Lawyer for claims work - free course from the Russian School of Management, training, date: December 7, 2023.
Miscellaneous / / December 09, 2023
The program is aimed at studying claims work. Our teachers will talk about the principles of organizing claim work and preparing for a court case, and teach you how to use basic collection methods evidence in various categories of cases, will review documents regulating judicial claims work and accounts receivable management debt. The training also covers forensic tools and common tactical mistakes in debt collection.
Specialist in litigation, claims and contract work. Has experience working in legal departments of companies. Participant in industry conferences.
Ph.D., practical teacher in collection activities. General Director of the Collections Development Center, author of more than 100 industry publications.
Ph.D., practical teacher in collection activities. General Director of the Collections Development Center, author of more than 100 industry publications.
Features of organizing the work of the legal service
• The concept of legal service, its place and role. Tasks of the legal service
• Portrait of a lawyer. Check who you control
• Increasing the efficiency of the legal service
• Team relations and advice on hiring a lawyer
• Improving contract work
Professional judicial competencies. Preparing for a court case. Evidence and proof
• Preparing for a court case
• Organization of claims work. How to use a claim to your advantage; How to Resist Abuse in a Pretentious Job
• Preparing for a court case
• Determining the prospects for litigation. Methods for changing jurisdiction. Methods of transferring cases and simplified proceedings to claims. Use of a court order
• Determination of the norms of substantive law to be applied, the availability of judicial practice in this category of cases
• Determination of the circumstances to be proven in the case
• Assessment of the statute of limitations and other procedural deadlines (including the presence of special deadlines for considering a case in court
• Determining the list of necessary petitions and statements when filing a statement of claim (on securing evidence, on requesting evidence, on ordering an examination, etc.)
• Tactics and strategy for conducting a legal case: practical aspects in determining goals and planning activities
• Counterclaim: assessment of necessity, conditions for the feasibility of filing, whether full protection of rights is possible only by preparing a response to the claim. How to use a counterclaim correctly
• Practical recommendations for drawing up a statement of claim and response to the claim
• Practical recommendations for the effective use of established judicial practice when substantiating a position on a case
• Evidence and proof
• Basic methods and practical aspects of collecting evidence for various categories of cases
• Problems of disclosing evidence before the start of the trial
• Possibility of proving negative facts. Legal position of the Supreme Arbitration Court of the Russian Federation on the issue of proving negative facts (Resolution of the Presidium of the Supreme Arbitration Court of the Russian Federation dated January 29, 2013 No. 11524)
• Burden of proof when a party does not challenge the other party's arguments. The necessity and limits of proof in case of a passive position of the defendant in a dispute. Extension of the provisions of Part. 3.1 Art. 70 of the Arbitration Procedure Code of the Russian Federation for the plaintiff and third parties
• Basic practices and common mistakes in using written evidence. Comparison of the evidentiary value of paper and electronic media. Methods for ensuring the receipt of evidence on electronic digital media and on the Internet
• Practical issues of countering the falsification of written evidence (proving the forgery of a signature and intentional distortion of a signature by the hand of a certain person, the influence of the size of the signature on the possibilities of examination, determination of how long ago it was drawn up document, etc.)
• Basic practical problems of forensic examination as a method of evidence. Problematic issues of searching for an expert institution. Evidentiary value of expert opinion. Assessing the prospects for conducting an examination
• Features of the use of witness testimony in arbitration and civil proceedings (definition expediency, evidentiary force, basic techniques and tactics for presenting testimony and interrogation witnesses, etc.)
• Reconciliation acts: recommendations for drafting and effective use in court (execution of reconciliation acts, authority to sign, evidentiary role of reconciliation acts, analysis of judicial practice, etc.)
Organization of judicial work
• Regulations for judicial claims work (local document of a judicial lawyer).
• Legal cases: “weak side of the contract” and “electronic evidence”.
• Judicial cases: “visibility of information for the judge”; "procedural revolution".
• Legal cases of “property security guarantees”; "forensic examination".
• “The subtleties of judicial work in a company,” “effective recovery,” “speech and motivation of a trial lawyer.”
Accounts receivable management
• Prevention of bad debts.
• Preliminary verification of potential counterparties.
• What needs to be stated in the contract.
• Monitoring changes in the financial position of the existing counterparty, tracking signs of possible bankruptcy.
• Debt collection problem.
• Legal tricks that speed up the collection process.
• Extrajudicial (claim) inducement of the debtor to repay the debt.
• Increasing the efficiency of enforcement proceedings.
Procedural law
• Professional judicial competencies.
• New developments in procedural law: Cassation and Appeal District Courts of General Jurisdiction.
• Problems of compliance with the claims procedure.
• Statement of claim.
• Arbitration process. Work on mistakes.
• Code of Administrative Procedure.
• Petition.
• Court order.
• Simplified production.
Alexander
10.08.2020 G.
Summer 2020 took the course “Lawyer for claims work”. The teacher Ilya Dorokhov is great! He doesn’t just give a dry theoretical basis, but does it in a very interesting way, backing everything up not only with judicial practice, but also with examples from his own experience. Uncompromisingly grips! Honest five! Teacher Nikolay Ivanov - the lectures are very valuable, because... based on many years of personal experience. Human...