First, do you need a lawyer to go to court?
Under normal circumstances, if only a civil lawsuit is filed, there is no need for a lawyer, and the parties have the right to appeal, that is, they can file a lawsuit themselves. But if you ask a lawyer to help you with your lawsuit, you can save time, and the lawyer can try his best to safeguard your interests.
(a) civil litigation, if you know the law, you don't need to hire a lawyer. Otherwise, it is recommended to hire a lawyer; Hiring a lawyer as a defender has the following three advantages:
1. Lawyers can help the parties to analyze the case, advantages and disadvantages, provide constructive opinions for the parties to make the most appropriate decision, and remind them to take effective legal measures in time. The rights and obligations of both parties to any dispute are contradictory, some are very obvious, some are hidden, some are direct and some are indirect. It is difficult for non-legal professionals to know about the relatively secret and indirect rights and obligations.
2. Lawyers can investigate and collect evidence in time according to the needs of the case, which is the basis for safeguarding the legitimate rights and interests of the parties.
3. Lawyers are familiar with litigation procedures, rules of evidence and laws and regulations, write legal documents for the parties and participate in litigation in person, which can protect the legitimate rights and interests of the parties to the greatest extent.
(2) According to Article 58 of the Civil Procedure Law of People's Republic of China (PRC), the defendant may entrust one or two people as defenders in addition to exercising the right of defense. The following persons may be entrusted as defenders:
(1) Lawyers (2) People's organizations or personnel recommended by the unit where the criminal suspect or defendant works (3) Guardians, relatives and friends of the criminal suspect or defendant.
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.
Second, what are the two types of principal-agent litigation?
Lawyer's agency litigation can be divided into general agency and special agency. General agent refers to an agent who only involves ordinary litigation and has no right to make a clear statement and decision on the substantive issues of the case. A special agent refers to an agent who makes a direct decision and makes a clear statement on the substantive issues of a case according to the special authorization of the client.
According to the different scope of authorization, lawyer's agency can be divided into general agency and special authorized agency. General agency refers to the agency that the parties only authorize lawyers to exercise procedural rights in civil proceedings, such as the right to apply for withdrawal, provide evidence, make factual statements, apply for witnesses to appear in court, argue and so on. Special authorization refers to the agency that the parties grant lawyers procedural rights and substantive rights in civil litigation. Substantive rights include the right to sue, the right to admit, abandon and change litigation claims, the right to reconciliation and withdrawal. According to Article 59 of the Civil Procedure Law, no matter whether a party entrusts a lawyer as a general agent or a special agent, the entrusted matters must be clearly stated in the Power of Attorney, not just a general authorization.
From this point of view, if it is a general civil lawsuit, you don't need to hire a lawyer when you file a lawsuit, because the parties themselves have the right to file a lawsuit, but the parties can also judge whether the case needs to hire a lawyer according to the above knowledge, because hiring a lawyer can leave us a lot of time and some unnecessary troubles.