What the service includes
Commercial court proceedings require not only knowledge of procedural law but also strategy: which evidence to gather, when to file applications, and whether to seek interim measures. Mistakes made early are hard to correct later.
We represent the client at every level, from the first instance to the Supreme Court, and we give an honest assessment of the prospects at the outset, not only after the money for representation has already been spent.
We build the strategy with all levels of court in mind from the start: how the same position will look on appeal if the first instance rules against us. We deal separately with forensic expert examinations, from framing the questions for the expert to challenging the expert’s opinion if it goes against the client. Where there are several defendants or third parties in the case, we think ahead about how their procedural positions will affect ours.
What the service includes:
Who it is for
The situations clients most often bring to us on this topic.
How we work
A fixed fee and a clear plan of action, agreed before work begins. The timeframes below are indicative and depend on the complexity of the case.
Assessing the prospects of the case
We give an honest assessment of the chances of winning before the claim is filed, based on the documents and the facts. Timeframe: 2-5 days.
Preparing the claim
We prepare the statement of claim and the evidence, anticipating the defendant’s likely objections. Timeframe: 5-10 days.
Conducting the proceedings
We represent the client at all hearings and file the necessary applications. Timeframe: 3-6 months.
Appeal if necessary
If the judgment is unfavourable, we prepare an appeal or cassation complaint with a refined legal position. Timeframe: 1-3 months.
What you will need at the start
We confirm the exact list for your situation at the consultation. This is a guide so that you arrive at the first meeting prepared.
Key figures
Experience in this practice area specifically, not in practice as a whole.
Common mistakes
Sending a representative without a law degree to court. Since 2019, only a person with a higher legal education or an academic degree in law may represent a company in a commercial court. Sending a staff member without that status ends with the court refusing to admit them and with lost time on procedural steps.
Underestimating commercial court procedural deadlines. Unlike in courts of general jurisdiction, commercial court proceedings set strict deadlines for filing a response and evidence. If these are missed, the court may disregard arguments even when they are entirely sound on the merits.
Counting on full recovery of representation costs. Even when the case is won, the court does not compensate representation costs in full but within limits it considers reasonable. You should not count on automatic reimbursement of the whole sum. It is important to build the justification for the costs incurred in advance.
What you get
A procedural position for the whole dispute. You receive a strategy built from the very beginning that allows for a possible appeal and cassation, not only the first instance.
A judgment in your favour. The outcome of representation is a commercial court judgment that has entered into force, not merely attendance at hearings.
One partner for the whole process. The same partner conducts the case from filing the claim to enforcement, with no handover to another lawyer.
Readiness for the next instance. If the opponent appeals, you already have a prepared legal position and an understanding of the next steps.
Related
Frequently asked questions
Must the client attend hearings in person?+
No. We represent the client independently under a power of attorney, and personal attendance is rarely required.
Can court costs be recovered from the losing party?+
Yes, within reasonable limits. Representation costs, the state duty and part of other expenses can be recovered at the end of the case.
What if the case has already been started by another lawyer?+
We can join at any stage: we study the case materials and continue from the point where the case has stopped.
How many levels of court can one case go through?+
Up to four: the first instance, appeal, cassation and, in rare cases, the Supreme Court.
Is it mandatory to follow the pre-trial claim procedure before filing in the commercial court?+
For most commercial disputes, yes. The law requires a claim letter to be sent and the set period for a reply to be allowed to run, and without that the court will leave the claim unexamined even if the claim is well founded.
What affects the amount of representation costs recovered if the case is won?+
The court assesses whether the costs are reasonable and documented (the contract, acceptance certificates and payment documents), so the more transparently the legal support is documented, the better the chance of recovering most of the costs from the losing party.