Can a Lawyer Act as Both Attorney and Representative in a Traffic Accident Case?

Question from Travis, Can a Lawyer Act as Both Attorney and Representative in a Traffic Accident Case?

Answer from AI:

In general, the Brazilian Civil Procedure Code (Código de Processo Civil – CPC) establishes that a lawyer cannot act as both attorney and representative (preposto) in the same case. This is because the roles of attorney and representative have different responsibilities and functions in a legal proceeding.

Roles of Attorney and Representative

The attorney is the legal professional who represents the interests of a party in a lawsuit, while the representative is a person who represents the company in a conciliation hearing. The representative does not need to be a lawyer, but must have knowledge of the facts of the case.

Substitution of Powers

In the situation described, where the representative could not attend the hearing due to mechanical problems with his truck, the lawyer who was already appointed in the case had to act as representative. However, this is not in accordance with the CPC. To regularize the situation, a substitution of powers (substabelecimento) without reservation of powers should be requested. This means that another lawyer should be appointed to take over the case, while the original lawyer acts as representative.

Steps to Request Substitution of Powers

To request a substitution of powers, the following steps should generally be taken:

1. Prepare a petition explaining the situation and requesting the substitution of powers.
2. Attach a copy of the power of attorney (procuração) granting powers to the new lawyer.
3. Submit the petition and the power of attorney to the court.

It’s important to note that this is a general explanation and the specific procedures may vary depending on the court and the circumstances of the case. Therefore, it’s recommended to consult with a legal professional for personalized advice.

Legal References

The relevant laws and regulations for this situation can be found in the Brazilian Civil Procedure Code. Specifically, Article 75 of the CPC states that a party may be represented in court by a lawyer with powers to act in the case.

Please note: This information is intended to provide a general understanding of the law. It should not be construed as legal advice. Always consult with a legal professional for advice on your specific situation.