Generally speaking, litigation is a long and arduous process, ranging from tens of days to months or even years. We should make full preparations before suing. Although I have been a lawyer for ten years, I still advocate that if the problem can be solved through coordination or other proper channels, try not to solve it through litigation. In fact, in general life, unless there are great disputes or sharp contradictions, many things can be solved through coordination. Solving problems through coordination saves time and effort and has low cost. If it is a neighborhood relationship, it will not hurt harmony. Sometimes the result of solving problems through coordination is even faster, better and more economical than that of litigation, which is a good way for the parties to solve contradictions. Of course, if we can't solve the dispute through coordination or other appropriate channels, then we must sue. Litigation, for anyone, has certain risks, some are bigger, some are smaller, some are whether the case can be won, and some are whether the judgment or mediation can be successfully implemented after winning the case. If you are unwilling to take these risks, I think you should try to consider other channels, or simply give up the lawsuit.
Second, prepare time, money and energy.
As mentioned above, the litigation is time-consuming and laborious, and it is sometimes difficult to ensure the satisfactory outcome of the litigation because the litigants sometimes have to go to other places for investigation and evidence collection and appear in court many times, and they also have to pay the fees for lawyers to represent and handle business trips. As we all know, even former US President Bill Clinton has to hire a lawyer in the lawsuit and finally pay a high lawyer fee (of course, the lawyer fee in the United States is relatively high). But compared with the income of ordinary people, no matter which country or region, the lawyer's fee is relatively high. After all, lawyers are professionals, and it is not easy for lawyers to obtain corresponding qualifications, and it takes a lot of time and energy to conduct litigation.
Third, the preparation of evidence.
As a plaintiff, if you want to win the case, there is not enough evidence to support it except for legitimate litigation reasons. Even if the case is well-founded and well-founded, the final result may not be as you wish. We must abandon the old idea that if the judge or the other party in court has doubts about the evidence they present, they will always ask: Why don't you investigate? ! To know "who advocates who gives evidence", the judge only examines the evidence submitted by all parties and judges the case in a neutral way. If the other party raises reasonable doubts about the evidence submitted by itself, but he can't make a reasonable explanation for the reasonable doubts of the other party or supplement and submit sufficient evidence, then the consequences of losing the case are not impossible. Sufficient and powerful evidence is the foundation of winning the case. As for what kind of evidence to submit and how much evidence to submit is sufficient, it should be decided according to the actual case of the prosecution. If you don't have professional knowledge or rich litigation experience, it is essential to hire an excellent lawyer to represent the litigation if you want to handle the litigation well and get satisfactory results.
Fourth, how to hire excellent lawyers.
First of all, you should make sure that you want to hire a real lawyer, not a "black lawyer" in society or a "legal worker" who has not obtained the qualification to practice as a lawyer. Secondly, you must go to the law firm to hire a real lawyer. According to the provisions of China's Lawyers Law, a law firm is a legal institution for lawyers to practice. What needs to be reminded to friends here is that some people can't tell the difference between a "law firm" and a "legal service office". The legal service office is an institution that provides simple legal advice or simple case agency for the grassroots. There will be no lawyers in the legal service office, and real lawyers will not practice in the legal service office, or the legal service office cannot hire lawyers. At present, it is not uncommon for some people in legal service offices to call themselves lawyers by taking advantage of the lack of legal knowledge of ordinary people. So remind friends that they must go to a law firm to hire a lawyer, and don't be cheated by others. Third, as far as lawyers are concerned, not every lawyer is proficient in all cases or legal categories. Laws are profound and varied. Lawyers cannot be proficient in all types of cases, just as a good physician is not necessarily a good surgeon. Before hiring a lawyer, you'd better investigate the qualifications of the lawyer you want to hire and what his business scope is good at. For the type of case you want to sue, finding a lawyer with rich litigation experience and strong sense of responsibility will undoubtedly be your effective helper.
Don't have unrealistic illusions about lawyers.
Our ordinary people's impression of lawyers often begins with the plot of movies or TV, especially the influence of some Hong Kong movies and TV. In those dramatic plots, in some cases, it is obvious that the parties killed people. After the lawyer's wonderful defense, the client was even acquitted in court! Please note that it is a movie or TV, not reality! There are similar situations in reality, but that is very rare. Movies and television are not attractive to the audience. Who will watch it? Furthermore, we can imagine that if things always end like this, then after killing people, they can get a lawyer to defend them, and everyone can kill people at will, right? What kind of society will this society be? Of course, when I say don't have illusions about lawyers, I don't mean that lawyers are useless, but I mean don't expect too much from lawyers just because you have hired excellent lawyers. Lawyers should also base their cases on facts and take the law as the criterion. Without proper reasons and sufficient evidence, everything is empty talk. Finally, if you have made all the above preparations, then draft a complaint with the help of a lawyer, choose the right court and go to court for prosecution?
