The Role of the Lawyer in Judicial Proceedings 15

The role of lawyers: 1. Provide advice to clients on legal issues; 2. Drafting and reviewing legal documents; 3. Participate in litigation, mediation or arbitration activities; 4. Handle other entrusted legal affairs; 5. Safeguard the legitimate rights and interests of the client. Lawyer refers to a practitioner who has passed the national judicial examination and obtained a lawyer's practice certificate in accordance with the law, and is entrusted or designated to provide legal services to the parties

1. Have the nationality of the People's Republic of China; 2. Support the Constitution of the People's Republic of China, and enjoy the right to vote and to be elected; 3. Have full capacity for civil conduct; 4. Bachelor degree or above with professional knowledge of law.

First, lawyers are proficient in laws and regulations, including substantive law and procedural law, and have the ability to investigate cases; not only that, lawyers have also developed the habit of thinking from a legal point of view, and can properly link the specific cases in front of them with legal norms, put forward claims with a certain degree of objectivity and persuasiveness through legal reasoning, and prompt them to the court in a timely manner. Second, on the basis of his knowledge of laws and regulations and the ability to reason about the law, the lawyer can also organize the arguments and evidentiary materials in favor of his client according to the specific case and argue in a logically rigorous and complete manner, and such debate is not necessarily directly related to the creed or likes and dislikes held by the lawyer himself. Third, the lawyer is familiar with the practice of law, especially the practical matters related to litigation.

To be a good lawyer, you often gradually grasp and master various procedural techniques after repeatedly handling a large number of cases. Fourth, in terms of the relationship with the case or dispute itself, the parties themselves are direct stakeholders and can often only approach the litigation from their own subjective standpoint. Fifth, lawyers, as persons engaged in specialized professions, are subject to the special ethical norms of professional groups.

Article 122 of the Civil Procedure Law: A lawsuit must meet the following requirements: (1) The plaintiff is a citizen, legal person, or other organization that has a direct relationship with 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 the jurisdiction of the people's court receiving the lawsuit.

Code of Civil Procedure

Article 49: The parties have the right to entrust a person to submit an application for recusal, collect and provide evidence, conduct debate, request mediation, file an appeal, and apply for enforcement.

The parties may consult the relevant materials of the case, and may make copies of the relevant materials and legal documents of the case. The scope and methods for inspecting and reproducing materials related to this case are to be provided for by the Supreme People's Court.

The parties must exercise their litigation rights in accordance with the law, abide by the litigation order, and perform the judgments, rulings and mediation documents that take legal effect.

1. The lawyer can help the parties analyze the facts of the case and the pros and cons. 2. The lawyer's stool trace can destroy and help the party investigate the evidence. 3. After the lawyer accepts the retained lawsuit, he shall appear in court to participate in the litigation, participate in the courtroom investigation and courtroom debate, and state his opinions and rough requirements in accordance with the law.

The answer to this question is as follows, and the role of a lawyer can be summarized as follows:

First, lawyers are proficient in laws and regulations, including substantive law and procedural law, and have the ability to investigate cases.

Second, on the basis of their knowledge of laws and regulations and legal reasoning ability, lawyers are also able to organize and debate in a logically rigorous and complete manner on the basis of specific cases of arguments and evidence in favor of their clients, and such debates are not necessarily directly related to the creeds or likes and dislikes held by the lawyer.

Third, the lawyer is familiar with the practice of law, especially the practical matters related to litigation. To be a good lawyer, you often gradually grasp and master various procedural techniques after repeatedly handling a large number of cases, which is not only a matter of knowledge, but also includes experience and skills. This is clearly something that the parties do not have.

Fourth, in terms of the relationship with the case or dispute itself, the parties themselves are direct stakeholders and can often only approach the litigation from their own subjective standpoint, while the lawyer can maintain a certain distance and grasp the situation objectively and calmly because the case is essentially a problem of others.

Fifth, lawyers, as persons engaged in specialized professions, are subject to the special ethical norms of professional groups. Although he is in the same legal profession as a judge, a lawyer is not an ancillary part of the judiciary. He took a middle ground in the proceedings.