Lawyers specialize in legal services, but most people have never been exposed to them. I don't know what the lawyer is going to do. Although lawyers can help us avoid legal risks, they also have to pay a lot of lawyer fees. So many people don't want to invite them at first, so they need to know what lawyers should do. I will give you a detailed introduction below, hoping to help you.
First, what should a lawyer do?
Lawyer's representation is one of lawyers' businesses. Refers to lawyers' agents in civil litigation, administrative litigation and criminal private prosecution cases. Broadly speaking, it also includes lawyer's mediation and arbitration activities. The duty of a lawyer's agency is to safeguard the legitimate rights and interests of the client within the scope of authority entrusted. The litigation and legal acts carried out by the agent within the scope of agency authority have the same effect as the client's own litigation and legal acts.
Generally authorized lawyers can only engage in procedural work, such as self-admission, change, abandonment of litigation request, counterclaim, mediation, etc. Without the special authorization of the client, lawyers can't deal with them; Special authorization does not have the above problems, and the agent's behavior is usually recognized as the principal's behavior, including the above-mentioned treatment of various substantive rights.
Second, the lawyer's work content in civil litigation cases
(1) As the plaintiff's lawyer, the legal affairs handled mainly include:
1. Conduct a preliminary review and analysis of the client's demands, facts, reasons and relevant evidence, ask the client to supplement the missing evidence, and conduct investigation and evidence collection by a lawyer if necessary.
2. Make a preliminary objective prediction of litigation costs, litigation trends and results, and prompt the risks in litigation. The forecast should answer the client's question: "Lawyer, can I win?"
3. Litigation planning, including the determination of litigation ideas, causes of action, claims and factual reasons; Make a decision on whether to apply for property preservation, evidence preservation and appraisal, and determine the preliminary countermeasures for the other party's possible response plan; Determine the competent court, etc.
4. Write a civil complaint, compile a catalogue of evidence, apply for property preservation, apply for evaluation or appraisal, etc. And then file a case in a court with jurisdiction.
5. Attend the trial, write and submit the proxy statement.
6. Receiving judgments, rulings and conciliation statements.
(2) As a lawyer representing the defendant, the legal affairs handled mainly include:
1. Formulate the responding strategy: according to the indictment and evidence of the plaintiff, the facts stated and the existing evidence provided, including first finding out the procedural mistakes of the plaintiff, such as the jurisdiction of the court, whether the original defendant is qualified, and whether to add the defendant or the third party. We must also look for the plaintiff's mistakes from facts and laws.
2. Sort out and collect the evidence in favor of the defendant, compile it into a book, and submit it to the court within the time limit for presenting evidence.
3. Write and submit the defense to the court.
4. Examine whether counterclaims can be filed. If necessary, it shall be put forward within the time limit for adducing evidence. 5. Attend the trial, write and submit the proxy statement.
6. Receiving judgments, rulings and conciliation statements.
(3) As a third-party lawyer, a lawyer handles legal affairs similar to those of the plaintiff or defendant.
Three, the criminal defense lawyer's agency authority
1, according to the law, the rights of criminal lawyers are. Answering legal advice, providing legal aid, filing complaints and appeals against violations of law and discipline, applying for bail pending trial, applying for non-prosecution, applying for disapproval of arrest, meeting, marking papers in procuratorates and courts, investigating and collecting evidence, applying for investigation and collecting evidence, appearing in court to defend, and assisting in complaints and accusations.
2. The agency right is the right of the act, and on this basis, the effectiveness of the act directly belongs to the principal. Agency is not a civil right, but a kind of authority, qualification or legal status. In the agency relationship, the agency right is the most important, not only the status of the agent depends on it, but also the scope of the agent's civil legal act depends on the agency right.
3. Entrusted agent, also known as "trustee". Refers to the person entrusted by the principal to exercise the agency right. An agent. The entrusted agent may be a citizen or a legal person; When the entrusted agent is a citizen, he must have the corresponding capacity for civil rights. When the entrusted agent is a legal person, the entrusted matters must conform to its business purpose and business scope. The entrusted agent may be one person or more than two persons. The former is called "single agent" or "one-person agent", and the latter is called "* * * same agent".
The above is the legal knowledge about "what lawyers should do" that I have compiled and introduced for you. Lawyer's representation can save time for the parties and avoid detours. Having professional lawyers to analyze, sort out and assist in collecting evidence can also improve the probability of winning the dispute.