Is legal representation a choice or a have to?
To make it clear, we are first introducing you to the Hungarian court system.
The Hungarian court system is divided into three main tiers: the courts of first instance, the appellate courts, and the Supreme Court.
- Courts of first instance: These are the primary courts where most legal cases are heard. They include the local (járásbíróság) & district courts (kerületi bíróság) in BP, regional courts (törvényszék), and the Metropolitan Court of Budapest (Fővárosi Törvényszék). These courts handle criminal and civil cases, as well as cases involving administrative law and labor disputes.
- Appellate courts: These courts located in Budapest, Debrecen, Szeged, Pécs and Győr hear appeals from the decisions of the courts of first instance.
- Supreme Court: This is the highest court in the land; it reviews the decisions of the lower courts and determines the final outcome of appeals.
Additionally, there is a specialized court, called Alkotmánybíróság (Constitutional Court), which is responsible for interpreting the Constitution and resolving disputes involving the constitutionality of laws.
Why hiring a lawyer is necessary in Hungary’s court proceedings?
A lawyer is necessary in a court proceeding in general because they are trained professionals who learned the laws and legal procedures of their country. They can provide legal counsel and representation to their clients, helping them navigate the court system and advocating for their interests.
Whether legal representation is mandatory in the first instance in HU’s courts usually depends on the value of the case and the subject of the given lawsuit.
Although with few exceptions, engaging a lawyer before higher courts is not optional, but a right and an obligation at the same time.
For example, if you tried to communicate with the court without a licensed attorney where professional legal representation is obligatory, the court would view this communication as invalid. Due to the strict regulation, foreign lawyers without being admitted to the Hungarian Bar Association as an ügyvéd (attorney), i.e. Registered European Lawyers, cannot defend their clients’ interests in these trials either.
Overall, having a lawyer can provide professional legal guidance and support to ensure that our court process runs smoothly, and that our rights and interests are protected.
If you are in need of a lawyer, feel free to contact Dr. Balázs Ács from NZP NAGY LEGAL. Balázs and the NZP team will be happy to provide legal counsel and represent you.
The author of this article is on the list of lawyers and law firms provided by the U.S. Embassy in Hungary as a convenience to U.S. citizens and companies.