However, certain conditions need to be met, such as obtaining a lawyer's qualification certificate and obtaining a lawyer's practice certificate through the examination of the Bar Association and the Municipal Bureau of Justice.
Civil litigation is divided into the following processes:
1. Case acceptance: After the parties file a lawsuit with the people's court, the court will review the legality of the litigation request and whether it meets the litigation conditions. Those who meet the conditions shall be accepted;
2. Filing a case for mediation: After accepting the case, the court will file a case according to law and inform the defendant of the right of reply. In this process, the court will also try to mediate disputes between the parties. If the mediation is successful, the case does not need to continue;
3. Proof and cross-examination: If the mediation is unsuccessful, the court will ask the parties to submit evidence for proof and cross-examination. At this stage, the parties need to submit relevant evidence to prove that their claims are correct;
4. Trial judgment: After the evidence and cross-examination are completed, the court will arrange a trial, listen to the statements and debates of the parties, further investigate the facts, and finally make a judgment. If a party refuses to accept the judgment, he may appeal;
5. Execution: When the judgment comes into effect, the sentenced person shall execute the judgment; If not, he can apply to the court for compulsory execution to protect the legitimate rights and interests of the applicant.
Litigation needs to meet the following conditions:
1. litigants have litigation rights: litigants refer to natural persons, legal persons or other organizations that have the right to file lawsuits or be sued. The litigant must have the right to appeal, that is, according to the law, he can bring a lawsuit or be sued;
2. Litigation request has legal basis and legitimacy: Litigation request refers to the specific content that litigants request the court to protect their legitimate rights and interests. The litigation request must have legal basis and legitimacy, that is, it conforms to the legal provisions and social public order and good customs;
3. Clear litigation request: The litigation request must be clear and specific, and there can be no ambiguity and uncertainty. Otherwise, the court will not be able to make a clear judgment or ruling;
4. Litigation claims do not fall within the scope of non-acceptance by the court: according to the law, the court has a certain scope of non-acceptance, such as trial jurisdiction and limitation of action. The claim must be accepted by the court, otherwise the court will not accept it.
To sum up, when changing lawyers, we should abide by the legal provisions and professional norms of lawyers to ensure that the legitimate rights and interests of the parties are fully protected.
Legal basis:
Article 28 of the Lawyers Law of People's Republic of China (PRC)
Lawyers can engage in the following businesses:
(a) to accept the entrustment of natural persons, legal persons or other organizations as legal advisers;
(two) to accept the entrustment of the parties in civil cases and administrative cases, to act as agents and to participate in litigation;
(3) Accepting the entrustment of criminal suspects and defendants in criminal cases or legal aid agencies to act as defenders according to law, accepting the entrustment of private prosecutors in private prosecution cases, victims in public prosecution cases or their close relatives to participate in litigation as agents;
(four) to accept the entrustment and represent the complaints of various litigation cases;
(five) to accept the entrustment and participate in mediation and arbitration activities;
(6) Accepting entrustment to provide non-litigation legal services;
(seven) to answer questions about the law and write litigation documents and other documents related to legal affairs.