What is the appeal process?
The litigation procedure is stipulated by law, and it is a series of very serious and rigorous litigation behaviors. The following points are briefly introduced:
1, write a complaint
Civil indictment is an important legal document to start litigation procedure. Appropriate litigation requests, statements of facts and reasons and legal basis are all important factors that determine the success or failure of litigation. Therefore, writing a complaint should be well conceived and designed, otherwise it will not only affect the outcome of the lawsuit, but also sometimes cause the loss of expenses.
Step 2 file a case
First choose the court with jurisdiction, and then submit the complaint, evidence and other related materials. After receiving the notice of court acceptance, wait for the court summons to inform the court to open the session.
Step 3: hold a court session
The trial procedure mainly includes court investigation and court debate. Proof and cross-examination in the court investigation stage are highly professional litigation actions. The debate stage is the time to fully explain the factual reasons and legal basis for supporting your own claims. Its purpose is to convince the judge and the other party to admit their views. Wait for the court's decision after the debate.
Step 4 judge
The job of the court is to make a judgment after the trial. After receiving the judgment, if the party refuses to accept the judgment, he should appeal in time and start the second instance procedure. Otherwise, the judgment of first instance will take effect, and the disputes between the two parties will be executed according to the judgment.
Step 5 perform
After the judgment comes into effect, if one party refuses to perform its obligations voluntarily within the time limit determined by the judgment, the other party shall apply to the court for execution in time. If the court refuses to perform the judgment, it may take measures of detention and fine, and if the circumstances are serious, it may be investigated for criminal responsibility.
The above are just a few main links in the litigation process. There are still many behaviors that need to be paid attention to in the whole litigation process, such as time limit for proof, counterclaim, application for expert appraisal and witness appearing in court. These details are very important. The phrase "details determine success or failure" is very appropriate in litigation.
What problems should lawyers pay attention to in litigation?
(1) Is he a lawyer?
The purpose of determining the identity of a lawyer is to ensure that you get truly professional legal services, but to do this, you don't have to really check his documents, as long as you pass them; Legally registered law firms should have no problem in hiring lawyers. It's no trouble at all, and it's very effective.
(2) Has he received any professional legal training?
Behind this question, what you should actually care about is the lawyer's attainments in legal theory and his understanding of the legal spirit. Sometimes, this is more important than experience. Professional training and continuous learning help to cultivate lawyers' legal literacy, and if you really lack the judgment basis in this respect, academic qualifications are also a good standard. Although this is unfair to many lawyers, it is at least simple and practical for you.
(3) What is his past work experience?
The lawyer's working experience will make him more familiar with the working procedures and personnel in a specific field, which may be helpful to solve your problem. More importantly, by understanding his past work performance and how much he has achieved, he can also reflect his performance in his current job. A person who has accomplished nothing in all walks of life may not be able to get along in the legal profession.
(4) What is his practice experience?
The importance of practice experience depends on how complex the problem you want to solve, and a senior lawyer who has successfully handled similar problems is necessary; If it's just a small problem, give young people some opportunities.
(5) Does he have specific professional knowledge?
Your question may involve some unique and professional fields. In this case, the lawyer handling the case is required to have relevant professional ability.
(6) What are his work habits?
Good work habits are the premise of high efficiency. Look at his office, look at the arrangement of his documents, and pay attention to his grasp of time. You can get a preliminary impression of his work efficiency-and it is often accurate.
(7) Is he dedicated?
To do any work well, dedication is essential. Does he love his job? Is he engaged in occupation? Does he have confidence in himself? Or is he just trying to make money from you?
(8) What is his moral concept?
The relationship between law and morality is very close. It may be dangerous for a moral person to engage in legal work for too casual people. If you rely on such a lawyer to solve legal problems, he may even put you in danger.
(9) Does he value you and your problems?
No matter how capable this lawyer is, if he doesn't pay attention to your problems at all, or lacks due respect for you, how can you expect him to do the work you entrust him with?
What do you think of him personally?
In any case, in the process of solving a thorny problem, you will have close cooperation with your lawyer, and the time may not be short. If you don't like him at all, cooperation between you will be difficult.
Remind everyone that in daily life, it is more important to ask a high-quality lawyer to handle some lawsuits, so as to better solve them accordingly. You can consult a lawyer if you have any questions.