During the second-instance litigation process, the main work (role) of lawyers can be summarized as follows:
1. After the first-instance judgment, the lawyer reorganized the case based on the judgment. 2. Prepare relevant materials and evidence, and defend the new evidence issued by the other party.
2. During the appeal, the second-instance defense lawyer can review the case file, meet with the defendant, and investigate and collect evidence. By meeting with the defendant, we can communicate fully and effectively and provide legal help.
3. At the request of the defendant, assist or represent the defendant in writing an appeal.
4. Provide defense opinions to the People’s Court in accordance with the law and safeguard the legitimate rights and interests of the defendant.
2. Civil cases can be appealed multiple times.
Our country implements a two-instance system, so you can generally appeal after the first instance, and the final instance is after the second instance. As long as the judgment has no legal effect, there is no limit on the number of appeals, but it still needs to comply with my country's two-instance system.
Civil Procedure Law of the People's Republic of China
Article 164 stipulates that if the party concerned is dissatisfied with the judgment of the local people's court of first instance, he or she shall have the right to file a lawsuit within 10 days from the date of delivery of the judgment. File an appeal with the People's Court at the next higher level within five days.
Parties dissatisfied with the ruling of the local people's court of first instance have the right to appeal to the higher people's court within ten days from the date of delivery of the ruling.
The second-instance People's Court may hear appeal cases in its own court, or in the place where the case occurred or where the original People's Court is located.
After the first-instance People’s Court makes a judgment on a case that has been remanded for retrial, if the parties appeal, the second-instance People’s Court shall not remand the case for retrial.
How to calculate the attorney fees for the third and second instance?
(1) Second trial stage:
1. If the case is not represented in the first instance but only in the second instance, the agency fee will be charged according to the first instance standard, and other handling fees will remain unchanged.
2. For first-instance agency, the agency fee will be charged at half of the first-instance agency fee, and other handling fees will remain unchanged.
(2) Retrial (appeal) stage:
1. If you do not represent the first instance or second instance but represent the retrial (appeal) alone, the agency fee will be charged according to the first instance standard, and other handling fees will not be charged. Change.
2. For first-instance or second-instance cases, the agency fee is half of the first-instance or second-instance fee. Other handling fees remain unchanged.
3. Arbitration cases: calculated at half of the first-instance civil and commercial case fees.
4. Case execution: Civil and commercial cases are charged according to the charging standards in the preliminary stage, and litigation and arbitration cases are charged at half of the above standards.
Law attorney fees are phased. The lawyer's job is to bring this trial and this lawsuit to an end. The first trial is over and the lawyer has completed his task. If the party appeals with the same lawyer, the second-instance lawyer's fee can be reduced by half, but it is still the full fee of the replacement lawyer. However, if both parties have an agreement (contract) with the lawyer, the fees paid will cover the first and second trials, and the lawyer cannot charge any more in the second trial.
The above is about what the second instance lawyer will do for you. The work of the second-instance lawyer includes reorganizing the case before the trial, preparing defense materials and new evidence materials; assisting the appellant in writing an appeal, and fully communicating and negotiating with the parties during the appeal process.