Q: I hired an international lawyer to support my child support case in the Country that the father resides in.

A: First of all, it is necessary to clarify which country we are talking about.

For example, in the Russian Federation there are two types of lawyers who can represent the interests of the parties in court: these are lawyers with higher legal education and lawyers included in the register of the regional chamber of Advocates with the status of an advocate.

To represent interests in court, an advocate does not need a power of attorney, it is enough only to conclude a written agreement with the client and submit to the court a special document confirming the authority, called an advocate’s order (warrant).

For a lawyer who is not an advocate to represent the interests of his client in court, he needs a power of attorney. Such a power of attorney can be issued on the territory of Russia by a notary, and outside of Russia at consular offices.

The power of attorney form is a formalized document and provides a list of powers, for example:

represent interests in all judicial, administrative and law enforcement bodies of inquiry, the prosecutor's office, and other law enforcement agencies, including in all courts of the judicial system of the Russian Federation with all rights granted by law to the applicant, plaintiff, defendant, third party, suspect …

Also, at the request of the client, the power of attorney may include the right to receive money awarded by a court decision, the right to conclude a settlement agreement, the right to waive claims, and much more.

The power of attorney is signed by the client and certified by a notary or a consular officer.

It should be noted that a power of attorney provides significantly greater powers than an advocate's order (warrant).

However, the power of attorney never prescribes the mechanism and procedure for the implementation of the powers granted.

The relationship between the client and the lawyer can be described in detail in a written agreement concluded between them. For example, the contract may specify the procedure for mandatory written approval by the client of all actions that his lawyer plans to carry out.

In conclusion, it is important to note that there is always an element of trust in the relationship between a lawyer and a client, so it is essential to search for and choose the reliable lawyer to whom you can entrust the conduct of the case.

A: Yes, it's quite common for lawyers to request a Power of Attorney (POA) in such cases, especially when clients are unable to appear in person. However, I completely understand your concerns about retaining control over key decisions. In the addendum to the POA, it's essential to specify that you reserve the right to be informed and consulted on all major decisions. Additionally, you should authorize your lawyer to act on your behalf only after obtaining your explicit consent for significant legal actions or settlements. It's also important to clarify that in many jurisdictions, agents appointed through such a power of attorney are authorized to represent clients, provide statements, and engage in legal proceedings on their behalf. However, these agents should operate under the direction and supervision of your primary lawyer, ensuring that you maintain control over key decisions throughout the legal process.

A: It is common for lawyers to request a Power of Attorney (POA) when representing a client, especially in international cases where the client cannot be physically present. However, it is important to ensure that you are comfortable with the level of authority being granted to your lawyer.

To maintain control over key decisions, you can consider adding an addendum to the POA that limits your lawyer's authority. Here are some points you may want to include:

1. Require your lawyer to consult with you and obtain your approval before making any significant decisions or agreements on your behalf.

2. Specify that your lawyer must keep you informed about the progress of the case and provide regular updates.

3. Clearly state that the POA is limited to the specific child support case and does not extend to other legal matters.

4. Include a clause that allows you to revoke the POA at any time if you feel your lawyer is not acting in your best interests.

Here's an example of how you could word the addendum:

"This Power of Attorney is granted solely for the purpose of representing [Your Name] in the child support case against [Father's Name] in [Country]. The attorney, [Lawyer's Name], is required to consult with and obtain approval from [Your Name] before making any significant decisions or agreements on their behalf. [Lawyer's Name] must keep [Your Name] informed about the progress of the case and provide regular updates. This Power of Attorney may be revoked by [Your Name] at any time if they feel that [Lawyer's Name] is not acting in their best interests."

Before signing the POA, discuss your concerns and the proposed addendum with your lawyer to ensure that they are willing to work within these parameters. If your lawyer is unwilling to accept these limitations, you may want to consider finding another lawyer who better understands and respects your needs.