Principles of work
1. A combination of scholarly and practical approaches to participation in court procedures on the basis of:
a. highly professional legal attitude: any lawyer who pretends to create a ground-breaking judicial decision upon the question at hand, must have an excellent knowledge of the respective area of law.
b. using precedents and legal arguments pertaining to analogous cases from all over the world: the highest courts of Russia increasingly refer in their judgments to international practice – for instance, the decisions of the European Court of Human Rights and even the European Court of Justice. This occurs most frequently in complex (or “precedential”) cases in which the letter of the law does not provide an unequivocal answer with regard to the issue under dispute. Therefore, the lawyers who prepare a legal position in such a case are required to make a thorough analysis of case law in international and European contexts as well. This approach makes a huge competitive advantage and creates high probability of the successful outcome of dispute.
c. efficient communication in the court-room: it does not suffice to have a well-elaborated legal position – it is no less important to successfully bring it to the judges’ minds. This is exactly the case when jurisprudence must turn to the help of applied psychology.
2. Research activities aimed at the investigation of:
- success factors of a legal position, depending on the category of dispute, the level of particular court, the existence or not of relevant precedents and other objective factors;
- impact made by precedents of international courts upon Russian court practices at all levels, and also the influence of foreign law upon the interpretations worked out by the highest courts of the Russian Federation;
- comparative merits and demerits of Russian and foreign jurisdictions in the context of protection of various businesses;
- creativity of lawyers when thinking out their position for court litigation;
- psychology of a judge and the conditions necessary for making judges susceptible to the arguments of a party to the dispute.
3. Implementation of the results of research activity in the legal practice of the Company.