(1) Consultation
1, listen to the client's case.
2. Ask questions about the ambiguity of the parties in order to better understand the case.
3. Reasonably analyze the case and explain the possibility of winning the case.
(2) Accepting cases
1. Law firm case fees (different fees are charged according to different laws)
2. Acceptance and ratification. Fill in the closing approval form and report it to the leader for approval.
3, the instructions, handling quality supervision card (including the stub) to the client after a look at the signature or seal.
4. Sign the agency contract in duplicate.
5. Customer authorization
(1) The client writes the power of attorney or the lawyer drafts the power of attorney for the client, and the client signs or seals it after reading it.
(2) If the client is an individual, let him hand in a copy of his ID card; If the customer is a company, let him hand in a copy of the business license and a certificate from the legal representative.
6. charge. After the law firm collects the client's lawyer service fee, it will issue a lawyer service fee receipt to the client.
(3) handling cases.
1, making legal documents
(1) If the customer is the plaintiff, make a complaint.
(2) If the client is the defendant, make a defense.
2. Investigate and collect evidence
(1) Require the client to submit existing relevant evidence, such as documentary evidence, physical evidence, audio-visual materials, etc.
(2) lawyers investigate and collect evidence. Investigate and collect witness testimony, police transcripts and file records.
3. file a case (as a plaintiff).
(1) The agent submits the official letter, power of attorney, complaint, evidence list and relevant evidence of the law firm to the court with jurisdiction.
(2) The court shall file a case for examination, and file a case after examination, and then issue a notice of accepting the case and a notice of proof.
4. Received a notice to appear in court. In practice, some courts give notice of appearance on the day when the case is submitted, while others give notice after a certain period of time.
5. Be a surrogate.
6. Participate in the experiment.
1. The clerk shall find out whether the parties and other participants in the proceedings appear in court and announce the court discipline.
2. The presiding judge announces the hearing, checks the parties, announces the cause of action, announces the list of judges and clerks, informs the parties of their litigation rights and obligations, and asks whether the parties apply for withdrawal. If the parties do not apply for withdrawal, the court will continue to hold the session. Generally, both sides should be consulted first to see if they are willing to mediate. If both parties are willing to mediate, they will enter the mediation procedure. If you don't want to, continue the experiment. First, the plaintiff claims the claim, facts and reasons, and then the defendant pleads.
Third, the presiding judge announced that he would enter the court for investigation. The plaintiff gives evidence first, and then the defendant cross-examines. After several rounds, after the plaintiff presented the evidence, the defendant presented the evidence and the plaintiff cross-examined. After the two sides have completed the proof and cross-examination, the court investigation is over.
The evidence and cross-examination in the court investigation stage are the most important, which affects the acceptance of the court and the success or failure of the lawsuit! Therefore, the proof should be thorough, the cross-examination should be sufficient, and there should be no carelessness. As the saying goes, "details determine success or failure", it is true.
Fourth, after the court investigation, the presiding judge summarizes the focus of the dispute and then enters the stage of free debate. On the basis of court investigation, debate freely on the focus of the dispute. First of all, the plaintiff stated his reasons, and used the "three-stage theory of logic" to clarify his views and support his request. The defendant refuted the plaintiff's point of view, opposed the other party's request and safeguarded his own interests. Then, the defendant advocated his own point of view, stated the reasons, and the plaintiff refuted it. After several rounds of mutual debate, the free debate ended.
Fifth, the court debate ended and entered the final statement stage. The presiding judge shall consult the final opinions of both parties in the order of plaintiff and defendant. After the plaintiff's final statement, the defendant stated.
Sixth, the trial is over, waiting for the court to decide according to law. Mediation can be conducted before the judgment, and mediation can also be conducted. If mediation fails, make a timely judgment.
(4) When the judgment comes out, the whole lawyer's agency of first instance is over.
(five) timely filing summary.
The above is the relevant content summarized by Bian Xiao. If you still have relevant legal advice or other things you don't understand, you can call an online lawyer to answer. The expertise of a lawyer can help you.