Representation in civil and non-civil litigation

Civil litigation, representation in court

The law firm Kovács, Szabó, Szalai is a firm specialised in litigation in the field of adversarial proceedings in economic and everyday life disputes (matrimonial, property, breach of contract, in particular defective performance, including warranty, guarantee, employment, enforcement, declaratory judgments), and also represents its Clients in disputes relating to personality rights, protection of possession, administrative matters, press correction, damages and medical malpractice.

We inform our Clients – whether on the side of the defendant or the plaintiff – in detail, covering all aspects of the expected course of the litigation and possible outcomes, the established judicial practice in the given legal issue, the legal costs that may be incurred in the proceedings (expert fees, procedural fees), deadlines, and which party has the burden of proof under the relevant law and to what extent. Finally, we assess whether there is a potential possibility of reaching a settlement, and if so, under what risk factors (willingness and ability to pay, willingness to settle voluntarily), either in lieu of litigation or in order to bring the pending litigation to a successful, final and satisfactory conclusion.

In order to avoid that a detail which at first sight seems irrelevant becomes decisive, and to ensure that our statements of facts to be proved and our motions for evidence are properly and timely presented, as well as our requests for provisional measures or for ordering the preliminary taking of evidence, where appropriate, we pay particular attention to reveal the accurate historical facts, the background to the dispute and all the circumstances that may be relevant.

Our goal is, by remaining faithful to the professional credo of the Law Firm, to act against the opposing party as quickly, efficiently and – as far as possible – cost-effectively as possible, starting from the commencement of the litigation, more precisely from the joint development of the pre-litigation tactics, until the final decision, if necessary going to the highest Hungarian and European Union courts.In the area of civil litigation, the Law Firm focuses on litigation relating to damages and medical malpractice cases.

In everyday life, there are numerous situations that can give rise to a claim for damages, both in the area of breach of contract (contractual) and non-contractual (tortious) damages. The aim of damages as a civil sanction is to protect the existing property relations, i.e. to create a situation as if the event giving rise to the damage had never occurred. In any event, bringing a claim for damages before the courts requires a high level of preparation and knowledge.

Medical malpractice cases are an extremely complex part of the legal profession, given that medical expertise and specialised knowledge are essential in addition to legal representation. Having regard to that, the Law Firm works with experts with medical qualifications.

The process starts with a preliminary review of the medical documentation and consultation with medical experts, thus enabling the Law Firm to assess the legitimacy of the claim from both a legal and medical point of view, ensuring that the claim can be brought on a well-founded basis, thus preventing unnecessary expenses for the injured parties, patients or their relatives.

As in classic damages actions, in medical malpractice cases, in order to avoid lengthy litigation, the Law Firm seeks to reach an out-of-court settlement, which in the vast majority of cases results in a successful outcome for our Clients.

Claims management

The law firm Kovács, Szabó, Szalai has outstanding professional and practical knowledge also in the field of non-contentious proceedings; we have developed an effective and proven method for the quickest, smoothest and most (cost) efficient enforcement of claims. Secondly, our method is based on avoiding protracted, costly and time-consuming litigation.

In relation to claims management (settlement disputes, debt recovery), the non-contentious procedure is the notarial order for payment procedure and the enforcement procedure that can be initiated on the basis of a final order for payment and an enforceable instrument, but it can also include, of course, the initiation of a payment notice and, ultimately, the initiation of liquidation proceedings.

Our aim is to ensure the productive and continuous management of our Clients, to recover their outstanding debts, to eliminate their debts where possible, or at least to reduce them to a manageable level.

Based on our experience, only in half of the cases do the above non-contentious procedures lead to a result, whether it is a matter of voluntary performance, acknowledgement of debt, assumption of debt, or agreement between the parties; in other cases, the initiation of litigation i.e. the filing of a statement of claim or written statement of defence within a short period of time, after the legal basis and amount of the claim is disputed, i.e. the a statement of opposition against the order for payment is submitted, is unavoidable.

It is also not unusual for a particular enforcement action – which requires even more specialised legal knowledge – to become unavoidable. Typical enforcement actions are actions for the termination or limitation of enforcement and actions of replevin.

The Law Firm provides complex representation in both non-contentious claims management and cases turning into a contentious action. We emphasise that we represent not only the claimant (creditor, person seeking enforcement) but also the obligor (debtor).

Dr. Gyula Kovács Attorney At Law

A high street law firm providing legal representation to individuals, Businesses and Partnerships in Hungarian, English and French. Dr. Gyula Kovács, Attorney At Law.