What is the specific work of lawyer's civil litigation agency?

Civil procedure law is very important to our life, because once there is a problem in the society we live in, it is usually solved by civil procedure law. For the civil procedure law, it is sometimes necessary to conduct further trial and judgment in the court, and lawyers are needed at this time. So what is the specific work of lawyers' civil litigation agency? 1. Review the acceptance of cases. The specific steps are: 1. Understand whether the case has been accepted by the court, that is, whether the case has entered the proceedings. If the court has accepted the case, it shall make a comprehensive analysis of the case, determine the cause of action, initially form its own handling opinions, and agree with the client to sign the agency matters. If the party concerned has not brought a lawsuit, it shall examine whether the case is actionable, that is, whether it meets the conditions for prosecution stipulated in Article 108 of the Civil Procedure Law. In line with the provisions of this article, you can consider whether to accept the entrustment of the parties; For those who do not have the conditions for prosecution, the parties may be informed of the reasons and it is suggested to solve the dispute through other non-litigation channels. 2. Understand whether the case belongs to the jurisdiction and jurisdiction of the court. That is, whether the case belongs to the cause of action determined in the Provisions on Evidence in Civil Procedure and whether the court that the parties intend to sue has jurisdiction. Combined with the civil procedure law and judicial practice, the handling opinion is: (1) In accordance with the provisions of the administrative procedure law, if the case falls within the scope of administrative litigation, inform the parties to file an administrative lawsuit. For example, if you are not satisfied with the punishment for revoking the license of the industrial and commercial department, you should file an administrative lawsuit. (two) the dispute that should be handled by other organs according to law, inform the parties to apply to the relevant organs for settlement. For example, demobilized cadres implement policies. (3) If both parties reach a written arbitration agreement on contract disputes, they shall not bring a suit in a people's court, and inform the parties to apply to an arbitration institution for arbitration. (4) In a case where the judgment or ruling has come into effect, if the parties file a lawsuit again, they shall be informed to handle it as a complaint. (5) For disputes arising from labor disputes, inform the labor arbitration department to apply for arbitration first. 3, review the client's claim, whether the evidence is sufficient and reasonable, that is, whether there is a legal basis, whether the evidence is sufficient, whether it is possible to win. 4. Review whether the case is not accepted or rejected according to law or loses the chance of winning the lawsuit. In this case, explain the reasons to the parties and suggest that the parties suspend prosecution or not to prosecute. Judging from the civil procedure law and judicial interpretation, this situation mainly includes: (1) cases in which divorce and mediation are not allowed, cases in which the adoption relationship is maintained by judgment and mediation, and there are no new circumstances and new reasons, and the parties are informed that they cannot re-sue within 6 months; (2) If the party concerned exceeds the limitation period of action and there is no reason for suspension, interruption or extension, it is suggested that the party concerned should not prosecute; (3) During pregnancy, within 1 year after delivery, or within 6 months after termination of pregnancy, the woman tells the man not to file for divorce. (4) If the client's claim violates laws, regulations and social ethics, it shall refuse to accept the entrustment. Second, lawyers accept clients' entrustment and inform them of possible litigation risks. Performance: 1, after the first trial of the case, it is considered acceptable, and an entrustment contract shall be concluded with the parties to confirm the entrustment relationship. 2. Ask the parties to sign the power of attorney to determine the agency authority. The power of attorney is in triplicate, one for the client, one for the client to submit to the people's court and one for the law firm. After the power of attorney is signed, if the agency authority granted by the parties is changed or revoked, the parties shall promptly notify the people's court in writing, and the people's court shall notify the other party. 3. Inform the parties of possible litigation risks, such as litigation risk, application for appraisal risk, application for court investigation and evidence collection risk, risk of not appearing in court on time or withdrawing from court halfway without justifiable reasons, litigation risk of one party without property or execution risk of insufficient property. 3. After accepting the entrustment, the lawyer who is going to sue or respond to the lawsuit should have a thorough understanding of the facts of the case and carry out corresponding investigation activities. The main projects are: 1. Talk to the parties concerned and listen carefully to their accounts of the case. At the same time, make a transcript of the conversation, record the main points, and ask the parties to sign it after confirmation. 