2. Legal fees: The fees charged by the court are basically calculated according to the amount of the subject matter of the dispute. The bigger the object of dispute, the higher the legal costs.
3. Patience: It takes patience to go to court. If a civil case is an ordinary procedure, the trial period is six months; if it is a summary procedure, the trial period is three months. In the course of this trial, if there is any appraisal, announcement or suspension of the case, it will be postponed again. Therefore, a lawsuit is as short as three to five months and as long as one or two years. So it must be able to withstand it.
Most people think it is unnecessary to hire a lawyer. Even if you hire a lawyer, you don't have to hire a professional lawyer. Even if you hire a professional lawyer, you don't have to hire a lawyer. In fact, this should also be based on the judge's own subjective will. Some judges think that it will be bad if their own judges know their own companies, while others think that if there is a dispute between the two companies, they must hire professional lawyers. And the price of professional lawyers' fees is relatively expensive. In this case, the judge may not ask for a lawyer, which I think is entirely possible. When dealing with company disputes, the most important thing is the daily work and business consultation of the company's financial and legal personnel. As long as the lawsuit is conducted according to this framework, and the company's financial personnel or legal personnel are found for legal consultation, then basically the company can finally solve it successfully. I have a similar case, where three parties sue the company at the same time, so for lawyers, it is nothing more than waiting for a financial or legal hearing. In this process, you can also get some benefits through other means, such as assisting mediation, preparing litigation materials on your behalf, evaluating the evidence needed for litigation, actively communicating with relevant rights parties to resolve disputes, and obtaining the support of judges. In this way, the lawyer will be happy to provide you with legal help. And I don't think the client needs to be too professional about the lawyer's professionalism. Because the final judgment of the judge is mainly based on facts, laws and evidence. The professionalism of lawyers is not particularly important. Of course, if lawyers do their duty, they can make up for other shortcomings to a great extent in the future.
The trial process of the case in court
1. Prosecution: Prosecution is to submit a complaint and basic evidential materials to the court filing chamber for the court to accept. The court will review the submitted materials. If the submitted materials meet the statutory conditions for filing a case, the materials will be sent to the Notice of Accepting Cases, and the legal fees will be paid by this notice. After paying the fee, the case will be formally accepted. You can go to the next step.
2. Proof: It is to submit evidence materials to the court within a certain period of time. After the court accepts the case again, it will issue a notice of proof, which will specify the time limit for proof. All evidential materials must be submitted to the court within this time limit. Beyond this time limit, the court will not accept it. Wait until all the evidence is submitted, and then wait for the trial.
3. Hearing: The court will issue a summons for hearing, which will indicate the date, time and court. Don't be late for the court session, because if you meet a bad-tempered judge, you may not even be allowed to enter the court if you are late.
4. Judgment: The court's judgment is basically in three forms, supporting all the plaintiff's claims; Support part of the plaintiff's claims; Reject the plaintiff's claim. After the judgment is obtained, it takes 15 days for civil proceedings and 10 days for criminal proceedings to decide whether to appeal to a higher court.
5. Enforcement: If the judgment of the court is successful, the other party is unwilling to take the initiative to fulfill the obligations determined by the judgment. Then you can submit an application for enforcement to the court with the judgment and ask the court to enforce it. If the other party voluntarily performs the obligations in the judgment, then the case is over.
First of all, there is no requirement to hire a lawyer when going to court, so anyone is allowed to defend himself, which is allowed by our laws. Then if we want to conduct civil litigation without a lawyer, we must strictly follow legal procedures, and at this time, it is also to better protect our civil rights and litigation rights.
The Supreme People's Court's Interpretation on the Application of the Administrative Procedure Law of the People's Republic of China
Article 108 If a party appeals, it shall submit a copy of the appeal according to the number of other parties or agents ad litem.
After receiving the appeal, the people's court that originally tried the case shall send a copy of the appeal to the other party within five days, and the other party shall submit a reply within fifteen days from the date of receiving the copy of the appeal.
The people's court that originally tried the case shall send a copy to the appellant within five days from the date of receiving the reply. If the other party fails to submit the defense, it will not affect the trial of the people's court.
After receiving the appeal and defense, the people's court of first instance shall submit it to the people's court of second instance together with all the files and evidence within five days. The litigation fees that have been paid in advance shall be submitted together.
Legal basis:
Criminal Procedure Law of the People's Republic of China
Article 35 If a criminal suspect or defendant fails to appoint a defender due to financial difficulties or other reasons, he or his near relatives may apply to a legal aid institution. To meet the conditions of legal aid, legal aid institutions shall appoint lawyers to defend them.
If the criminal suspect or defendant is a mental patient who is blind, deaf, dumb or has not completely lost the ability to identify or control his own behavior, and has not entrusted a defender, the people's court, the people's procuratorate and the public security organ shall notify the legal aid institution to appoint a lawyer to defend him.
If a criminal suspect or defendant may be sentenced to life imprisonment or death without entrusting a defender, the people's court, the people's procuratorate and the public security organ shall notify the legal aid institution to appoint a lawyer to defend him.
Thirty-sixth legal aid institutions can send lawyers on duty in people's courts, detention centers and other places. If the criminal suspect or defendant does not entrust a defender or the legal aid institution does not entrust a lawyer to defend him, the lawyer on duty will provide legal assistance to the criminal suspect or defendant, such as legal consultation, suggestions on procedure selection, application for changing compulsory measures, and suggestions on handling cases. The people's courts, people's procuratorates and detention centers shall inform the criminal suspects and defendants that they have the right to meet the lawyers on duty, and provide convenience for the criminal suspects and defendants to meet the lawyers on duty.