1. What should the plaintiff's attorney do in civil litigation?
The work of the plaintiff's attorney in civil litigation is to look at the authorization and the case, 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 facts of the other party's prosecution or defense are distorted and other evidence related to the handling of the case.
Second, the characteristics of civil litigation
Compared with mediation and arbitration, civil litigation has the following characteristics: civil litigation is to solve disputes between equal subjects by judicial means, and the court exercises judicial power to solve civil disputes on behalf of the state. It is not only different from the people's mediation committees of mass autonomous organizations to solve disputes by mediation, but also different from the folk arbitration committees to solve disputes by arbitration.
Mandatory is an important attribute of public power. The compulsion of civil litigation is embodied in the acceptance of cases and the execution of judgments. Mediation and arbitration are based on the wishes of the parties. As long as one party is unwilling to choose the above method to solve the dispute, mediation and arbitration cannot be carried out. Civil litigation is different. As long as the plaintiff's prosecution meets the conditions stipulated in the Civil Procedure Law, the lawsuit will occur whether the defendant is willing or not. The performance of the mediation agreement outside litigation depends on the consciousness of the parties and is not mandatory. The court's decision is different. If the parties do not automatically perform the obligations specified in the effective judgment, the court may enforce them according to law.
Civil litigation is a litigation activity conducted in accordance with legal procedures. Whether it is the court, the parties or other participants in litigation, it is necessary to implement litigation in accordance with the procedures stipulated in the Civil Procedure Law. Violation of litigation procedures often leads to certain legal consequences.
If the judgment of the court is revoked by the higher court, the parties will lose the right to represent the lawsuit. The procedure of solving civil disputes outside litigation is weak, and there are no strict procedural rules for people's mediation. Although arbitration also needs to be conducted in accordance with the preset procedures, its procedures are quite flexible and the parties have greater procedural options.
When a citizen encounters a civil tort, he will usually find a full-time lawyer to complete the legal procedure in the lawsuit. Then the lawyer needs to help the client from accepting the entrustment, and help the client to collect and inform the request on his behalf in procedure, so as to protect the interests of the client.