What is a civil lawyer? What does a civil litigation lawyer do? What role do lawyers play in civil litigation?

The work content of lawyers in litigation refers to the duties that lawyers should perform seriously in accordance with the provisions of the law in civil litigation activities, which mainly include the following duties: being loyal to the law and the truth, assisting the parties in legal procedures, and conscientiously performing their duties. Lawyers must be honest and upright, abide by lawyer work disciplines and professional ethics, keep confidential client information learned during practice activities, and must not leak client privacy, etc.

Civil litigation is very important in today's society. We all must have a basic understanding of civil procedure law, because if we encounter legal problems in our lives, in many cases they are civil disputes. If we enter The court is to take civil proceedings. So what are the duties and obligations of a civil litigation lawyer? The following is a detailed introduction for you.

What are the duties and obligations of a civil litigation lawyer?

1. Case acceptance
Case acceptance means that a law firm accepts entrustment from natural persons, legal persons and other organizations and assigns lawyers to serve as litigation agents. When a client requests a lawyer to represent him in a civil lawsuit, the lawyer should strictly review the client to see if it meets the conditions for accepting the case. If the case meets the conditions for acceptance, the law firm should enter into an appointment contract with the client, appoint a lawyer as the litigation agent for the case, and clarify the rights and obligations of both parties during the performance of the agency agreement.

2. After accepting the entrustment
After confirming the entrustment, the lawyer must perform the following tasks:
(1) Fully understand the case and collect evidence. If you want to proceed with litigation, evidence is a very important link. After accepting the entrustment, a lawyer must first fully and carefully understand the case and collect relevant evidence. The scope of evidence collection includes evidence that can prove the prosecution is correct or the defense is correct, evidence that can prove the other party's prosecution or defense facts are distorted, and other evidence related to the handling of the case.
(2) Issues of review jurisdiction and statute of limitations. Whether you are filing a lawsuit on your behalf or responding to a lawsuit on your behalf, your lawyer should confirm the following matters:
1. Which court has jurisdiction over the case.
2. Whether there is an arbitration clause.
3. If there is a consensus jurisdiction clause, is it valid?
4. Whether it falls within the exclusive jurisdiction provided by law.
5. What is the statute of limitations, whether there are any circumstances that exceed the statute of limitations, and whether there is any interruption or extension of the statute of limitations.
(3) Prepare litigation materials. After fully grasping the facts of the case and fully collecting evidence, the lawyer can write a complaint or a statement of defense. A civil complaint is a legal document in which the plaintiff in a civil case states to the court the fact that his or her legitimate rights and interests have been infringed, explains the reasons for the lawsuit, and makes a claim. A civil reply is a legal document in which the defendant in a civil case responds to and refutes the plaintiff's requests in the lawsuit and the facts and reasons based on them within the statutory period after receiving a copy of the plaintiff's complaint. , whose purpose is to refute the other party's incorrect and illegal prosecution and to defend one's own behavior.

(4) If necessary, apply for property preservation on your behalf.
There are two types of property preservation: pre-litigation property preservation and post-litigation property preservation.
Pre-litigation property preservation means that if an interested party does not apply for property preservation immediately due to an emergency situation, his or her legitimate rights and interests will be irreparably damaged, he or she may apply to the court for property preservation before filing a lawsuit, and the court will take measures based on his or her application. a protective measure. Post-litigation property preservation means that after the court accepts the case, in cases where the judgment may be impossible or difficult to execute due to the behavior of one party or other reasons, it shall take action based on the petition of the other party or the ex officio ruling on the property of the relevant party. A coercive measure. When making a claim for property preservation, the right time should be chosen, otherwise the purpose will not be achieved. And if you want to initiate property preservation, such as false seizure, you also need to consider the additional litigation costs.

