1. Is it necessary to hire a lawyer to win the case in the first instance and win the case in the second instance?
Whether it is necessary to hire a lawyer in the second instance depends on the actual situation of the case and is decided by the parties through consultation. There is no mandatory provision by law. If the legal relationship is clear and the object of the dispute is not big, you don't need to hire a lawyer, but it is best to have a lawyer to deal with the complicated application of the law.
If the subject matter of the dispute is big and the legal key is complicated, it is best to have a lawyer. The parties have certain legal knowledge and can handle it without asking a lawyer. The second instance, also known as the appeal trial procedure, is the steps and methods that the people's court of second instance should follow when trying the facts and applicable laws determined by the judgments and rulings of the people's court of first instance that have not yet taken legal effect according to the appellant's appeal.
Two, civil cases can be appealed many times.
As long as the judgment has no legal effect, there is no limit on the number of appeals, but it still needs to be in line with China's two-instance final review system.
According to the relevant provisions of the Civil Procedure Law of People's Republic of China (PRC):
Article 164 stipulates that if a party refuses to accept the judgment of the local people's court of first instance, he has the right to appeal to the people's court at the next higher level within 15 days from the date of service of the judgment.
If a party refuses to accept the ruling of the local people's court of first instance, he has the right to appeal to the people's court at the next higher level within 10 days from the date when the ruling is served.
The people's court of second instance may try an appeal case in its own court, or in the place where the case occurred or where the people's court that originally tried it is located.
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.
Article 207 stipulates that in a case retried by a people's court in accordance with the procedure of trial supervision, a legally effective judgment or ruling shall be made by the court of first instance, and the trial shall be conducted in accordance with the procedure of first instance, and the parties concerned may appeal against the judgment or ruling made; A legally effective judgment or ruling shall be made by the court of second instance and tried in accordance with the procedure of second instance. The judgment or ruling made is a legally effective judgment or ruling; If a people's court at a higher level brings a lawsuit in accordance with the procedure of trial supervision, it shall try it in accordance with the procedure of second instance, and the judgment or ruling made shall become legally effective.
After the court of first instance has made a judgment or ruling on a civil case according to law, if a party refuses to accept the judgment or ruling, he may appeal to the people's court at the next higher level within a specified time limit. At this time, the appeal period against the judgment is 15 days, but lawyers are generally required to identify the relevant situation and provide legal services.