In the process of second instance proceedings, the main work (role) of lawyers can be summarized as follows:
1. After the judgment of the first instance, the lawyer rearranged the case according to the judgment. 2. Prepare relevant materials and evidence, and reply to the new evidence issued by the other party.
2. During the appeal, the defense lawyer of the second instance can read the papers, meet the defendant and investigate and collect evidence. By meeting the defendant, you can communicate fully and effectively and give legal help.
3. At the request of the defendant, assist or represent the defendant in writing the appeal.
4. Put forward defense opinions to the people's court according to law, and safeguard the legitimate rights and interests of the defendant.
Two, civil cases can be appealed many times.
China implements the system of two trials and final adjudication, so it is generally possible to appeal after the first trial, and the final adjudication is after the second trial. As long as the judgment has no legal effect, there is no limit on the number of appeals, but it still needs to be in line with China's two-instance final review system.
People's Republic of China (PRC) Civil Procedure Law
Article 164 stipulates that if a party refuses to accept the judgment of the local people's court of first instance, he has the right to appeal to the people's court at the next higher level within 15 days from the date of service of the judgment.
If a party refuses to accept the ruling of the local people's court of first instance, he has the right to appeal to the people's court at the next higher level within 10 days from the date when the ruling is served.
The people's court of second instance may try an appeal case in its own court, or in the place where the case occurred or where the people's court that originally tried it is located.
After the people's court of first instance has made a judgment on the case remanded for retrial, if the parties appeal, the people's court of second instance shall not remand it for retrial again.
Third, how to calculate the lawyer's fee for the second instance?
(a) the second trial stage:
1. If the case is not represented in the first instance but only in the second instance, the agency fee will be charged according to the standard of the first instance, and other handling fees will remain unchanged.
2. For the agent of first instance, the agency fee shall be charged at half of the agency fee of first instance, and other handling fees shall remain unchanged.
(2) retrial (appeal) stage:
1. If a retrial (appeal) is conducted independently without acting as an agent for the first and second trials, the agency fee will be charged according to the standard of the first trial, and other handling fees will remain unchanged.
2 cases of first instance or second instance, the agency fee shall be charged at half of the cost of first instance or second instance. Other handling fees remain unchanged.
3. Arbitration cases: calculated according to half of the charging standard for civil and commercial cases of first instance.
4. Case execution: civil and commercial cases are charged according to the charging standard in the initial stage, and litigation and arbitration cases are charged according to half of the above standards.
The lawyer's agency fee is phased. The lawyer's task is to end this trial and this lawsuit. At the end of the first trial, the lawyer completed the task. If the parties appeal with the same lawyer, the lawyer's fee for the second instance can be halved, which is still the full cost of changing the lawyer. However, if both parties have an agreement (contract) with the lawyer, the fees paid will cover the first and second trials, and the lawyer can't charge any more at the second trial.
The above is about what the second-instance lawyer can do for you. The work of the second-instance lawyer includes reorganizing the case before the trial and preparing defense materials and new evidence materials; Assist the appellant in writing the appeal, and fully communicate and negotiate with the parties during the appeal. If you have other related questions, please consult a lawyer.