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If you are suspected of a criminal offense, should you hire a lawyer?
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It is necessary to have an objective understanding of the role of lawyers, who only play an important role, not a decisive role, and even have no absolute influence.
It is up to the parties to decide whether to hire a lawyer or not, and the law does not stipulate that litigation must be conducted by a lawyer**.
Whether it is a civil, administrative or criminal lawsuit, it is the litigation right of the parties to appoint a lawyer. Since it is a right, the parties can exercise it or not, so as long as the parties feel that they can cope with the whole lawsuit, they can of course still fight the lawsuit without hiring a lawyer.
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Maybe you don't have an advantage in terms of evidence, and the lawyer is just maximizing your interests, and sometimes you can't get the results you want.
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It can only show that the judge is too hanging.
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Go appeal, not all it's dark.
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This is the injustice of China's law, some cases are ambiguous, from this way of thinking, maybe guilty or breaking the law, from another way of thinking, maybe normal, or innocent, it depends on the reputation of the lawyer, that is, how the relationship with the judge is handled, because there are too many loopholes in Chinese law.
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It's not about what the lawyer says, it's about what evidence is submitted.
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You don't have to have to ask for stupid sailsLawyers can be eliminated in less disputed cases**.
It is true that there are some cases that do not require a lawyer** to win. However, not hiring a lawyer** does not mean that you do not need the guidance of a lawyer. There is a client, the other party owes him a sum of money to give him an IOU, the IOU is relatively clear and comprehensive, with the other party's accurate name, ID number, date of arrears, signature, amount, etc., thinking that with such "ironclad evidence" there is no need to hire a lawyer to win the battle, and the success will be immediately, but the fact is that it backfired.
Lawyers can generally play the following roles in the process of the case: comprehensively cultivate the body and grasp the context of the case with equal emphasis on procedures and substances, design a rigorous, operable and forward-looking litigation plan, investigate and collect relevant favorable evidence, draft and revise relevant legal documents on behalf of others, reasonably use litigation skills in the process, put forward rebuttal opinions on the evidence and reasons of the other party to the dispute, adapt to changes, search and collect relevant laws and regulations, and issue detailed, reasonable, well-founded and powerful opinions. Influence the trial judge to determine the facts and adjudicate the case in the favorable direction of the client.
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Whether or not to hire a lawyer in a lawsuit depends entirely on the decision of the parties themselves. If the facts of the case are clear, and if the parties themselves are clear about the process, they can completely eliminate the need to hire a defense lawyer. However, for the vast majority of cases, if there is no lawyer**, who is not clear about the legal provisions, and does not know how to prepare evidence materials, it is definitely a loss to be careful.
The role of the lawyer in the case**. Lawyers can generally play the following roles in the process of the case: comprehensively and systematically grasp the context of the case with equal emphasis on procedures and substances, design a rigorous, operable and forward-looking litigation plan, investigate and collect relevant favorable evidence, draft and revise relevant legal documents on behalf of others, reasonably use litigation skills in the process, put forward rebuttal opinions on the evidence and reasons of the other party to the dispute, adapt to the situation, search and collect relevant laws and regulations, and issue detailed, reasonable, well-founded and powerful opinions. Influence the trial judge to determine the facts and adjudicate the case in the favorable direction of the entrusting party.
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1. Does a lawyer in a lawsuit work?
1. The lawyer can help the parties analyze the facts of the case and the pros and cons. Any lawsuit is a dispute over rights and obligations. A considerable number of parties have little knowledge of the law, and after hiring a lawyer, they can have a lawyer who is familiar with the law and the litigation procedure to help analyze the facts of the case, give guidance and guidance, and make the parties clear their position in the litigation, so as to lay a good foundation for the lawful exercise of their rights.
2. The lawyer can help the client investigate the evidence. After a party hires a lawyer, the lawyer may conduct an investigation with relevant units and individuals to obtain evidence and materials that are favorable to the party. Lawyers also have the right to access the case file and have a full understanding of the facts of the case.
In this way, it provides a greater possibility for the parties to fight a good lawsuit and effectively protect their legitimate rights and interests.
3. After accepting the litigation retained, the lawyer shall appear in court to participate in the litigation, participate in court investigation and court debate, and state opinions and requirements in accordance with law. If they serve as a defender in criminal proceedings in accordance with law, they may argue for the defendant's lawful rights and interests, so that the people's court can hear opinions favorable to the defendant from the defense side and make a correct judgment. In civil and administrative litigation, lawyers are hired as litigators, using their own advantages of being proficient in the law to exercise litigation on behalf of the parties, and can also grasp the important and dry mold shouting points in court arguments, so that the legitimate rights and interests of the parties can be effectively safeguarded.
