1. What's the difference between asking a lawyer to write a complaint and writing it yourself?
The complaint written by the lawyer is more professional. There is no need to hire a lawyer. The subject of civil litigation, namely litigants, includes plaintiff and defendant, third party and litigant. The plaintiff refers to the person who brings a lawsuit.
The indictment can be written by yourself or by a lawyer. The prosecution shall submit a complaint to the people's court, and submit copies according to the number of defendants. If it is really difficult to write a complaint, it can be made orally, which will be recorded by the people's court and the other party will be informed.
The defendant refers to the person sued by the plaintiff. The role of lawyers is twofold:
1. If you don't understand the substantive legal provisions and related litigation procedures involved in the case, you can save a lot of trouble in finding a lawyer, and more importantly, you can protect your legitimate rights and interests to the maximum extent;
2. If you don't have time to handle litigation affairs, you can also entrust a lawyer to represent you; If you can do the above two things, you don't need a lawyer. Oh, I forgot, some people think that they have no face without a lawyer, and they will find a lawyer.
Second, the benefits of hiring a lawyer in civil litigation.
1. In civil litigation, lawyers can write complaints, provide evidence and defend for the parties, provide legal and regulatory help for the parties, strive for greater legitimate interests for the parties according to laws and regulations, and minimize the losses of the parties.
2. In criminal proceedings, after accepting the entrustment of the defendant, the lawyer gets in touch with the investigation organ, learns from the investigation organ about the charges charged by the criminal suspect, and puts forward specific requirements for meeting the criminal suspect in time; When a lawyer meets a criminal suspect, he can ask him about the case;
3. Lawyers provide legal advice to criminal suspects when meeting them; To apply for bail pending trial for a criminal suspect, a lawyer may apply for bail pending trial for a criminal suspect if he believes that the detained criminal suspect meets the conditions for bail pending trial after learning from the investigation organ about the alleged charges of the criminal suspect and meeting with the criminal suspect; Acting as an agent for complaints and accusations.
4. According to the charges accused by the criminal suspect and the information obtained from the criminal suspect, a lawyer may accept the entrustment of the criminal suspect to lodge a complaint with the relevant authorities on his behalf and demand correction.
Third, after hiring a lawyer, should the lawyer file a case or should I file a case?
First of all, filing a case needs to comply with relevant laws and regulations, or private prosecution in civil or criminal cases;
Secondly, the parties can entrust a lawyer to file a case on their behalf, but the procedures such as power of attorney should be improved;
Finally, in order to prevent false litigation, individual courts emphasize that the parties must file a case in the court. For example, the individual district courts in my city must appear in person to file a case. Of course, most of them are unnecessary.
Legal basis: People's Republic of China (PRC) Civil Procedure Law.
Article 6 The judicial power of civil cases shall be exercised by the people's courts.
The people's courts try civil cases independently in accordance with the law and are not subject to interference by administrative organs, social organizations or individuals.
Article 119 A prosecution must meet the following conditions:
(1) The plaintiff is a citizen, legal person and other organization that has a direct interest in the case;
(2) Having a clear defendant;
(3) Having specific requests, facts and reasons;
(4) It falls within the scope of civil litigation accepted by the people's court and is under the jurisdiction of the sued people's court.
Article 123 The people's court shall guarantee the right of prosecution enjoyed by the parties according to law.
A lawsuit that conforms to Article 119 of this Law must be accepted. Those who meet the conditions for prosecution shall file a case within seven days and notify the parties concerned; If it does not meet the conditions for prosecution, it shall make a ruling within seven days and refuse to accept it; If the plaintiff refuses to accept the ruling, he can appeal.