The lawyer practice a lawyer should be how the agent of civil litigation cases

The lawyer civil case refers to lawyers in the name of the agent, the agent within the purview of the agent of action, the act of civil litigation agent directly produce rights and obligations. The specific working method and procedure of civil litigation lawyer agent are as follows:

A review of the case:

1, check whether the court has accepted the case.

1. If not registered, representing the plaintiff, should first review compliance with civil procedure law 108 stipulated conditions.

2. If you have been placed on file, the agent should examine whether the defendant, has been pleading period.

2, check whether the people's court civil case supervisor. The following five cases do not belong to the people court of competent:

1. Administrative organs and other organs of the case. Such as demobilized cadres disputes by local army reception over.

2. The parties have reached an agreement for arbitration cases, should inform the parties to the Arbitration Commission for arbitration.

3. To have effective judgment, ruling, should apply for appeal, go complaint procedures.

4. Labor dispute should go to the labor arbitration.

5. Internal financing housing disputes, should be negotiated by the unit interior.

3, for the prosecution, to see whether it will be the people's court rejected the prosecution. Such as

1. A divorce case and the adoptive relationship, the people court once it takes effect, if no new evidence, the plaintiff six months not to prosecute.

2. After the prescription of the case.

3. The woman's pregnancy or pregnancy within six months, the husband may not divorce proceedings.

Two, accept the entrustment

1, the parties and the law firm commissioned by the signing of the contract.

2, lawyers and the parties signed a power of attorney, it limits of agreement.

Three, prepare to sue or responding to.

1, with the client to understand the conversation.

Also, the defendant when the agent 2.

1. The claim and evidence argument case.

2. Review the evidence of sex.

3. Integrity inspection evidence.

4. As far as the obligation of confidentiality.

3, to the relevant units or individuals to obtain evidence.

4, according to the "Regulations" the relevant provisions of evidence, to the people court for investigation and evidence collection.

5, the application of witness. (should be ten days before and after the people's court's permission to appear in court at the expiration of the time limit for adducing evidence)

6, write all kinds of litigation documents.

In four, the agent

1, to money for work: according to the "rules of evidence" the relevant provisions of the evidence exchange, and attach the list of evidence.

1. See whether the subject qualification.

2. Find that objective, clear the legal relationship between the parties.

2, the beginning of the trial. According to the civil procedure law to apply for withdrawal, delay etc..

3, the court survey. May make statements on the relevant facts and evidence, the burden of proof.

4, the court debate.

Lawyers acting for five, the second instance procedure

1, check whether the parties have the right of appeal.

2, review the original ruling the facts and the law is wrong.

3, to examine whether the procedure illegal exist in first instance.

4, write the appeal.

5, to submit new evidence.

Lawyers acting for six, the retrial procedure.

1, start:

1. Court: the court found that the judgment errors in aB people's court at a higher level is found in the judgment errors c the Supreme People's court is found in the judgment errors

2. The people's Procuratorate: verify error found.

3. Appeal. (note the limitation for two years)

Seven, implement the agent

1, the execution applicant:

1. Check each other bank account

2. Check each other fixed assets

2, the agent execution

3, according to the relevant provisions of the civil procedure law to accept the case put forward objection to execution