2. Is it worth it to hire a lawyer?
In the event of a lawsuit, many people feel that it is not necessary to hire a lawyer, but as a professional legal worker, a lawyer can help the client in at least three aspects after accepting the entrustment. First of all, when the client needs it, the lawyer will use his or her rich professional knowledge to clearly and accurately tell the client what rights and interests have been infringed, what protective measures should be taken, and the inevitable or possible consequences. the nature of the party's fault and what remedies should be taken; how to make a well-thought-out litigation plan, and so on. Second, litigation needs to follow the prescribed procedures, and if the parties understand all the procedures clearly before putting them into practice, they will often delay the fighter.
With the help of a lawyer, the efficiency will be greatly improved, the necessary matters will be properly arranged in advance, and the documents can be completed and the procedures can be standardized. Thirdly, the law provides that citizens have equal rights and duties in litigation. However, in practice, the parties are generally only required by the other party to perform their obligations, and only the lawyer has a better understanding of the rights of his client, and when the rights and interests of his client are infringed, the lawyer will help him seek a fast, convenient, time-saving and labor-saving legal remedy.
Not only can you save a lot of time and energy, but also better help yourself defend your rights. However, in practice, how to choose a lawyer is also very important.
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A lawyer may be hired to file a lawsuit, and anyone is allowed to defend himself. However, the lawyer has more professional knowledge in this area, which can help the party analyze the facts of the case and the pros and cons, provide advice and respectful advice for the party to make the most appropriate decision, and remind the party to take effective legal measures in a timely manner, so as to protect the legitimate rights and interests of the party to the greatest extent.
Civil Procedure Law of the People's Republic of China
Article 61.
The parties and legally-designated persons may entrust one or two persons as litigants.
The following persons may be appointed as litigants:
1. Rough infiltration faction) lawyers, grassroots legal service workers;
2) The close relatives or staff of the parties;
3) Citizens recommended by the parties' communities, units, and relevant social groups.
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Legal Analysis: A lawyer refers to a practitioner who has passed the legal professional qualification examination and obtained a lawyer's practice certificate in accordance with the law, and who has been entrusted or appointed to provide legal services to the parties.
A lawyer may be hired to file a lawsuit, and anyone is allowed to defend himself. However, lawyers have more professional knowledge in litigation, which can help the parties analyze the facts of the case and the pros and cons, provide constructive opinions for the parties to make the most appropriate decisions, and remind the parties to take effective legal measures in a timely manner, so as to protect the legitimate rights and interests of the parties to the greatest extent.
Legal basis: Civil Procedure Law of the People's Republic of China
Article 110: The following conditions must be met for prosecution:
1) The plaintiff is a citizen, legal person, or other organization that has a direct interest in the case;
2) There is a clear defendant;
3) There are specific litigation claims, facts, and reasons;
4) It is within the scope of civil litigation accepted by the people's court and within the jurisdiction of the court of the state where the lawsuit is filed.
Article 120:The indictment shall be submitted to the people's court, and copies shall be submitted in accordance with the number of defendants.
There are two ways to pay lawyer fees, one is to pay when entrusting a lawyer to sign a contract, which is paid in proportion, and there are detailed lawyer fee methods formulated in various places; One is to wait for the end of the litigation process to pay, which is a risk**, and the fee standard is higher. The process of hiring a lawyer: 1. Go through the entrustment procedures with the law firm and sign the "Entrustment Contract". >>>More
Not necessarily. For example:
In criminal proceedings, where the public prosecutor, parties, defenders, or litigants have objections to the testimony of witnesses, and the testimony of the witnesses has a major impact on the verdict and sentencing of the case, and the people's court finds that it is necessary for the witnesses to appear in court to testify, the witnesses shall appear in court to testify. >>>More
It's not worth it. The litigation fee is 50 yuan, which you pay in advance, and you can bear it after winning the lawsuit. If the mediation is concluded, 25 yuan will be charged at half. >>>More
Evidence is a variety of materials that prove the facts of a case. Including party statements, documentary evidence, physical evidence, audio and video recordings, witness testimony, appraisal conclusions, etc. In general, the original of the evidence must be provided to the court, however, in some cases a copy can be provided. >>>More
Hello! First of all, according to Article 25 of China's Marriage Law, "children born out of wedlock enjoy the same rights as children born in wedlock, and no one may harm or discriminate against them." "A child born to you who is not married is an illegitimate child, and a child born out of wedlock has the same rights as a legitimate child. >>>More