2. Go to the court to check the relevant materials of the case. Such as the plaintiff's complaint, the defendant's defense, the evidence of both parties and the list of evidence, the evidence investigated or appraised by the court, etc. Of course, lawyers should pay attention to the following points when marking papers: (1) Pay close attention to the evidence facts surrounding litigation claims and claims, and find out the focus of the case and the key to disputes between the two parties; (2) Review the evidence of both parties, that is, the legality, objectivity and relevance of the evidence; (3) Maintain the integrity and authenticity of the evidence; Try to use a copy, and don't touch the original easily. (4) Pay attention to confidentiality; The parties concerned shall keep confidential the facts of the case that are inappropriate or unwilling to disclose. 3, to the relevant units and individuals to investigate and collect evidence, collect all kinds of evidence materials needed for the case, and make a record of the investigation, requiring the respondent to sign after confirmation. In handling business, a lawyer thinks that the facts are unclear and the evidence is insufficient. In addition to the evidence provided by the client, he can also conduct his own investigation and collect evidence from the relevant units and individuals with a letter of introduction from the law firm, a lawyer's qualification certificate and a power of attorney. At the same time, before the investigation begins, the lawyer should inform the relevant personnel of the legal responsibility for perjury and take measures to fix the evidence as much as possible. In this process, lawyers should also pay attention to self-protection. 4. Apply to the court to collect evidence; The application for court investigation and evidence collection shall be carried out in accordance with the three situations that can be applied for court evidence collection as stipulated in Article 17 of the Provisions on Evidence in Civil Procedure; At the same time, pay attention to the time limit for applying for investigation and evidence collection in Article 19, that is, 7 days before the expiration of the time limit for providing evidence. 5. Pre-trial settlement. For those who have the hope of reconciliation, lawyers can cooperate with judges to facilitate mediation, so that both parties can consciously implement it in their later lives and resolve conflicts to the greatest extent. 6, writing all kinds of litigation documents required for litigation; After mastering the relevant facts and evidence, the attorney should write relevant legal documents according to the actual situation, including the complaint, defense, agency statement, settlement agreement, etc. (1) writing a complaint Article 109 of the Civil Procedure Law stipulates that a complaint shall be submitted to the people's court for prosecution, and copies shall be submitted according to the number of defendants. According to the provisions of Article 1 10 of the Civil Procedure Law, the complaint shall contain the following items: 1. Basic information of the parties concerned; The complaint shall specify the name, age, sex, nationality, place of origin, address, occupation and work unit of the plaintiff, defendant, legal agent and entrusted agent. If the agent ad litem is a lawyer, only the name of the lawyer and the name of the law firm where he practices shall be stated. 2. The request and the factual reasons on which it is based. 3, evidence and evidence sources, as well as the name and address of the witness. 4, the name of the people's court, the public prosecutor's signature or seal and the time of prosecution. (2) The structure of the written defense is basically the same as that of the complaint, and the content is targeted, that is, refuting and defending the contents of the plaintiff's complaint. In addition, the defense should also include the following contents under certain circumstances: (1) raise an objection to jurisdiction. If an attorney finds that the court has no jurisdiction, he shall, in accordance with the provisions of Article 38 of the Civil Procedure Law, raise it during the submission of the defense, and the people's court shall conduct a review. If the objection is established, it shall be ordered to transfer the case to the people's court with jurisdiction; If the objection is not established, the ruling shall be rejected. If a party refuses to accept the ruling, it shall file an appeal within 140 days according to the provisions of Article 140 of the Civil Procedure Law. (2) counterclaim. Counterclaim is a powerful means for the defendant to safeguard his legitimate rights and interests. The people's court hearing the counterclaim can not only protect the legitimate rights and interests of the defendant, but also promote the trial and settlement of this case. According to the provisions of Article 52 of the Civil Procedure Law, when submitting the defense, the defendant may file a counterclaim with the people's court on the plaintiff's claim. Counterclaims can be filed together in the defense, and attorneys should collect relevant evidence materials in time and file counterclaims based on facts. Article 1 13 of the Civil Procedure Law stipulates: "The people's court shall send a copy of the complaint to the defendant within five days from the date of filing the case, and the defendant shall submit a reply within six or five days from the date of receipt. If the defendant submits a defense, the people's court shall send a copy of the defense to the plaintiff within five days from the date of receipt. If the defendant does not submit a reply, it will not affect the trial of the people's court. " Therefore, lawyers should strictly abide by the time limit prescribed by law when defending on behalf of the parties. (3) Pay attention to the following questions when writing surrogates: 1. According to the specific circumstances of the case, clearly put forward the agency opinion. 