Whether it is necessary to invite legal personnel to engage in litigation has always been controversial. Some people think that inviting legal personnel can alleviate the troubles of the parties and better safeguard their legitimate interests. Others feel that it is absolutely unnecessary for legal personnel to go to court, because many cases can be handled by the parties themselves. Do I have to find a legal person in a lawsuit? Ok, I'll introduce it to you right away.
Do I have to hire a legal person to go to court?
1, those with few disputes can be represented by legal personnel.
Good books believe that there are indeed some cases that can be won without asking legal personnel to represent them. However, not asking a legal person to act as an agent does not mean that professional guidance from a legal person is not needed. A good book has a client who owes him a sum of money and gives him an iou. The IOU is clear and comprehensive, with accurate name, ID number, date of arrears, signature, amount, etc. I thought that with such "hard evidence", I would be able to win the banner and succeed immediately without asking the legal personnel, but the fact is just the opposite.
What is the reason?
Look at the obstacles he encountered and you will know the answer. The first obstacle is the issue of litigation jurisdiction. He borrowed money from Beijing and lived in Beijing for a long time, but the other party's household registration is from other places. Although he lived in Beijing for a long time, he couldn't get in touch with him after he didn't have a fixed residence. The people's court claims that the plaintiff has jurisdiction over the defendant according to the lawsuit, which is not adopted. As a last resort, he had to sue at the other party's domicile, but at this time, because the statute of limitations had passed for two years, the other party still did not appear in court after being summoned by the court, and the people's court decided to dismiss his lawsuit on the grounds that it exceeded the statute of limitations.
If he had asked the relevant legal personnel for guidance earlier, these things would not have happened. Although some cases are not serious in essence, they must be treated with caution in procedure, because the parties are not legal experts and have no idea of these problems at all, which is caused by their lack of relevant professional knowledge. Therefore, even if some cases are not complicated, it is essential to conduct litigation under the guidance of professional legal personnel.
In most cases, it is definitely a loss to be represented by legal personnel.
Even seemingly simple arrears disputes, with IOUs or IOUs, often have a lot of troubles to solve. For example, the debtor's identity information (date of birth, domicile, address, contact telephone number) is unclear, the litigation jurisdiction, the limitation of litigation, the vague meaning of IOUs (IOUs, IOUs), the borrower's pen name, previous name or pseudonym, the definition of civil arrears and criminal fraud, the prosecution of a borrower or two couples, property preservation or compulsory prior assessment, etc.
Most of the above problems cannot be solved and handled by the parties themselves. The seemingly simple and easy arrears dispute is still the case, and other legal disputes with more complicated legal relations will make the parties more at a loss. On some legal issues, there are still different opinions among legal personnel, judges are still completely different, and jurists are still red-faced, but often the parties who don't understand the law feel very "justified". Why? This is because the parties who don't understand the law only see the surface of legal events and judge the right and wrong with common sense, while legal experts use provisions and rules to analyze and judge the right and wrong without exception. The starting point and basis of the two are fundamentally different, so it is of course difficult to reach the same conclusion.
There are coarse and fine legal provisions, but fine legal provisions are the principle provisions and applicable formulas relative to each "fresh" specific case. Each formula has its applicable conditions, but in these "massive" legal provisions, it is far from being as easy as most people think because the applicable conditions are difficult to classify, the scope of application is difficult to define, the purpose and behavior are multifaceted, there are many conflicts between departmental laws, the specific amount of cases and the principles of provisions are not well quantified, and there is a legal vacuum and blank. Therefore, it is a wise choice for the parties to ask professional legal personnel to represent these cases.
It is an eternal truth that there is no class in teaching, there is specialization in technical fields, and professional people do professional things. There are 360 lines in the world, and each line has a doorway. People's knowledge and insight are limited, and there can be no "all-round" people. Therefore, if the parties want to settle the lawsuit on their own, they will definitely suffer big losses.
3. The role of legal personnel in case representation.
In the process of case representation, legal personnel can generally play the following roles: comprehensively and systematically grasp the context of the case, design a rigorous, operable and forward-looking litigation plan, investigate and collect relevant favorable evidence, draft and modify relevant legal documents on their behalf, rationally use litigation skills in the trial process, put forward rebuttal opinions against the evidence and reasons of both parties to the dispute, improvise, find and collect relevant laws and regulations, and issue detailed, reasonable, well-founded and powerful agency opinions.
Do I have to find a legal person in a lawsuit? It requires the parties to judge according to their own actual situation, but for criminal cases, I suggest that it is best to entrust legal personnel to defend.