After the court's decision, the lawyer's litigation agency affairs are not finished. Under normal circumstances, if the party refuses to accept the appeal, the lawyer should also draft the appeal on his behalf; R if the judgment becomes effective and the parties apply for compulsory execution, the lawyer shall also draft the application on his behalf. Nothing else.
First of all, it is also the most fundamental factor to decide whether a lawyer should handle this case: it depends on which stage of the agreement you signed with a lawyer is to entrust a lawyer to represent the case. Generally speaking, lawyers represent cases in stages, and a lawsuit is a stage: first trial, second trial, retrial or execution. Lawyers have no obligation and responsibility to manage the subsequent development of this case without entrusting other procedures after the judgment.
Secondly, if the parties have no objection to the judgment of the case, or receive the judgment of the second instance, the judgment will take effect soon. If there is no follow-up or execution procedure, the lawyer has actually closed the case.
Third, different lawyers will have different ways to deal with the follow-up. In the course of my practice, for cases that I know cannot be executed, if I have no special requirements when handling the entrustment, I will generally not include the execution procedure in the entrustment procedures. But after I get the effective judgment, I usually start enforcement for my client for free. To ensure the enforceability of the judgment.
The responsibilities of lawyers are as follows:
1. Protect the legitimate rights and interests of customers within the scope of authorization.
2. As a criminal defender, a lawyer shall, according to the facts and laws, put forward materials and opinions to prove the innocence, light crime or reduce or exempt the criminal responsibility of the criminal suspect and defendant, and safeguard the legitimate rights and interests of the criminal suspect and defendant.
legal ground
People's Republic of China (PRC) Civil Procedure Law
Article 239 The time limit for applying for execution is two years. Where an application is made for suspension or interruption of the limitation of execution, the relevant provisions of the law on suspension or interruption of the limitation of action shall apply. The period specified in the preceding paragraph shall be counted from the last day of the performance period determined by legal documents; If the legal document stipulates that the performance shall be performed by stages, it shall be counted from the last day of each performance period; If the legal document does not stipulate the time limit for performance, it shall be counted from the date when the legal document takes effect.
People's Republic of China (PRC) Lawyers Law
Article 29 As a legal adviser, a lawyer shall, in accordance with the agreement, provide advice to the client on relevant legal issues, draft and review legal documents, participate in litigation, mediation or arbitration activities as an agent, handle other legal affairs entrusted, and safeguard the legitimate rights and interests of the client.
Article 30 A lawyer representing litigation legal affairs or non-litigation legal affairs shall safeguard the legitimate rights and interests of clients within the scope of entrustment.
Article 31 When acting as a defender, a lawyer shall, according to facts and laws, put forward materials and opinions on acquittal, lighter punishment or reduction or exemption of criminal responsibility of criminal suspects and defendants, so as to protect the litigation rights and other legitimate rights and interests of criminal suspects and defendants.
Article 32 A client may refuse his entrusted lawyer to continue to defend or represent him, and at the same time, he may entrust another lawyer to act as a defender or agent. After accepting the entrustment, a lawyer shall not refuse to defend or represent without justifiable reasons. However, if the entrusted matter is illegal, the client uses the services provided by the lawyer to engage in illegal activities, or the client deliberately conceals important facts related to the case, the lawyer has the right to refuse to defend or represent him.
Article 38 A lawyer shall keep the state secrets and business secrets he knows in his practice, and shall not disclose the privacy of his clients. Lawyers should keep confidential the relevant information and materials that their clients and others are unwilling to disclose in their practice activities. However, criminal facts and information that endanger national security, public safety and seriously endanger the personal safety of others are being prepared or implemented by the client or others.