2. On the basis of facts and taking the law as the criterion, discuss and support his claim in detail. The power of attorney should not only be submitted to the court in written form, but also be published by lawyers in court to win public support. Therefore, the cited evidence and legal basis must be reliable, sufficient and objective, and the argument must be logical and thorough. 3. With the proceeding of litigation, the original power of attorney should be revised and enriched in time. Therefore, the attorney should fully estimate this. In the process of issuing proxy words, he should have the ability to improvise. The writing of proxy words embodies this point, and proxy words should have enough space to absorb new situations in time and make up for the loopholes in the agency. 4. The language of proxy words should be vivid and concise. Although there are certain forms of surrogacy, it is by no means uniform. Their language should be rich, vivid and accurate, and attention should be paid to the use of rhetorical devices. (4) The main contents of writing a settlement agreement generally include: (1) basic information of both parties; (two) the cause and process of the dispute and the respective responsibilities of both parties; (3) The final result of dispute settlement, and what rights and obligations each party should enjoy. (four) the time and place of settlement and the signature or seal of both parties. Before the court session, if the parties apply for property preservation or advance payment, the lawyer shall also write an application for litigation preservation, an application for advance payment and other legal documents. When writing these legal documents, we must closely follow the relevant laws and regulations and state the conditions and necessity of the application. Iv. The agent in court (1) 1 starts the trial and applies for an extension. During the trial, the attorney-in-law finds that the parties and other participants in the proceedings who have to appear in court cannot appear in court for justified reasons and need to postpone the trial. If the collegial panel has not made a decision to postpone the trial, which may affect the protection of their clients' legitimate rights and interests, they may apply to the people's court for an adjournment. 2. Apply for withdrawal of relevant personnel. A lawyer should set out from the objective reality and explain to the parties what is withdrawal, the conditions and significance of withdrawal. If there is a factual basis to believe that a judge has a statutory withdrawal, he shall help the parties to apply to the court for withdrawal and explain the reasons. The attorney shall promptly explain to the client the negative consequences caused by the abuse of the withdrawal application, so as not to affect the smooth progress of the lawsuit. (2) The court investigated 1 and assisted the parties to state the case. In the presentation stage of the parties, if only the attorney appears in court, the lawyer will fully present the case on behalf of the client. First of all, the client should fully state the case, because the client, as a direct stakeholder in the case, has the most direct, full and detailed understanding of the case and can fully state the true situation of the case. However, due to the constraints of subjective and objective conditions such as cultural level, psychological quality and expressive ability, the client often cannot satisfactorily state the relevant case. Therefore, after his statement, a lawyer with legal knowledge and court experience should make supplementary and professional statements on relevant cases and answer the judge's questions accurately. 2. Review and verify the evidence. In practice, attorneys should do well in the following aspects: (1) guiding the trial. Although the judicial power of civil cases is exercised by the people's courts, lawyers can properly guide the trial through litigation skills. The main way for lawyers to guide the trial is cross-examination. Through direct cross-examination, the key issues in the case are highlighted, the fatal contradictions in witness testimony are exposed, and the judge's attention is attracted, so as to achieve the purpose of guiding the trial. In addition, the timely display of relevant evidence, proper arrangement of evidence sequence, proper wording and tone are all conducive to guiding the judge's attention. (2) present new evidence. Through court investigation, lawyers can learn more evidence materials. Lawyers should present these evidences in time to support their clients' claims. (3) applying for a new inquest, appraisal and investigation. In the court investigation, the attorney should pay attention to whether the relevant inquest, appraisal and investigation conclusions are comprehensive, whether there is sufficient and reliable factual basis, and whether there is any illegal situation. If it is found that there are improper circumstances that may affect the authenticity of the conclusions of the relevant inquest, appraisal and investigation, it shall promptly apply to the court for a new