Matters needing attention for plaintiff's agent:
1. litigants. When taking over a dispute case, we must first understand the subject status of the parties, and avoid taking the customer as the plaintiff and the other party who is judged by the simple concept of right and wrong as the defendant.
2. Litigation jurisdiction. Choose the court that has jurisdiction over the case to file a lawsuit. Consider reducing the unnecessary energy you spend on litigation and don't make mistakes. In some types of cases, the plaintiff may have multiple courts with jurisdiction to choose litigation, which sometimes has great influence on litigation and should be seriously considered.
3. restrictions. For the plaintiff, prescription may become the focus of dispute between the two parties, which will greatly affect the organization of evidence and even the choice of litigation strategy.
4. Write a letter of complaint. In the complaint, one of the most critical issues is the claim. How to determine the litigation request will determine the nature of the case and must be taken seriously.
Matters needing attention of the defendant's agent:
1. Plaintiff qualification. In most cases, the defendant will entrust a lawyer after receiving the notice of the court accepting the case. At this point, the court has filed a case to accept the plaintiff's lawsuit and conducted a preliminary examination of the plaintiff's subject qualification, but this does not mean that the plaintiff must be a suitable litigation subject. As the defendant's agent, we should continue to examine the plaintiff's subject qualification.
2. Program strategy. In most cases, the plaintiff will choose "home game", such as filing a lawsuit in the court of residence, in order to give play to "home advantage". At this point, the defendant's agent may raise an objection to jurisdiction according to the circumstances. If the jurisdictional objection is rejected, he can also appeal against the ruling rejecting the jurisdictional objection to match his litigation strategy.
3. Substantive strategy. Regarding the limitation of action, the defendant's agent should pay attention to examining whether the limitation of action has expired according to the plaintiff's right type; For the analysis of the basis of the claim, the defendant's agent should read the plaintiff's complaint carefully before replying, especially if the plaintiff's complaint is not clear enough, he must sum up and find the basic norms of the plaintiff's claim, then deconstruct the plaintiff's claim basis and find the basic norms of the defense (right).
4. Mediation. Although as the defendant's agent, the other party's application should be rejected as much as possible. But sometimes, the defendant does belong to the responsible party. At this time, as the defendant's agent, we can try our best to get the opportunity of mediation by means of "fighting to promote talks" and maximize the interests of the parties within the scope permitted by law.
On the evening of July 25th and 26th at 20:00, the famous teacher lecture hall invited lawyer Wei Zhensheng, global partner of PCG, to give a live lecture on "Thinking and Skills of Lawyers Representing the Original/Defendant in Litigation".
As an old driver with 28 years' experience, lawyer Wei Zhensheng will share the necessary practical skills of litigation lawyers in the live broadcast room. Opportunity is rare, come and make an appointment to watch it!
You will benefit from the two-day course:
First, the eight-step method of handling cases on behalf of the plaintiff;
Second, how to write a civil complaint;
Third, the setting skills of litigation request;
Fourth, how to improve the pre-litigation evidence;
Five, how to quickly determine the cause of action;
Six major issues that must be considered when representing the defendant;
Seven, four ways to find defense reasons;
Eight, the defendant's five major handling procedures;
Nine, the defendant's five points for attention.
In addition, the high-definition video course "16 lawyer's necessary skills in the whole process of handling cases" was launched in the lecture hall of famous legal experts. During the course *** 17 hours, lawyer Wei Zhensheng explained in detail the necessary skills of lawyers in handling litigation and non-litigation business in combination with his 28 years of practice experience.
Take this course and you will get:
First, the basic literacy and skills of qualified excellent lawyers;
Second, systematically, deeply and comprehensively sort out the skills that lawyers need in the whole process of accepting cases, handling cases and closing cases;
Third, from the perspective of representing plaintiff and defendant, we should share the basic skills and skills that lawyers should master in civil and commercial litigation and criminal litigation;
Four, specific to all practical skills such as criminal case agency, marking, meeting, evidence collection and cross-examination in civil and commercial cases.