1. Establishing an entrustment relationship: the parties need to find a suitable lawyer, submit an entrustment to the lawyer, sign an entrustment contract, and specify the agency term, expenses, responsibilities and other matters;
2. Preparation materials: lawyers need to check the materials provided by the parties, such as complaints, evidence materials and relevant legal documents, to ensure that the materials are complete, legal and effective;
3. Planning litigation strategy: lawyers need to formulate the best litigation strategy according to the actual situation of the case and legal provisions, including the mode of prosecution, litigation request, evidence declaration, etc.
4. Litigation: After full preparation, the lawyer will file a lawsuit with the people's court with jurisdiction in accordance with legal procedures, and submit a complaint and evidence materials. , and pay the litigation costs;
5. Pre-trial preparation: lawyers need to prepare defense materials, evidence materials and defense opinions. Fully communicate and prepare with the parties before the trial;
6. Trial agent: lawyers need to defend, cross-examine and plead on behalf of the parties in the trial to safeguard the legitimate rights and interests of the parties;
7. Judgment execution: If the case is successful, the lawyer needs to assist the parties to execute the judgment to ensure that the legitimate rights and interests of the parties are effectively protected.
Conditions for lawyers to represent civil cases:
1, with lawyer's practice qualification: a lawyer representing a civil case needs to have lawyer's practice qualification, that is, a lawyer who has passed the judicial examination and obtained a lawyer's practice certificate;
2. Types of cases accepted: Lawyers representing civil cases need to accept cases within the scope of lawyers' practice, such as contract disputes, tort liability, marriage and family, etc.
3. Relationship between lawyer and client: A lawyer representing a civil case needs to have a legal relationship with the client, for example, the client hires a lawyer to represent him, and the court appoints a lawyer to represent him.
4. Obtain a power of attorney from a lawyer: A lawyer representing a civil case needs to obtain the authorization of the parties or the designation of the court, that is, the power of attorney of the lawyer.
To sum up, lawyers who represent civil cases need to have relevant professional knowledge and experience, and at the same time, they need to abide by relevant laws and regulations and ethics to ensure that the agency behavior is legal and compliant.
Legal basis:
Article 125 of the Civil Procedure Law of People's Republic of China (PRC)
Where mediation is applied to a civil dispute brought by a party to a people's court, mediation shall be conducted first, unless the party refuses to mediate.
Article 126
The people's court shall guarantee the right of prosecution enjoyed by the parties according to law. Litigation that conforms to the provisions of Article 122 of this Law must be accepted. Those who meet the conditions for prosecution shall file a case within seven days and notify the parties concerned; If it does not meet the conditions for prosecution, it shall make a ruling within seven days and refuse to accept it; If the plaintiff refuses to accept the ruling, he can appeal.