If irreconcilable contradictions occur between the two parties, they can often choose to solve them through litigation, but many people have a question in litigation. Is it necessary to hire a lawyer in litigation? I answered this question below, hoping to solve your doubts.
First, do you have to hire a lawyer to go to court?
Our country's law does not stipulate that lawyers must be hired in court. If the parties can resolve their disputes by themselves, there is no need to hire a lawyer, but the litigation is often complicated. As professionals, lawyers can provide effective help to the parties.
Second, what are the benefits of asking a lawyer to go to court?
1. Lawyer is a national legal worker who has obtained the legal professional qualification through the national judicial examination. Entrusting a lawyer can make up for my lack of legal knowledge.
2. Lawyers are qualified to go to the court to check the case file and understand the case.
3. Lawyers participating in litigation can hold the letter of introduction from the law firm and the power of attorney from the client, visit relevant units and individuals, and investigate and collect evidence related to the case.
4. A lawyer can state the facts and reasons of the case on behalf of the client in court, and provide evidence and cross-examination around the litigation request. Lawyers can apply for evidence preservation, property preservation, postponement of trial and application for new witnesses to appear in court according to the needs of the case; In the stage of court debate, lawyers will use skilled legal knowledge and combine the facts found in the case to conduct court debates to effectively safeguard the legitimate rights and interests of clients.
5. When lawyers participate in litigation and find that the trend of the case deviates from the legal procedure, they can put forward corrective opinions in time. The legality of the trial procedure is the premise and basis for protecting the legitimate rights and interests of the client.
6. Lawyers can reach a settlement outside the case.
Article 33 of the Criminal Procedure Law
A criminal suspect or defendant may entrust one or two persons as defenders in addition to exercising the right of defense by himself. The following persons may be entrusted as defenders: (1) lawyers; (2) A person recommended by a people's organization or the unit to which the criminal suspect or defendant belongs; (3) Guardians, relatives and friends of criminal suspects and defendants. A person who has been sentenced to punishment according to law or deprived of or restricted personal freedom shall not act as a defender. A person who has been dismissed from public office or has his lawyer's or notary's practice certificate revoked may not act as a defender, except the guardian or near relative of the criminal suspect or defendant.
Third, how to hire a lawyer in a lawsuit.
1, to review the qualifications.
According to the Lawyers Law, a lawyer refers to a person who has obtained a lawyer's practice certificate according to law and provides legal services to the society. A person who has not obtained a lawyer's practice certificate shall not practice in the name of a lawyer, nor shall he engage in litigation agency or defense business for the purpose of seeking economic benefits. Therefore, when looking for a lawyer, the parties must examine the qualifications of the lawyer and see if they have a lawyer's practice license.
2. Understand the organization.
A law firm is a lawyer's practice organization. Please ask the lawyer to go to the law firm to know the practice organization where the lawyer is located. Because the Lawyers Law stipulates that if a lawyer practices illegally or causes losses to his client due to his fault, his law firm shall be liable for compensation.
3. Sign the agreement.
When hiring a lawyer, a written agreement should be signed to clarify the rights and obligations of both parties. In particular, we should not take the cost of hiring a lawyer lightly. Be sure to make it clear how much the lawsuit will win or lose, and how much the first and second trials will cost respectively. We must make it clear in the agreement that we need a receipt when we pay.
4. The authorization should be clear.
Some parties fill in the power of attorney when hiring a lawyer, but the scope of authorization is not clear. I think as long as I pay the lawyer, everything will be handled by the lawyer. Therefore, some parties do not appear in court at all, do not understand the progress of the case, and the results of handling the case are not clear. Who knows, due to the legal consequences of unclear authorization, the licensor is responsible.
5. Pay carefully.
Some clients believe what lawyers say. As long as the lawyer wants money, he doesn't care. The lawsuit in the first instance was lost and the lawyer appealed. He did it one by one without thinking, paid the appeal fee and then paid the lawyer's fee. He doesn't feel bad at all. In particular, the lawyer's proposal to invite the case-handler to dinner and find someone to dredge the relationship is even more expensive, and often all the money is spent. As soon as the lawsuit was lost, Fang Da's dream woke up, he was cheated and regretted it. Therefore, the so-called activity fees demanded by lawyers, in addition to the legitimate fees that should be charged according to regulations, must be rejected.
Litigation is a very complicated matter. Although the law of our country does not clearly stipulate that lawyers must be hired, the parties can better safeguard their legitimate rights and interests by hiring lawyers.