At the end of the first trial, the lawyer's power of attorney is over, and the second trial needs to pay half of the agency fee of the first trial, or there is no need to find his agent. If sentenced, he will appear in court and suggest that the court reject the appeal and uphold the original judgment.
The most fundamental factor in deciding whether a lawyer should take the case or not depends on which stage the agreement signed with the lawyer is entrusted to represent the case. If the contract does not specify all the trial procedures of the case, it is only the first instance. Generally speaking, lawyers represent cases in stages, and a lawsuit is a stage, including first instance, second instance, retrial or execution. Lawyers have no obligation and responsibility to manage the subsequent development of this case without entrusting other procedures after the judgment.
Different lawyers will have different ways to deal with follow-up. Some lawyers will defend their clients in the second instance or provide opinions for free according to the difficulty of the case or their actual situation.
legal ground
People's Republic of China (PRC) Civil Procedure Law
Article 167 After receiving the appeal, the people's court that originally tried the case shall serve a copy of the appeal to the other party within five days, and the other party shall submit a reply within fifteen days from the date of receipt. The people's court shall, within five days from the date of receiving the reply, serve a copy on the appellant. If the other party fails to submit the defense, it will not affect the trial of the people's court.
After receiving the appeal and defense, the people's court of first instance shall submit it to the people's court of second instance together with all the files and evidence within five days. Article 170 After hearing an appeal case, the people's court of second instance shall handle it separately according to the following circumstances:
(a) the original judgment or ruling found that the facts were clear and the applicable law was correct, and the judgment or ruling rejected the appeal and upheld the original judgment or ruling;
(two) the original judgment or ruling found that the facts were wrong or the applicable law was wrong, and the judgment was revised, revoked or changed according to law;
(3) If the basic facts of the original judgment are unclear, the original judgment shall be revoked and sent back to the people's court that originally tried for retrial, or the judgment shall be revised after the facts are ascertained;
(4) If the parties concerned are omitted from the original judgment, or the judgment by default is illegal and seriously violates legal procedures, the original judgment shall be revoked and sent back to the people's court that originally tried the case for retrial.
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.