Case acceptance means that a law firm accepts the entrustment of natural persons, legal persons and other organizations and appoints lawyers as agents. When a party requests a lawyer to represent a civil lawsuit, the lawyer shall strictly examine whether it meets the acceptance conditions. If the case meets the acceptance conditions, the law firm shall conclude an agency agreement with the client, designate a lawyer as the agent ad litem of the case, and clarify the rights and obligations of both parties during the performance of the agency agreement.
Second, the work after accepting the entrustment
1. Understand the case and collect evidence. Litigation focuses on evidence. After accepting the entrustment, lawyers should first understand the case comprehensively and carefully and collect relevant evidence. The scope of evidence collection includes evidence that can prove the correctness of prosecution or defense; Evidence that can prove that the other party's prosecution or defense distorts the facts, and other evidence related to the handling of the case.
2. Review the supervisor and jurisdiction, and review the restrictions. Whether filing a lawsuit or responding to a lawsuit, a lawyer should review the supervisor and jurisdiction from the following aspects:
(1) Whether the case falls within the scope of court acceptance;
(2) Arbitration clause, written arbitration agreement and its effect}
(3) Jurisdiction clauses and their effects;
(4) Whether it belongs to exclusive jurisdiction;
(5) Whether it belongs to special regional jurisdiction.
In addition, lawyers should also review the statute of limitations of the case to find out whether the statute of limitations has passed, and whether the statute of limitations has been interrupted, suspended or extended.
3. Prepare litigation materials. On the basis of fully grasping the case and collecting evidence, a lawyer may write a complaint or a defense.
A civil complaint is a legal document in which the plaintiff in a civil case states to the court the fact that his legal rights and interests have been infringed, clarifies the reasons for prosecution, and puts forward a lawsuit request.
Civil defense is a legal document that the defendant in a civil case answers and refutes the facts and reasons on which the plaintiff made a request in the lawsuit within the statutory time limit after receiving the copy of the plaintiff's complaint. Its purpose is to refute the other party's incorrect and illegal prosecution and defend its own behavior.
In addition, lawyers should also write proxy words, fully express their opinions and refute each other's claims in court debates.
4. Acting for property preservation. Property preservation includes pre-litigation property preservation and litigation property preservation. Pre-litigation property preservation means that when the legitimate rights and interests of interested parties will be irretrievably damaged due to emergency, they can apply to the court for property preservation before filing a lawsuit. Litigation property preservation refers to a compulsory measure to decide the property of a party according to the application of the other party or ex officio when it may be impossible or difficult to execute due to the behavior of one party or other reasons after the court accepts the case.
When applying for property preservation, you should choose the right time, otherwise you will not achieve your goal. For example, if the debtor is a foreign business owner, he can apply for property preservation at the same time as the prosecution to prevent the other party from transferring the property after receiving the complaint. If it is found in the litigation that the debtor is entangled in litigation, which may lead to the transfer of property, and its property is not enough to pay multiple creditors, it is necessary to file a lawsuit for preservation in case the judgment cannot be executed in the future.
Three. Participate in court trials
The trial generally includes the informing stage, the court investigation stage, the court debate stage, the final statement stage, the appraisal stage and the sentencing stage. However, the lawyer's agency focuses on the court investigation and court debate stage. Lawyers mainly do the following work:
1. The agent applied to quit. If the judge has an interest or other relationship with the case and cannot make a fair trial, the lawyer has the right to apply for withdrawal on behalf of the parties according to law.
2. Agency in the court investigation stage. In the court investigation stage, both parties provide evidence to the court on their own claims. Lawyers should not only clarify the probative force of the client's evidence, but also quickly analyze and judge the other party's evidence. After the cross-examination is completed, the lawyer will also answer the court questions on behalf of the client.
3. Agency in the court debate stage. In the stage of court debate, lawyers should make their own judgments and explain the reasons according to the facts investigated by the court and related procedural issues, and at the same time refute the other party's judgments and reasons, so as to provide reference for the court to make a judgment. Its purpose is to make the judge accept our view and deny the other side's view. Generally, the plaintiff's lawyer will give the agency advice first, and the defendant's lawyer will reply. After the debate, the two sides made their final statements and the court adjourned.
Four, the lawyer's agent in the trial of appeal cases
1. The case has been received. Lawyers should examine whether the case entrusted by the appellant meets the statutory appeal conditions, and only when these conditions are met can lawyers accept the entrustment. Lawyers mainly examine the following aspects: examining whether the appellant enjoys the right of appeal; Whether the appellant's appeal is within the appeal period; Whether there is any error in the judgment or ruling of the first instance, etc.
2. acting skills. In the second trial stage, the lawyer's work content is not much different from that of the first trial, but the lawyer should also carry out targeted agency activities in combination with the characteristics of the second trial procedure itself. In particular, lawyers should read the documents of the court of second instance after handling the entrustment procedures to see whether the evidence of first instance is sufficient and conclusive and whether the law is applied correctly; Whether the final evidence of the first instance has been cross-examined by the court; Whether the facts ascertained in the first instance are clear and complete, and whether there is an inevitable connection between the facts and the verdict.
V lawyer's representation in retrial procedure
Retrial procedure refers to the litigation activities in which the court considers that the written judgment, ruling and conciliation statement that have been concluded and become legally effective are indeed wrong and re-try. Retrial procedure is not a necessary procedure, but a remedial procedure.
A case applying for retrial shall meet one of the following conditions: (1) There is enough new evidence to overturn the original judgment or ruling; (two) the main evidence of the facts ascertained in the original judgment or ruling is insufficient; (three) the original judgment or ruling was wrong in applying the law; (four) in violation of legal procedures, which is enough to affect the correct judgment and ruling of the case; (5) A judge commits graft or perverts the law when trying a case.
Lawyer's agency in the execution procedure of intransitive verbs
If the obligor refuses to perform the obligations specified in the effective legal documents, the court may force the other party to perform the obligations according to the application or ex officio. The execution procedure is the last stage of civil litigation activities, and the main tasks of lawyers at this stage are: accepting entrustment and acting as an agent to apply for execution; Accept the entrustment of the person subjected to execution and act as an agent for reconciliation; Entrusted by an outsider, the agent raised an execution objection. Lawyers should pay attention to the following issues:
1. Whether the legal document applied for enforcement has come into effect;
2. Whether the legal documents applied for execution have payment contents;
3. Whether the client is a party with the right to apply;
4. Whether the agency execution matters are within the execution period stipulated by law.