1. What is the job of a litigation lawyer?
Entrusted by the parties, acting as an agent for various contract disputes, infringement disputes, ownership disputes, unjust enrichment and negotiorum gestio disputes in civil litigation; Accept the entrustment of the parties, handle some marriage and family disputes and inheritance disputes on their behalf, and conduct civil litigation; Accept the entrustment of the parties and act as their litigation agents to solve some controversial cases (such as voter qualification cases, publicity, etc.) that are tried by special procedures. ); Accept the entrustment of the parties concerned to handle some labor disputes, insurance disputes and bill disputes on their behalf and conduct civil litigation; Responsible for drafting litigation documents; Responsible for investigating and collecting evidence materials; Responsible for issuing legal opinions on litigation; Participate in court hearings and mediation.
legal ground
People's Republic of China (PRC) Lawyers Law
Article 28 A lawyer may engage in the following businesses: (1) Accepting the entrustment of a natural person, legal person or other organization to act as a legal adviser; (two) to accept the entrustment of the parties in civil cases and administrative cases, to act as agents and to participate in litigation; (3) Accepting the entrustment of criminal suspects and defendants in criminal cases or legal aid agencies to act as defenders according to law, accepting the entrustment of private prosecutors in private prosecution cases, victims in public prosecution cases or their close relatives to participate in litigation as agents; (four) to accept the entrustment and represent the complaints of various litigation cases; (five) to accept the entrustment and participate in mediation and arbitration activities; (6) Accepting entrustment to provide non-litigation legal services; (seven) to answer questions about the law and write litigation documents and other documents related to legal affairs.
Article 29
Lawyers, as legal advisers, should provide advice to clients on relevant legal issues, draft and review legal documents, participate in litigation, mediation or arbitration activities as agents, handle other entrusted legal affairs and safeguard the legitimate rights and interests of clients.
Article 30 A lawyer representing litigation legal affairs or non-litigation legal affairs shall safeguard the legitimate rights and interests of clients within the scope of entrustment.
Second, the difference between litigation lawyers and non-litigation lawyers
1, the business direction is different. Non-litigation lawyer, whose main business is company compliance review, ownership structure, company merger and division, merger and reorganization, listing, legal opinions, contract negotiation, etc. , is more commercial.
Litigation lawyers have a wide variety of businesses, which are mainly divided into four categories: civil, commercial, administrative and criminal. Their business fields span a large span and are highly differentiated, and it is difficult to integrate with each other. Therefore, litigation lawyers generally only focus on a certain type of business, and it is difficult to take care of both, and it is even more difficult to get straight A.
2. The main battlefield is different. The main battlefield of litigation lawyers is the court, and their opponents include not only lawyers, but also judges and parties. The choice of litigation ideas and strategies has a far-reaching impact on the outcome of litigation, and the main result is the court's judgment or mediation.
Non-litigation lawyers basically do not appear in court. Their main battlefields are in offices and conference rooms, attending various meetings, discussing and studying, looking up various materials and modifying various documents. The results of their work are all kinds of copywriting, legal opinions and agreements.
3. Different professional requirements. Litigation lawyers, whose legal relationship is relatively simple, the opinions of the parties in litigation are contradictory, and their improvisation and evidence analysis skills are high, require extremely high professional level, theoretical basis, oral expression ability and on-site response ability.
The lawyer's personal ability has a great relationship with the outcome of the lawsuit, which is more suitable for a single lawyer to fight alone or two lawyers to cooperate, not suitable for the confrontation of lawyers and not suitable for the integrated operation of the company.
Rather than litigation lawyers, the work content is complex and huge, with obvious procedural and modularity, which requires high writing ability and relatively low theoretical level. Lawyers usually work as a team, perform their duties, carry out assembly line operations, and have obvious characteristics of teamwork.
The above is the relevant content of what litigation lawyer's job is. The main work of litigation lawyers is to draft litigation documents, investigate and collect evidence materials, express legal opinions on the litigation process, participate in court trials and mediation, and so on. If you have any other questions, please visit our website for free online consultation.