(5) Participate in court sessions.
Court trials generally include evidence investigation procedures, preparation procedures, and oral argument procedures. Lawyers should assist in the corresponding court proceedings. Here are some matters that lawyers need to pay special attention to.
1. Claim to recuse yourself. If a judge has an interest or other relationship with the case and cannot conduct a fair trial, the lawyer has the right to apply for recusal on behalf of the client in accordance with the law.
2. Representation in the court investigation phase. During the court investigation stage, both parties to the lawsuit provide evidence to the court regarding their claims. Lawyers must not only clarify the probative force of the client's evidence, but also quickly analyze and make judgments on the other party's evidence. After the cross-examination of both parties is completed, the lawyer will also answer court inquiries on behalf of the client.
3. Representation in the court debate stage. During the court debate stage, lawyers must make their own judgments based on the facts investigated by the court and relevant procedural issues, and explain their reasons. At the same time, they should refute the other party's judgments and reasons, thereby providing reference opinions for the court to make a judgment. The purpose is to make the judges accept our point of view and deny the other party's point of view. Generally, the plaintiff's lawyer will first express his representation opinion, and the defendant's lawyer will make a defense. After the debate, both sides made their final statements, and the court adjourned for deliberations.

(6) Appeal stage
If the parties concerned are dissatisfied with the court's decision after the first-instance judgment, they will appoint a lawyer to file an appeal. When lawyers are handling appeals, they have the following related matters to deal with.
1. Accept the case. Lawyers should review whether the case entrusted by the appellant meets the statutory appeal conditions. Only if these conditions are met, the lawyer can accept the entrustment. The lawyer mainly examines the following aspects: examining whether the appellant has the right to appeal, whether the appellant's appeal is within the appeal period, whether there are errors in the first-instance judgment, etc. The so-called errors include errors in the determination of facts and errors in the application of law.
2. Agency work. At the second instance stage, the work content that lawyers have to deal with is basically the same as that of the first instance. However, lawyers should also pay special attention to the case situation in the first instance, analyze in detail the matters that are beneficial and unfavorable to the parties, and specifically focus on these matters to strengthen or Replenish. In particular, lawyers should request to review the case file after completing the entrustment procedures to check whether the evidence in the first instance is sufficient and conclusive, whether the law is applied correctly, whether the final evidence in the first instance is legal and has been tried by the court, and whether the facts determined in the first instance are clear and complete, etc.

What obligations do civil litigation lawyers need to bear?

During litigation, lawyers must conscientiously perform their duties in accordance with the provisions of the law. They mainly include the following obligations: to be loyal to the law and the truth, to perform their duties conscientiously, to be honest and honest, to abide by lawyer work disciplines and professional ethics, and to perform their duties in accordance with their professional ethics. The secrets of the parties learned during the activities shall be kept confidential, and shall not act as agents for both parties in the same case, and shall not use the convenience of providing legal services to obtain the rights and interests of the parties involved in the dispute, or accept the rights and interests of the other party, and shall not provide false evidence or conceal facts. Or threaten or induce others to provide false evidence, conceal facts, or prevent the other party from lawfully obtaining evidence.

There are some matters that lawyers must pay special attention to in civil litigation. For example, they must ensure that the statute of limitations for the parties’ claims is not expired. They must take some legal actions to interrupt the statute of limitations. In some cases, they need to apply for evidence preservation or leave for seizure. , or remind the parties to collect relevant evidence, etc.

Regarding the question of what are the responsibilities and obligations of a civil litigation lawyer, we can see it in the lawyer's obligations. The lawyer helps the client to litigate, so the lawyer's biggest responsibility and obligation is to do his best to help the client. . Then in court, lawyers generally explain the situation and fight the corresponding lawsuits, so the role of lawyers is very important, especially after all, the parties generally have little experience in court activities, so hiring lawyers to assist is crucial for handling the case. of.

The group of lawyers hosted by our firm has specialized in the field of civil litigation for many years, specializing in civil laws, commercial laws and civil litigation procedures, and provides customers with the highest quality legal services based on their rich experience.

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