| Abstract [eng] |
The main purpose of the paper is to analyze legal representation institute in Lithuanian civil procedure and discuss some problematic aspects of it. Legal representation in one of the essential elements of civil procedure, so a thourough analysis of it is very useful. The paper is divided into three main sections, which cover main aspects of representation in civil court. In the first part of the paper concept of legal representation and its aims are discussed. Also, legal representation is analyzed from historical perspective, certain aspects of different periods are highlighted. Representation in civil court and agency institute in civil law are compered. In the second part of the paper different persons eligible to act as per pro representatives are analyzed. The greatest attention is paid to attorney. The legal status of attorney, its relationships with the client are discussed. Some details are given on the associations and other legal entities ability to act as person reprensentative in civil procedure and some problematic aspects of it. Also, doctrine of Lithuanian Constitutional Court on persons ability to act without attorney in appellate courts are analyzed. In the third part of the paper attorney fee shifting are analyzed, with the biggest attention paid to principles and criteria applied in judgements of Supreme Court of Lithuania. Also, principles of fair attorney fee are discussed. This section also briefly reviews the two opposing attorney fee reimbursement models known in theory and practice. Conclussions on most important and problematic aspects are provided at the end of paper. |
