Litigation is what we commonly call litigation. When many people encounter disputes and don't know how to resolve them, they choose to file a lawsuit in court. This is also one of the more effective ways to resolve disputes. 1. How to hire a lawyer to litigate? When litigants engage in litigation, they may want to hire a lawyer as an agent or defender to put themselves in a favorable position in the litigation. But how do you hire a lawyer? There is learning here too. 1. Qualification review. According to the Lawyers Law, a lawyer refers to a person who has obtained a lawyer's practicing certificate in accordance with the law and provides legal services to the society. Persons who have not obtained a lawyer's practicing certificate may not practice law in the name of a lawyer, nor may they engage in litigation agency or defense business for the purpose of seeking economic benefits. Therefore, when the parties request a lawyer, they must check the lawyer's qualifications and whether he or she has a lawyer's license. 2. Understand the organization. A law firm is a practice organization for lawyers. Ask the lawyer to go to the law firm to find out where the lawyer is practicing. This is because the Lawyers Law stipulates that if a lawyer practices illegally or causes losses to a client due to his fault, his law firm shall be liable for compensation. 3. Sign the agreement. When hiring a lawyer, a written agreement should be signed to clarify the rights and obligations of both parties. In particular, we should not take the cost of hiring an attorney lightly. Be sure to state clearly how much you will win or lose in the lawsuit, and how much the first and second trials will cost. We must write it clearly in the agreement and require a receipt when paying. 4. Authorization is clear. Some parties fill out a power of attorney when hiring a lawyer, but the scope of authorization is unclear. I figured as long as I paid the lawyer, everything would be handled by the lawyer. Therefore, some parties do not appear in court at all, do not understand the progress of the case, and do not know the outcome of the case. Who knows, the legal consequences of unclear authorization will be the responsibility of the authorized party. 5. Pay carefully. Some clients take their lawyers at their word. As long as the lawyer wanted money, he didn't care. The first-instance lawsuit was lost, and the lawyer appealed. He did it one by one without thinking about it, paid the appeal fee, and then paid the lawyer's fees. He was not distressed at all. In particular, the fees for social activities such as treating the case handler to dinner, finding someone to smooth relationships with, etc. proposed by the lawyer are even more generous, and are often a one-time expense. As soon as the lawsuit was lost, Fang Da woke up from his dream and regretted being cheated. Therefore, the so-called activity fee requested by the lawyer, in addition to the legitimate fees that should be charged according to regulations, must be rejected. 2. Things to note when hiring a lawyer 1. Lawyer fees are negotiated between the employer and the lawyer based on factors such as relevant regulations, difficulty of the case, required working time, size of responsibility, etc.; 2. The client should objectively introduce all entrusted matters to the lawyer; 3. Fully trust and support the lawyer's work , and maintain regular contact with the lawyer; 4. Timely request the lawyer for agency statements, defense statements, legal opinions and other documents for the entrusted business. After reading the above content, I believe everyone is clear. If you plan to hire a lawyer to help you litigate, how to hire a lawyer? There are also some points that require attention from all parties in this process.
Legal Objectivity:
Article 46 of the Measures for the Management of Grassroots Legal Service Workers If a grassroots legal service worker commits any of the following acts, the county-level judicial administrative agency or the municipality directly under the Central Government shall The district (county) judicial administrative agency shall give a warning; if there are illegal gains, the illegal gains shall be confiscated in accordance with the provisions of laws and regulations, and the district (county) judicial administrative agency of the city divided into districts or the municipality directly under the Central Government shall impose a fine of not more than three times of the illegal gains. The maximum fine is 30,000 yuan: (1) Exceeding the scope of litigation agency business and practice area; (2) Soliciting business by belittling others, promoting oneself, making false promises or paying introduction fees and other improper means; (3) Having served as a grassroots A judge's legal service worker or a litigation agent of the original court; (4) Practicing in the name of a lawyer; (5) Practicing in a grassroots legal service office and a law firm or a notary office at the same time, or in two or more grassroots legal services at the same time (6) Refusing to perform legal aid obligations without justifiable reasons; (7) Knowing that the client’s request is illegal and fraudulent, but still providing help; (8) Exceeding agency authority in agency activities Or abuse the power of agency and infringe upon the legitimate rights and interests of the client; (9) Act for both parties or an interested third party in the same lawsuit, arbitration or administrative award; (10) Failure to abide by the agency contract concluded with the party, refuse to Or fail to perform legal service obligations and damage the legitimate rights and interests of the client; (11) Suppress, insult or retaliate against the parties in professional activities such as mediation, agency, legal consultation, etc., causing adverse effects; (12) Failure to accept annual payments in accordance with regulations assessment, or commit fraud in the annual assessment; (13) Disclose business secrets or personal privacy learned in the course of professional activities; (14) Violate regulations to meet with relevant judicial and judicial authorities for the purpose of affecting the results of case trials, arbitrations or administrative rulings Arbitration or administrative law enforcement personnel, or treat each other with courtesy; (15) Accepting entrustment to handle legal affairs without authorization, or charging fees without authorization, or asking for additional remuneration from the client; (16) Accepting fees from the other party or interested parties in agency activities property or malicious collusion with the client to damage the legitimate rights and interests of the client; (17) Violating the relevant provisions of judicial, arbitration and administrative law enforcement work, interfering with or hindering the normal progress of judicial, arbitration and administrative law enforcement work; (18) Leaking the information in State secrets learned during practice; (19) Forging, concealing, or destroying evidence or intentionally assisting clients in forging, concealing, or destroying evidence; (20) Bribing or introducing bribes to relevant judicial personnel, arbitrators, or administrative law enforcement personnel , or instigating or inducing the client to pay bribes; (21) Other behaviors that should be punished according to laws, regulations and rules. Judicial administrative organs should also order grassroots legal service workers to make corrections.