1. Do I need a lawyer in divorce proceedings?
Divorce proceedings do not require a lawyer.
People's Republic of China (PRC) Civil Procedure Law
Article 1 19 conditions for prosecution
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.
Second, what is the role of lawyers in litigation?
1. Lawyer is familiar with the law and has rich experience in handling legal affairs. They can quickly help the parties to grasp the nature of legal relations, the focus of disputes or the main problems or obstacles faced by the parties in legal affairs, and the legal problems you may face in the future.
2. Lawyers are familiar with various procedural matters involved in arbitration or litigation, thus greatly improving the efficiency of arbitration and litigation and helping the parties to freely respond to various requirements and arrangements of judicial organs.
3. Lawyers, as the agents of the parties, will do their best to safeguard the legitimate rights and interests of the parties. They are more convenient than ordinary citizens in investigating and collecting evidence, consulting files, participating in arbitration or litigation activities, and have more rights, which is more conducive to the handling of cases or legal affairs.
4. The handling of disputes or legal affairs or legal problems faced by various parties depends on rich experience, and the lawyer's rich practice experience can bring twice the result with half the effort to the parties when dealing with these legal problems.
3. How much is the lawyer's fee?
Legal fees for litigation are illegal.
Measures for the administration of lawyers' service fees
Article 3 Fees for lawyers' services shall follow the principles of openness, fairness, voluntary compensation and good faith.
Law firms should facilitate the people, strengthen internal management, reduce service costs, and provide convenient and high-quality legal services for clients.
Article 4 The fees for lawyers' services shall be guided by the government and regulated by the market.
Article 5 A law firm shall provide the following legal services in accordance with the law, and implement the government-guided price:
(1) Acting as an agent in civil litigation cases;
(2) Acting as an agent in administrative litigation cases;
(3) Acting as an agent for state compensation cases;
(four) to provide legal advice to criminal suspects in criminal cases, to represent complaints and accusations, to apply for bail pending trial, and to act as the defendant's defender, private prosecutor or agent ad litem of the victim;
(5) Acting as an agent for appeals in various litigation cases.
The fees charged by law firms for providing other legal services shall be subject to market-regulated prices.
Article 6 The benchmark price and fluctuation range of government-guided prices shall be formulated by the competent price departments of the people's governments of all provinces, autonomous regions and municipalities directly under the Central Government in conjunction with the judicial administrative departments at the same level.
Article 7 The government shall extensively listen to the opinions of all sectors of society when formulating the charging standards for lawyers' services, and may hold hearings when necessary.
Article 8
The government should fully consider the local economic development level, social affordability and the long-term development of the lawyer industry, and determine the charging standard according to the average compensation cost of lawyer services, plus reasonable profits and statutory taxes.
Article 9 The fees for lawyer services subject to market-regulated prices shall be determined by the law firm through consultation with the clients.
The following main factors shall be considered when a law firm negotiates the fees for lawyer services with its clients:
Working hours spent;
(two) the difficulty of legal affairs;
(3) the client's affordability;
(4) Risks and responsibilities that lawyers may bear;
(5) The lawyer's social reputation and working level.
The reason why the relationship between husband and wife broke down and the people's court did not file a case was definitely not because it did not invite a lawyer. However, if the divorce case is complicated, especially if the two sides have great differences in the division of husband and wife's property, they need to hire a lawyer.