If you can entrust a lawyer to help you with your lawsuit, it is definitely advantageous, but entrusting a lawyer involves the payment of legal fees, then
Do I have to pay legal fees in advance?
Maybe many people don't understand. Let Bian Xiao give you a detailed answer.
First, do I need to pay legal fees in advance?
1, all of which are paid in advance, and are generally paid when handling the entrustment formalities;
2. What you can't win is usually the so-called "risk agency", but the risk agency may not be free at all, but the agency fee is divided into two parts, one is the basic fee, and the other is the "winning" commission.
Second, is there no lawyer who can go to court?
1, less controversial cases can be represented by lawyers.
There are indeed some cases that can be won without a lawyer. However, not asking a lawyer to represent you does not mean that you don't need professional guidance from a lawyer. For example, a customer owes him a sum of money and gives him an IOU. The IOU is clear and comprehensive, with accurate name, ID number, date of arrears, signature, amount, etc. And he thinks that with such "hard evidence", he can win without asking a lawyer at all, and he can succeed immediately, but the fact is just the opposite.
What is the reason?
Look at the obstacles he encountered and you will know the answer. The first obstacle is the issue of litigation jurisdiction. He borrowed money from Beijing and lived in Beijing for a long time, but the other party's household registration is from other places. Although he lived in Beijing for a long time, he couldn't get in touch with him after he didn't have a fixed residence. The people's court claims that the plaintiff has jurisdiction over the defendant according to the lawsuit, which is not adopted. As a last resort, he had to sue at the other party's domicile, but at this time, because the statute of limitations had passed for two years, the other party still did not appear in court after being summoned by the court, and the people's court decided to dismiss his lawsuit on the grounds that the statute of limitations had exceeded.
If he had consulted a lawyer earlier, these things would not have happened. Although some cases are not serious in essence, they must be treated with caution in procedure, because the parties are not legal experts and have no idea of these problems at all, which is caused by their lack of relevant professional knowledge. Therefore, even if some cases are not complicated, it is essential to conduct litigation under the guidance of professional lawyers.
2, the vast majority of cases without legal representation will definitely suffer.
Even seemingly simple arrears disputes, with IOUs or IOUs, often have a lot of troubles to solve. For example, the debtor's identity information (date of birth, domicile, address, contact telephone number) is unclear, the litigation jurisdiction, the limitation of litigation, the vague meaning of IOUs (IOUs, IOUs), the borrower's pen name, previous name or pseudonym, the definition of civil arrears and criminal fraud, the prosecution of a borrower or two couples, property preservation or compulsory prior assessment, etc.
Most of the above problems cannot be solved and handled by the parties themselves. The seemingly simple and easy arrears dispute is still the case, and other legal disputes with more complicated legal relations will make the parties more at a loss. On some legal issues, there are still different opinions among lawyers, judges and jurists, but often the parties who don't understand the law feel "justified". Why? This is because the parties who don't understand the law only see the surface of legal events and judge the right and wrong with common sense, while legal experts use provisions and rules to analyze and judge the right and wrong without exception. The starting point and basis of the two are fundamentally different, so it is of course difficult to reach the same conclusion.
There are coarse and fine legal provisions, but fine legal provisions are the principle provisions and applicable formulas relative to each "fresh" specific case. Each formula has its applicable conditions, but in these "massive" legal provisions, it is far from being as easy to go to court as most people think, because the applicable conditions are difficult to classify, the scope of application is difficult to define, the purpose and behavior are multifaceted, there are many conflicts between departmental laws, the specific amount and principle of the case are not quantified, and the law is empty and blank. Therefore, it is a wise choice for the parties to ask professional lawyers to represent these cases.
It is an eternal truth that there is no class in teaching, there is specialization in technical fields, and professional people do professional things. There are 360 lines in the world, and each line has a doorway. People's knowledge and insight are limited, and there can be no "all-round" people. Therefore, if the parties want to settle the lawsuit on their own, they will definitely suffer big losses.
3. The role of lawyers in case representation.
Lawyers can generally play the following roles in the process of case representation: comprehensively and systematically grasp the context of the case, design a rigorous, operable and forward-looking litigation plan, investigate and collect relevant favorable evidence, draft and modify relevant legal documents on their behalf, rationally use litigation skills in the trial process, put forward rebuttal opinions against the evidence and reasons of both parties to the dispute, improvise, find and collect relevant laws and regulations, and issue detailed, reasonable, well-founded and powerful agency opinions.
Do I have to pay the lawyer's fee first? When you hire a lawyer to file a lawsuit, you need to pay a certain fee to the lawyer, which we call lawyer's fee. Moreover, this lawyer's fee is usually paid in advance, and the rest will be paid after the lawsuit is over. Of course, risk agency can also be implemented, depending on how the two sides negotiate specifically.