One, the general litigation can not hire a lawyer?
Yes, you can. Lawyers themselves are litigation professionals. If they can handle their own problems, they don't need to find a lawyer. If you can't handle your own affairs, a lawyer is unqualified, except for criminal cases.
You don't need a lawyer for a lawsuit. If the evidence is complete, the facts of the case are clear, and the other party has not hired a lawyer, you don't need to hire a lawyer. In court, as long as the evidence is presented to the judge, the judge will adopt it. If the other party asks for a lawyer and the facts of the case are unclear, it is necessary to ask for a lawyer, so as to safeguard the legitimate rights and interests.
The client has the right not to hire a lawyer. You can call yourself without a lawyer. Lawyers provide services. But in most cases, litigation is a highly professional activity, and hiring a lawyer can reduce many risks. Enhance the probability of winning.
Second, the litigation process
1, write a complaint
Civil indictment is an important legal document to start litigation procedure. Appropriate litigation requests, statements of facts and reasons and legal basis are all important factors that determine the success or failure of litigation. Therefore, writing a complaint should be well conceived and designed, otherwise it will not only affect the outcome of the lawsuit, but also sometimes cause the loss of expenses.
Step 2 file a case
First choose the court with jurisdiction, and then submit the complaint, evidence and other related materials. After receiving the notice of court acceptance, wait for the court summons to inform the court to open the session.
Step 3: hold a court session
The trial procedure mainly includes court investigation and court debate. Proof and cross-examination in the court investigation stage are highly professional litigation actions. The debate stage is the time to fully explain the factual reasons and legal basis for supporting your own claims. Its purpose is to convince the judge and the other party to admit their views. Wait for the court's decision after the debate.
Step 4 judge
The job of the court is to make a judgment after the trial. After receiving the judgment, if the party refuses to accept the judgment, he should appeal in time and start the second instance procedure. Otherwise, the judgment of first instance will take effect, and the disputes between the two parties will be executed according to the judgment.
Step 5 perform
After the judgment comes into effect, if one party refuses to perform its obligations voluntarily within the time limit determined by the judgment, the other party shall apply to the court for execution in time. If the court refuses to perform the judgment, it may take measures of detention and fine, and if the circumstances are serious, it may be investigated for criminal responsibility.
To sum up, the parties should decide whether to entrust a lawyer according to their own actual situation, but according to the combination of cases tried by the court, the result of entrusting a lawyer to handle the lawsuit is better than not entrusting a lawyer to file a lawsuit. If you feel that your legal knowledge and ability are sufficient to deal with specific lawsuits, you don't need to hire a lawyer.