2. If a lawyer has been hired in the first trial, the same lawyer must be hired in the second trial, because only in this way can we better understand the situation of the case and various problems in the trial process.
If you don't ask a lawyer in the first trial, you should ask a lawyer in the second trial, because the second trial is final. If you appeal to the second trial, the result of the first trial will be meaningless. It is prudent to hire a lawyer to be more professional. Unless your financial situation does not allow, you should invite them.
Is it necessary to hire another lawyer for more information about the second trial? Go to: See more.
How to hire a lawyer
1, qualification examination. According to the Lawyers Law, a lawyer refers to a person who has obtained a lawyer's practice certificate according to law and provides legal services to the society. A person who has not obtained a lawyer's practice certificate shall not practice in the name of a lawyer, nor shall he engage in litigation agency or defense business for the purpose of seeking economic benefits. Therefore, when requesting a lawyer, the parties must examine the qualification of the lawyer and whether they have a lawyer's practice license. 2. Understand the organization. A law firm is a lawyer's practice organization. Please ask the lawyer to go to the law firm to know the practice organization where the lawyer is located. Because the Lawyers Law stipulates that if a lawyer practices illegally or causes losses to the parties 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 a lawyer lightly. Be sure to make it clear how much the lawsuit will win or lose, and how much the first and second trials will cost respectively. We must make it clear in the agreement that we need a receipt when we pay. 4. The authorization is clear. Some parties fill in the power of attorney when hiring a lawyer, but the scope of authorization is not clear. I think as long as I pay the lawyer, everything will be handled by the lawyer. Therefore, some parties do not appear in court at all, do not understand the progress of the case, and the results of handling the case are not clear. Who knows, due to the legal consequences of unclear authorization, the licensor is responsible. 5. Pay carefully. Some clients believe what lawyers say. As long as the lawyer wants money, he doesn't care. The lawsuit in the first instance was lost and the lawyer appealed. He did it one by one without thinking, paid the appeal fee and then paid the lawyer's fee. He is not upset at all. In particular, the expenses of social activities such as inviting the case-handler to dinner and finding someone to dredge the relationship proposed by lawyers are even more generous, and they are often all one-off. As soon as the lawsuit was lost, Fang Da's dream woke up, he was cheated and regretted it. Therefore, the so-called activity fees demanded by lawyers, in addition to the legitimate fees that should be charged according to regulations, must be rejected. Matters needing attention in hiring a lawyer 1. The lawyer's fee is determined by the employer and the lawyer through consultation according to the relevant regulations, the difficulty of the case, the required working hours, the size of the responsibility and other factors; 2. The client shall objectively introduce all entrusted matters to the lawyer; 3. Fully trust and support the work of lawyers, and keep in regular contact with lawyers; 4. Ask the lawyer for the agency words, defense words, legal opinions and other documents of the entrusted business in time.
Is it necessary to hire a lawyer in the second instance?
Of course it is necessary. If a lawyer has been hired in the first instance, the same lawyer must be hired in the second instance, because only in this way can we better understand the situation of the case and various problems in the trial process. If you don't ask a lawyer in the first instance, you should ask a lawyer in the second instance, because the second instance is final, and it is meaningless to appeal to the second instance. It is prudent to ask a lawyer to be more professional. Unless your financial situation does not allow, you should invite them. Article 171 of the Civil Procedure Law If a party refuses to accept the judgment of first instance of a local people's court, he has the right to appeal to the people's court at the next higher level within 15 days from the date of service of the judgment. If a party refuses to accept the ruling of the local people's court of first instance, he has the right to appeal to the people's court at the next higher level within 10 days from the date when the ruling is served. According to the provisions of Article 171 of the Civil Procedure Law of People's Republic of China (PRC) (revised 20 17), the people's court of second instance shall make a ruling on an appeal case that refuses to accept the ruling of the people's court of first instance.
How to hire a lawyer?
1, qualification examination. According to the Lawyers Law, a lawyer refers to a person who has obtained a lawyer's practice certificate according to law and provides legal services to the society. A person who has not obtained a lawyer's practice certificate shall not practice in the name of a lawyer, nor shall he engage in litigation agency or defense business for the purpose of seeking economic benefits. Therefore, when requesting a lawyer, the parties must examine the qualification of the lawyer and whether they have a lawyer's practice license. 2. Understand the organization. A law firm is a lawyer's practice organization. Please ask the lawyer to go to the law firm to know the practice organization where the lawyer is located. Because the Lawyers Law stipulates that if a lawyer practices illegally or causes losses to the parties 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 a lawyer lightly. Be sure to make it clear how much the lawsuit will win or lose, and how much the first and second trials will cost respectively. We must make it clear in the agreement that we need a receipt when we pay. 4. The authorization is clear. Some parties fill in the power of attorney when hiring a lawyer, but the scope of authorization is not clear. I think as long as I pay the lawyer, everything will be handled by the lawyer. Therefore, some parties do not appear in court at all, do not understand the progress of the case, and the results of handling the case are not clear. Who knows, due to the legal consequences of unclear authorization, the licensor is responsible. 5. Pay carefully. Some clients believe what lawyers say. As long as the lawyer wants money, he doesn't care. The lawsuit in the first instance was lost and the lawyer appealed. He did it one by one without thinking, paid the appeal fee and then paid the lawyer's fee. He is not upset at all. In particular, the expenses of social activities such as inviting the case-handler to dinner and finding someone to dredge the relationship proposed by lawyers are even more generous, and they are often all one-off. As soon as the lawsuit was lost, Fang Da's dream woke up, he was cheated and regretted it. Therefore, the so-called activity fees demanded by lawyers, in addition to the legitimate fees that should be charged according to regulations, must be rejected. Matters needing attention in hiring a lawyer 1. The lawyer's fee is determined by the employer and the lawyer through consultation according to the relevant regulations, the difficulty of the case, the required working hours, the size of the responsibility and other factors; 2. The client shall objectively introduce all entrusted matters to the lawyer; 3. Fully trust and support the work of lawyers, and keep in regular contact with lawyers; 4. Ask the lawyer for the agency words, defense words, legal opinions and other documents of the entrusted business in time.
Do you need a lawyer for the second trial?
Generally speaking, whether to hire a lawyer is entirely the personal freedom of the parties, and there is no need to hire a lawyer in the lawsuit. For criminal cases, the second instance can be heard in writing or in court, but the following two types of cases must be heard in court:
1, appeal cases with unclear facts after marking and investigation;
2. Cases protested by people's procuratorates.
For civil cases, the court of second instance can choose the way of hearing or sentencing according to the actual situation such as whether the facts of the case are clear or not. So we should continue to hire a lawyer. According to Article 58 of the Civil Procedure Law of People's Republic of China (PRC) (revised on 20 17), the parties and their legal representatives may entrust one or two persons as agents ad litem. The following persons may be entrusted as agents ad litem: (1) lawyers and grassroots legal service workers; (2) Close relatives or staff members of the parties concerned; (three) citizens recommended by the community, units and relevant social groups where the parties are located.