1. What are the procedures for lawyers to handle cases?
(1) Consultation
1, listen to the client's case.
2. Ask questions about the ambiguity of the parties in order to better understand the case.
3. Reasonably analyze the case and explain the possibility of winning the case.
(2) Accepting cases
1. Law firm case fees (different fees are charged according to different laws)
2. Acceptance and ratification. Fill in the closing approval form and report it to the leader for approval.
3, the instructions, handling quality supervision card (including the stub) to the client after a look at the signature or seal.
4. Sign the agency contract in duplicate.
5. Customer authorization
(1) The client writes the power of attorney or the lawyer drafts the power of attorney for the client, and the client signs or seals it after reading it.
(2) If the client is an individual, let him hand in a copy of his ID card; If the customer is a company, let him hand in a copy of the business license and a certificate from the legal representative.
6. charge. After the law firm collects the client's lawyer service fee, it will issue a lawyer service fee receipt to the client.
(3) handling cases.
1, making legal documents
(1) If the customer is the plaintiff, make a complaint.
(2) If the client is the defendant, make a defense.
2. Investigate and collect evidence
(1) Require the client to submit existing relevant evidence, such as documentary evidence, physical evidence, audio-visual materials, etc.
(2) lawyers investigate and collect evidence. Investigate and collect witness testimony, police transcripts and file records.
3. file a case (as a plaintiff).
(1) The agent submits the official letter, power of attorney, complaint, evidence list and relevant evidence of the law firm to the court with jurisdiction.
(2) The court shall file a case for examination, and file a case after examination, and then issue a notice of accepting the case and a notice of proof.
4. Received a notice to appear in court. In practice, some courts give notice of appearance on the day when the case is submitted, while others give notice after a certain period of time.
5. Be a surrogate.
6. Participate in the experiment.
Second, is there a charge for a lawyer who loses a lawsuit?
Lawyer's fee refers to the remuneration that a lawyer should receive for handling legal affairs for his client. Since it is a reward, the lawyer's labor should be paid, which has nothing to do with the outcome of the lawsuit, except the lawyer's risk agency.
Lawyer's risk agency, that is, people say "spend money first" and then "pay the bill", the parties transfer all the risk of losing the case to the attorney, and once they lose the case, the parties have the right to refuse to pay the lawyer's agency fee; If the attorney wins the lawsuit, he can get several times or even ten times more profits than the ordinary agent.
The emergence of risk agency has formed a more effective restrictive relationship between the parties and entrusted lawyers, avoiding the "illegal" operation of lawyers and not taking money to do things.
At present, there is no explicit provision for lawyers to carry out risk agency business in China, that is, "no restriction, no promotion".
Measures for the administration of lawyers' service fees
Article 3 Fees for lawyers' services shall follow the principles of openness, fairness, voluntary compensation and good faith.
Law firms should facilitate the people, strengthen internal management, reduce service costs, and provide convenient and high-quality legal services for clients.
Article 4 The fees for lawyers' services shall be guided by the government and regulated by the market.
Lawyers still have to charge fees if they lose the lawsuit, because lawyers have provided legal defense and legal services, which has nothing to do with winning or losing the lawsuit. However, if the lawyer's absence leads to the loss of the case, it is necessary to see whether it is necessary to pay the lawyer's fee according to the specific situation, but in this case, you can ask the lawyer for compensation.