Whether it is a civil lawsuit or a criminal lawsuit, many times the parties will choose to entrust a lawyer to help themselves and safeguard their legitimate interests to the maximum extent. So do you need a lawyer to go to court? Next, I will give you a brief analysis around this issue, hoping to provide some help to you.
First, do you need a lawyer to go to court?
1. You can go to court without a lawyer, and anyone is allowed to defend himself. This is allowed by law, but it is a situation to hire a lawyer in this era.
Lawyers are professionals after all. After all, they know the law better than we do. Of course, unless you are a lawyer yourself, it is more capable for them to defend you.
3, now all demand legal justice.
As I said above, this is already a situation. The court will usually ask you to hire a lawyer. Of course, civil cases are not that serious. What we are pursuing now is a harmonious society, so now civil cases emphasize mediation more.
Second, when is the best time to find a lawyer to go to court?
1, when can I get a lawyer in a civil case?
Civil cases mainly include disputes between equal subjects such as divorce, inheritance, marriage and family, real estate, property rights, contract disputes, intellectual property rights, labor and personnel disputes, tort liability, company affairs, insurance securities, etc.
(1) When you have a dispute with others and are ready to bring a lawsuit to the people's court. Finding a lawyer at the beginning of a dispute can help lawyers understand the case from the prosecution stage, investigate and collect evidence, save time, money and other costs, and improve litigation efficiency.
(2) If the people's court has accepted the dispute between you and others, you are the plaintiff or defendant of the case. Finding a lawyer at this time can also help you reduce your losses and increase your chances of winning.
2. When can I get a lawyer for an administrative case?
Administrative cases, that is, disputes between people and officials, include disputes and disputes caused by state compensation and other administrative organs exercising or not exercising their functions and powers to infringe upon the legitimate rights and interests of individuals, social organizations, company laws and others.
(1) When the government and its relevant departments should make a decision on your application, but no decision is made or the decision is illegal. At this time, looking for a lawyer can provide professional suggestions and opinions on administrative applications, better communicate with government departments and promote the adoption of administrative applications.
(2) When receiving the administrative punishment from the relevant government and its law enforcement agencies. At this time, looking for a lawyer can better understand the legitimacy and rationality of administrative punishment, correct it in time, avoid losses and safeguard rights and interests.
3. When can I get a lawyer for a criminal case?
A criminal case is a case caused by a crime, which refers to a case brought by a procuratorial organ by an individual, a unit, an enterprise as a legal person and other organizations because a crime infringes on the rights and interests of others, society and the state. Criminal cases can generally be divided into filing stage, investigation stage, prosecution stage and execution stage. Lawyers who file criminal cases can be called criminal defense lawyers.
Article 33 of the Criminal Procedure Law: In addition to exercising the right of defense, a criminal suspect or defendant may entrust one or two persons as defenders. The following persons may be entrusted as defenders:
(1) lawyers;
(2) A person recommended by a people's organization or the unit to which the criminal suspect or defendant belongs;
(3) Guardians, relatives and friends of criminal suspects and defendants.
A person who has been sentenced to punishment according to law or deprived of or restricted personal freedom shall not act as a defender.
A person who has been dismissed from public office or has his lawyer's or notary's practice certificate revoked may not act as a defender, except the guardian or near relative of the criminal suspect or defendant.
Compared with other non-lawyer defenders, criminal defense lawyers enjoy more and looser rights in handling criminal cases. For example, they can only entrust lawyers as defenders during the investigation of cases; Defense lawyers have the right to meet and communicate, the right to investigate and collect evidence, the right to read and copy files, and the right not to be monitored during the meeting. These rights enjoyed by these lawyers are more conducive to lawyers' innocent and light defense of criminal suspects.
(1) A criminal suspect or his relatives may hire a lawyer after being interrogated for the first time by the public security organ, the people's procuratorate or other statutory organs, or from the date of arrest, bail pending trial, residential surveillance, detention or arrest.
(2) In the case of public prosecution (that is, the case brought by the people's procuratorate to the court), the criminal suspect or his family may hire a lawyer as a defender from the date when the public security organ or other organs transfer the case to the people's procuratorate for examination and prosecution.
(3) In a case of private prosecution (that is, a case in which the victim or his close relatives can bring a lawsuit to the court), the defendant or his family members have the right to entrust a lawyer as a defender at any time.
Note: Cases of private prosecution include:
1. Cases handled only after filing a complaint, including cases of insult, slander, corruption, abuse and violent interference with freedom of marriage;
2. The victim has evidence to prove a minor criminal case;
3. Cases in which the victim has evidence to prove that the defendant has violated his personal and property rights and should be investigated for criminal responsibility according to law, but the public security organ or the people's procuratorate will not investigate the criminal responsibility of the defendant.
Do you need a lawyer for a lawsuit? This also requires the parties to make judgments according to their actual situation. Of course, the law does not stipulate that a lawyer must be hired in a lawsuit. After all, this involves the rights of the parties themselves, and the law should not interfere too much. I'll sort out this article for you, hoping it will help you.