inquest, appraisal and investigation. (4) Add new claims. According to the new facts and evidence discovered by the court investigation, lawyers and their clients can modify their opinions and add new claims at any time. (5) Apply for property preservation or execute it first. According to the provisions of Articles 92 and 97 of the Civil Procedure Law, lawyers can apply for property preservation and pre-execution according to newly discovered relevant circumstances during the court investigation stage. (6) apply for withdrawal. Withdrawal of a lawsuit is the action of the parties to dispose of their litigation rights, not to give up their litigation rights. As long as the plaintiff does not dispose of the substantive rights, the plaintiff can still sue again. This point must be clearly explained by the lawyer to the client. According to the relevant provisions of the Civil Procedure Law, the attorney may also apply for withdrawal and postponement of the trial according to the investigation of the court. (three) the court debate should be clear about the purpose and object of the debate, closely focus on the focus of the dispute, and be rational, beneficial, restrained and not repetitive in the debate process. V. Work after recess 1. After the adjournment, the lawyer shall carefully read the court record, and if there are any omissions or errors, he shall apply for correction. 2. After the recess, the lawyer shall submit the statement of entrustment in time according to the requirements of the court. 3. After the recess, the lawyer shall handle the handover procedures with the case undertaker on the evidence presented in court. If supplementary evidence is needed, the lawyer shall submit it within the time limit specified by the court. After the recess, the lawyer will report the hearing at the regular meeting of the society. The intransitive verb works after receiving the judgment 1. Understand whether the parties have received the judgment documents, ask whether the parties need to file an appeal and start the retrial procedure; 2, according to the requirements of the parties, handle the entrustment procedures. Lawyers in the second instance and retrial refer to the first instance. 3. A lawyer may, at the request of the parties, write an appeal or defense of appeal and an application for retrial on his behalf, and submit it to the court within the statutory time limit. 4. Lawyers who did not participate in the proceedings of the first instance as agents of the second instance should get in touch with the lawyers of the first instance by consulting the case files in the court to fully understand the situation of the first instance. 5. Lawyers should do a good job in evidence recovery and collect new evidence according to the first instance. Seven. Lawyer's work in the execution procedure 1. Review cases and handle entrustment procedures. 2. After accepting the entrustment of the execution applicant, the lawyer shall apply for the execution on his behalf. 3. After the people's court accepts the application for execution, if the person subjected to execution fails to perform the obligations specified in the effective legal documents within the period specified in the notice of execution of the people's court, the lawyer may apply to the people's court for compulsory execution. 4. If the person subjected to execution transfers, conceals, sells or damages the property, the lawyer may apply to the executor for sealing up, detaining or immediately enforcing the property of the person subjected to execution. 5. If the subject of execution can be changed or added, the lawyer may apply to the people's court for changing and adding the subject of execution after obtaining the consent of the client. 6. In the execution procedure, if an outsider raises an objection, the lawyer applying for execution shall examine whether the objection is established. If a lawyer thinks that the objection cannot be established, he shall provide the people's court with the objection and reasons. 7. If the person subjected to execution is unable to pay off the debts due, but enjoys the creditor's rights due to a third party other than the case, the lawyer may apply to the people's court on his behalf with the consent of the executor, requesting the people's court to issue a notice to the third party to fulfill the debts due. 8. After accepting the entrustment of the person subjected to execution, the outsider who raised the objection to execution, and the third person whose property was executed, if the lawyer thinks that the execution is correct, he shall perform the agency duties according to the objective situation and interests of the client; If there are legal reasons to raise objections to execution, they may raise objections to the execution court, and lawyers will execute them on their behalf. 9. If the person subjected to execution is an enterprise legal person and his property is insufficient to pay off all debts, the lawyer shall ask the client whether to file a bankruptcy application. 