26 Jul 2008

Lawsuits FAQ

1, the need for action lawsuits expertise »
Need to complete.
Because now the proceedings, paid great attention to the proceedings. Ordinary citizens in general to reflect the performance of the new or the proceedings that are not suited.

2, a lawsuit is in need of professional knowledge through learning and consulting complete the provisional master »
Almost impossible to complete master. May have only part.

3, which the court needs the expertise »
The specific protection of the rights of law, legal theory and legal principles, rules of the proceedings.
If this case involved the law on non-retroactivity of the basic principles. "Marriage Law Explanation 2" this year on April 1 implementation of this before the admissibility of the case did not apply.

4, the need for a lawsuit Advisory »

5, the Advisory need to carry out what kind of person »
Lawyers, jurists, and so on.

6, at any time should the Advisory »
In no intention to prosecute or to determine whether a lawsuit when they should be consulted.

7, through the Advisory whether the lawsuit will be able to conduct their own, then dismissed from the counsel of the »
According to specific conditions, listen to answer the lawyer's advisory opinion:
For a simple case, proof of sufficient evidence, not the controversial case, do not need lawyers commissioned by the agency;
The complexity of the case, the complex set of legal relationships, identify the parties complicated, there are differences between the applicable law, evidence and it still needs further evidence demonstrated, they have obvious confrontation or dispute the case, it should be commissioned by the counsel. Counsel is necessary to win one of the conditions.

8, to answer the Advisory lawyers assume responsibility? »
There are no legal provisions in this regard. Even if a wrong answer, nor to the final successful or not assume responsibility.

9, What is the use of the Advisory »
The initial understood what kind of follow the path of litigation and the need for basic knowledge of the lawsuit.

10, the answer depends on the answers to the Advisory those factors »

(1) advice;
(2) to provide advisory information: including the facts and evidence;
(3) to answer the legal knowledge;
(4) to answer those experiences;
(5) to answer the experience;
(6) answer to the professional, and so good at.

11, the same advice, different answers to whether there will be a different answer »
There will be complete.

12, the Advisory bad, or defect? »
There, and there are many.
Common defects include:

(1) who will give you different answers to different answers, so that the advisory judgement are not completely confused;
(2) clear and precise answers, there are likely to have ignored advice to the idea of legal representation;
(3) answer often can not fully grasp all aspects of the case, the answer is incomplete;
(4) it is impossible to predict accurately answer to the other party, the judge of the key issues of concern, and it is impossible to give an answer to fit in all circumstances;
(5) to answer the knowledge, experience, the focus of attention decide the validity and accuracy of the answer.

13, the first prosecution of any harm to the Advisory »
At present the civil rules of evidence: a statement the parties, including the pleadings in the statement, Chen Shuzhe for the contents of the adverse party, its binding, the general can not change; one of the parties has acknowledged the fact that the other party no longer Provide evidence. Therefore, the lawsuit is to decide victory or defeat of a key.
As the current proceedings professional than ever greatly enhanced, non-professional conduct of the proceedings of the adverse situation, is often more clever lawyers can not ensure that irreparable. Litigation before looking for professionals, for the timing have all or most of the loss.

14, commissioned by the counsel on whether the parties no longer need to be involved in the «
Is not. According to legal representation is a progress in the proceedings (including the parties to provide evidence of the situation, etc.) decided to litigation strategy and practice the strategy process, is a division of labour process. The participation of the parties to submit to the purpose of the proceedings.

15, the Advisory need to pay? »
The general law firm is charging. Because the lawyer's business costs and wages are paid from the service. Counsel for the public not to answer charges. Charges may also decide whether or not to answer the answer to the input level.

16, a lawsuit was the best option? »
According to the specific circumstances of the case decision. Before the proceedings are often a lot of solution to the problem. Litigation itself at risk. Reduce the risk of an effective, basic ways: professional consulting, professional agents.

17, the common risk of litigation in which »
(1) ignored the result of court proceedings against;
(2) underestimate the burden of proof procedures led to the claimants;
(3) claim against improper and led to the loss of rights;
(4) ability to lead the debtor to the creditor's interests are not real protection;
(5) evidence (including identification of conclusions) changes in the situation leading to the claimants;
(6) distribution of the burden of proof led the unsuccessful.

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