Whether to hire a lawyer is up to the parties. The law does not stipulate that litigation must be represented by a lawyer. Whether in civil, administrative or criminal proceedings, entrusting a lawyer is the litigation right of the parties. Since it is a right, the parties may or may not exercise it, so as long as the parties feel that they can handle the whole lawsuit, of course, they don't need a lawyer to go to court.
The advantages of hiring a lawyer in litigation are:
1. Lawyer is a national legal worker who has obtained the legal professional qualification through the national judicial examination. Entrusting a lawyer can make up for my lack of legal knowledge.
2. Lawyers are qualified to go to the court to check the case file and understand the case.
3. Lawyers participating in litigation can hold the letter of introduction from the law firm and the power of attorney from the client, visit relevant units and individuals, and investigate and collect evidence related to the case.
4. A lawyer can state the facts and reasons of the case on behalf of the client in court, and provide evidence and cross-examination around the litigation request. Lawyers can apply for evidence preservation, property preservation, postponement of trial and application for new witnesses to appear in court according to the needs of the case; In the stage of court debate, lawyers will use skilled legal knowledge and combine the facts found in the case to conduct court debates to effectively safeguard the legitimate rights and interests of clients.
5. When lawyers participate in litigation and find that the trend of the case deviates from the legal procedure, they can put forward corrective opinions in time. The legality of the trial procedure is the premise and basis for protecting the legitimate rights and interests of the client.
6. Lawyers can reach a settlement outside the case.
To sum up, China's laws do not stipulate that lawyers must be hired for litigation. If the parties can resolve their disputes by themselves, there is no need to hire a lawyer, but the litigation is often complicated. As professionals, lawyers can provide effective help to the parties. Lawyers are national legal workers who have obtained legal professional qualifications through the national judicial examination. Entrusting a lawyer can make up for my lack of legal knowledge.
Legal basis:
code of civil law
Article 52
The parties have the right to entrust an agent, apply for withdrawal, collect and provide evidence, debate, request mediation, file an appeal and apply for enforcement.
Measures of People's Republic of China (PRC) Municipality on the Administration of Lawyers' Service Fees
essay
Lawyers' service charges follow the principles of openness, fairness, voluntary compensation, honesty and credibility.
Law firms should facilitate the people, strengthen internal management, reduce service costs, and provide convenient and high-quality legal services for clients.