10. If the person subjected to execution is a citizen or other organization, and all or the main property of the person subjected to execution is sealed up, detained or frozen by the court due to the effective legal documents confirming the performance of the down payment obligation, and there is no other property available for execution or other property is insufficient to pay off all debts, before the execution of the property of the person subjected to execution is completed, the applicant for execution has obtained the basis for exercising monetary creditor's rights against the person subjected to execution, and the lawyer shall apply for participating in the distribution of the property of the person subjected to execution on behalf of the client. If the person subjected to execution applies to participate in the distribution, the lawyer shall submit an application for participation in the distribution to the people's court that originally applied for execution, stating the reasons for participation in the distribution and attaching the basis for execution. The people's court that originally applied for enforcement shall refer it to the people's court that presided over the distribution. 1 1. If the application executor who participates in the distribution has the priority of compensation and the security interest in the property sealed up, detained or frozen by the people's court, the lawyer will claim the priority of compensation on his behalf. 12. If the person subjected to execution or his guarantor provides an execution guarantee to the people's court with property, and the guarantee does not conform to the relevant provisions of the Guarantee Law, the lawyer shall raise an objection to the people's court and apply to the people's court to order the person subjected to execution to provide a legal and effective guarantee. 13. During the trial of the case by the people's court, the guarantor provided a guarantee for the person subjected to execution, and the people's court failed to take preservation measures or lift the preservation measures for the property of the person subjected to execution. After the case is concluded, if the person subjected to execution has no property to execute or the property is insufficient to pay off the debts, the lawyer shall apply to the people's court for ruling on the property of the guarantor of the person subjected to execution on behalf of the applicant. 14. During the execution, the lawyer can voluntarily reach a settlement agreement with the other party according to the authorization of the client, and change the performance subject, subject matter, amount, method and time limit determined by the effective legal documents. 15. If the person subjected to execution fails to perform or fails to fully perform the settlement agreement reached by both parties during the execution, the lawyer shall, on behalf of the applicant, file an application for resuming the execution of the original effective legal document within the prescribed time limit. 16. If it is necessary to go through the formalities of property right certificate and equity transfer in the implementation process, the lawyer shall review its legality on behalf of the client. 17. The lawyer entrusted to collect the execution money shall transfer the money to the application executor as soon as possible after receiving the execution money, and shall not use it automatically without permission. Eight. Closing and filing (1) lawyers should take the initiative to get in touch with the court and get the judgment documents in time. (two) the customer service department shall urge the parties to return the case tracking card and submit the legal service report to the customer. (III) Criteria for closing a case, except in the cases specified in Article 5 of this section. 1. In the trial procedure, the case will be closed after the client signs the opinions from the date of receiving the judgment. 2. In the execution procedure, the execution is terminated under any of the following circumstances: (1) All the contents specified in the effective legal documents have been fulfilled; (two) the people's court ruled to terminate the execution; (3) the people's court ruled not to execute; (4) Both parties have reached a settlement agreement and have fulfilled it. (4) Lawyers shall properly keep the files to prevent them from being lost or stolen, and shall not circulate them to others at will. (5) Within 65,438+00 days after the case is closed, the lawyer shall write a closing report or other closing documents, sort out the files, and require the files to be complete and orderly. 1. If the client uses the services provided by a lawyer to engage in illegal activities or conceal facts, the lawyer may refuse to represent him. After collecting evidence and finding out the facts, the law firm shall notify the client to terminate the entrustment relationship, record it in the volume and sort out the files. 2. If the law firm accepts the entrustment of the client, and the named lawyer can't continue to act for objective reasons during the agency period, the client has the right to choose whether to continue the entrustment within the scope of the firm, and the law firm shall meet the requirements of the client; If the client is unwilling to continue to entrust, it shall put on record, go through relevant formalities and file it. 3. In the process of undertaking business, if the entrustment relationship is terminated in advance, a case summary shall be written to explain the reasons for terminating the entrustment relationship in advance, and the relevant procedures for terminating the entrustment relationship shall be attached and filed. The specific work of lawyer's civil litigation agency can be divided into eight aspects. Among them, lawyers are known to help us handle cases, so lawyers are very important to the case, and their main job is to help us as much as possible. Then when the case is over, the lawyer will sort out the relevant information and put it on record.