice of this immediately.

Settlement during the action

The commencement of an action does not preclude agreement. A settlement approved by the court may serve as the basis for the issue of an enforceable instrument, that is, it has the same force as a judgment. A judicial settlement often brings a faster and more predictable outcome than the taking of evidence carried through to its conclusion.

Documents in a foreign language in the action

Where a translation is necessary — in the absence of a provision to the contrary in an Act, in a binding legal act of the European Union or in an international convention — a simple translation may be used. Where doubt arises as to the correctness or completeness of the translated text, a certified translation must be used.

Frequently asked questions

Must I retain an attorney-at-law for the action?

As a general rule, yes: legal representation is mandatory in court proceedings, and the exceptions are determined by the Act. At the outset of the matter I will tell you whether your case falls within the exceptions.

Can you tell me in advance whether I will win the action?

No. The outcome of an action depends on the evidence, and the result of the taking of evidence cannot be guaranteed in advance. What I can do is this: I review the documents and tell you where your position is strong and where it is weak.

How long does an action last?

This depends on the extent of the evidence, on the involvement of witnesses and of an expert, and on the workload of the court. No specific duration can responsibly be undertaken.