25 Jul 2008

A lawsuit, you will ask the lawyers?

The event of a lawsuit, which should not be a lawyer » Integrated Bar of how to determine the level of » How to assess whether the lawyers dutifully » These parties, really need to understand ---- Nongge a lawsuit, you will ask the lawyers?

Lawyers can do for you what

For ordinary people, whether lawyers can help you do it » China's Lawyers Law, the Law Society mainly engaged in the business: to accept citizens, legal persons and other organizations hired as legal adviser; accept civil cases, administrative cases commissioned by the parties, as an agent, participate in legal proceedings; accept criminal cases of criminal suspects who hire , To provide legal advice, the Acting appeals, accusations, for release on bail; acceptance of the suspect, accused the commission or the people's courts designated to serve as counsel; accept Private Prosecution Private Prosecution case, the prosecution case near relatives of the victims or the commission, As an agent, participate in legal proceedings; agents various types of cases the complaints; accepted by the parties, to participate in mediation, arbitration; accept non-litigation legal services commissioned by the parties, the provision of legal services, legal advice to answer, write documents and related legal proceedings Affairs of other instruments. In addition, today, lawyers scope of business has changed from mere legal representation, to serve the community at all levels of life, such as the separation can be entrusted with the agent out of production, to review the drafting of legal instruments, charge d'affaires corporate registration, and change agent to make economic contracts, participation Project negotiations, and so on.







Please be lawyers?

The event of lawsuits, many people feel that the lawyer is not necessary. In fact, this is a one-sided understanding. Lawyers as a professional legal service workers, entrusted, at least three aspects to you to help.

First of all, you need the time, lawyers will use their wealth of expertise, we can clearly and accurately tell you what your rights and interests have been compromised, what protective measures should be taken, there may be an inevitable or the result of the fault is what you Of nature, should be taken to what kind of remedial measures; how to formulate a comprehensive action plan, and so on.

Secondly, the procedure needs to commence proceedings, if the parties to clearly understand all the procedures are again in practice, often adversely affected aircraft. With the assistance of a lawyer, you will greatly improve efficiency, the things necessary to make proper arrangements in advance, and to ensure that documents are available, standardized procedures, through their participation in these efforts, can effectively reduce litigation costs, reduce tired of First Instance.

Third, the law stipulates that citizens in the proceedings enjoy equal rights and obligations. But in practice, the other party usually only ask you to fulfil their obligations, and lawyers better understand your rights, he will at all times for the sake of their own parties, when you were against the interests of time, lawyers will help you seek fast, convenient, the provincial Time-saving relief legal channels.

How to avoid risks to a lawyer

Today, many people in to a lawyer, often by acquaintances, friends, some due to incomplete, in the case have emerged in unnecessary troubles. Therefore, the parties hire lawyers to be noted there may be risks.

Hire a lawyer to be timely. To do so, lawyers can on the merits need for timely collection and fixed favorable evidence on the parties, can quickly take effective measures to deal with, safeguard the legitimate rights and interests of the parties. Some parties in the legal aspects of the problems encountered when there are fortunately mostly psychological, Daidao deterioration of the situation, then hire a lawyer, at this time because evidence is often difficult to obtain or already has been damaged, or has spent more than litigation, or has entered a Specific proceedings, lawyers also powerless.

Choice of law firms and lawyers. Attention to see if there is any by the provincial-level judicial administrative organs issued by the law firm practice permit a certain understanding of what lawyers in the case of long-term experience and good professional ethics and practice quality lawyers are full-time, part-time, three specially invited, To view the client lawyers cards have not been registered annual inspection, preferably retained a copy, the lawyer for a wrongful act to the judicial and administrative departments to report; whether their "naming" or others, should be subject to Law firm commissioned by the negotiations and procedures for.

The commission signed an agreement regulating perfect. Lawyers and the parties to enter into "agency agreement" (or contract) and "authorized instructions." Under normal circumstances, agents have the right to the agent of the general and special agents authorized agent two. Acting general agent is only a general right of action, such as the prosecution, responding to the right, the right to evade the application, to provide evidence to the debate on the right, especially with the authorized agent is closely related entities the right to the right of action agents, such as recognition, waiver, change The claim was an agent for reconciliation and counter-claims filed by an agent or agents, such as an appeal. Therefore, the parties in completing the "commissioned by the power of attorney", in line with the cases of the actual situation and pay attention to Xieqing agent authority. The award of the special agents have authorized the matter should be indicated, each of the specific content of special authorization to prevent the violation of an agent of the true will of the parties, resulting in unnecessary losses.

Timely payment of legal fees. Lawyers entrusted the costs typically include agents fees, case expenses and operating expenses. The agency fees should be paid for in phases, the last one as far as possible on matters entrusted to pay for at the end, to encourage lawyers to work. The case costs and operating expenses can be reimbursed, the amount not expected, the contractor can be paid. The cost to the agency's law firm financial officers delivery, and asked the reception desk.

Vigilance "Three Guarantees" lawyers. Some lawyers to present the source and Lan violation of professional ethics and practice discipline, the irresponsible parties pledged to "Three Guarantees" (including wins, Bao Fang, packets of innocence). Lawsuit itself is a higher risk activities, there is no absolute victory. The parties should guard against such a "Paixiong Fu" lawyers, because "a lawsuit is evidence," the lawsuit "efforts" should be placed on investigation and evidence collection. If necessary, the parties signed with the lawyers risk agent contract.

Issued a written legal submission requirements. The lawyers for advice or agents of the work, the parties may request a written legal opinion issued by the relevant agency work or report, and not just limited to oral statement. The lawyers are not satisfied with the quality of services, commissioned by the agreement not to work or because of damage caused by errors, the parties to the local Bureau of Justice or the Bar Association of complaints to its commitment to compensation liability.

Have to hire a lawyer skills

Hire professional lawyers. Laws, including Civil and Commercial Law, criminal law, administrative law, economic law, and various other aspects, it is impossible to lawyers so many are familiar with the legal requirements, different lawyers in different areas of strengths. Therefore, in the face of different areas, different nature of the case, I suggest you the right remedy, or have expertise in this area of the lawyers, you maximize the safeguarding of the legitimate interests.

Employ a certain experienced lawyers. People generally have a blind faith in authority, the pursuit of "brand" the psychological, so please lawyers will take "the older the better" idea. In fact, this understanding is not entirely correct. Therefore, the general case of simple, ordinary lawyers will be able to run, but for more complicated cases, to employ a multi-year work experience in a relatively good number of lawyers.

Strong overall quality of hire lawyers. Practice has proved that academic qualifications and work experience is important, but the level of case-handling capacity and more critical cases. In reality, many lawyers are not directly from the institutions of law graduates, but doctors have been engaged in teaching, mechanics, and so different occupations, and in dealing with their own previous work-related legal matters will be handy. Therefore, the expertise of strong, integrated high-quality lawyers should be your first choice.

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