Do I need a lawyer to file a civil lawsuit?

According to the current Civil Procedure Law, the so-called compulsory representation by lawyers is not adopted in the first and second instances. Therefore, in principle, the parties can go to the court to carry out relevant court procedures on their own. The law does not require the appointment of a lawyer.

However, because litigating a lawsuit requires a certain degree of legal knowledge, if the parties do not understand the law, they can not only consult the litigation counseling department of each court, but also appoint a litigation agent to appear in court. However, because civil litigation is more technical, there is no legal It is often difficult for a qualified person to act as an agent in litigation. In order to protect the rights and interests of the parties and ensure the smooth progress of the litigation process, Article 68, Paragraph 1 of the Civil Procedure Law of China stipulates that the litigation agent should in principle appoint a lawyer. However, with the permission of the presiding judge, non-lawyers may also be appointed as litigation representatives.

However, since the third-instance appeal case is a legal trial, Article 466-1 of the Civil Procedure Code stipulates that when the second-instance judgment is appealed to the third instance, a lawyer should be appointed as the litigation representative.

Is it necessary to hire a lawyer?

Most people do not have a lot of experience in court proceedings. Therefore, if they handle legal cases themselves, once they stand in court, they often cannot clearly express their legal requests or even the proposition of prosecution. Some judges will say, "You Why don't you hire a lawyer? Have you consulted a lawyer?" If this causes a delay in the lawsuit, it may give a bad impression to the judge.

In addition, some parties' statements in court are all about venting dissatisfaction or criticizing the other party, but they are unable to clearly express their legal claims, nor can they specifically present evidence or request the court to investigate the evidence. Assuming that this is the case When the court makes an unfavorable judgment, the parties who do not understand the situation have no choice but to accuse the judge of unfairness, judicial darkness, etc. In fact, in the final analysis, it is because the parties themselves cannot correctly use court procedures to protect their own rights and interests. In this case, if you can hire a suitable lawyer to assist, it will indeed be more helpful to protect your rights and interests.

In fact, in court activities, there are many matters that would be difficult to explain in detail to the judge unless someone has received professional training. For example:

one,statement of action. The so-called statement of action is to specify to the judge what the request of the party suing is to be made. There is a fixed way of writing the statement of claim. If the way of writing is wrong, the judge may not be able to accept it, or the requested rights and interests are missed, which will have a great impact on the rights of the parties.

two,Interest starts from. There are also different standards for calculating interest. Secondly, whether the interest should be clearly calculated and included in the original request, or whether it is a separate request, all of these need to be determined and adjusted based on each case, and require the assistance of a professional lawyer.

three,Case sorting. Including the arrangement of facts and legal arguments, they all need to be organized in accordance with the court's procedures and in a way acceptable to the judge. If it's disorganized, even if it's justified, it's difficult or even impossible for a judge to know how to assist.

The necessity of hiring a lawyer in civil litigation

Civil litigation refers to the process in which people seek help from the court to resolve disputes in legal disputes. For many people, whether it is necessary to hire a lawyer is a common question when they encounter a civil lawsuit. This article will explore the need for a lawyer in civil litigation and explain why seeking professional legal representation may be a wise choice.
Legal expertise and experience:
Civil litigation involves legal complexities and technicalities. Seeking the assistance of a professional lawyer can provide you with expertise and rich experience in the relevant field. Lawyers understand legal procedures and court rules and can provide professional advice to help you develop the best legal strategy. They will help you understand your rights and obligations and provide you with the necessary guidance and support throughout the proceedings.
Case analysis and evidence collection:
Lawyers have the professional ability to analyze cases and evidence. They will carefully examine your case and assess the feasibility and weight of the evidence. An attorney can assist you in gathering, organizing and preparing the necessary evidence to support your claim. They have in-depth knowledge of the evidence and can ensure that it follows legal procedures and is presented in the most favorable light in court.
Drafting and submission of legal documents:
In civil litigation, there are many procedures for drafting and filing legal documents. The accuracy and completeness of these documents are critical to the outcome of the case. An attorney will assist you in drafting various documents such as pleadings, answers, depositions, and court documents. They will ensure that documents comply with legal requirements and are filed on time in court to avoid adverse consequences due to procedural errors.
Court representation and negotiation skills:
A lawyer represents you in court, defending you and advocating your interests. They have professional defense skills and negotiation abilities, and can use legal knowledge and court strategies to effectively negotiate with the opposing party and opposing counsel. Whether it is communicating to resolve a dispute or defending in court, a lawyer's professional representation will fight for the most favorable outcome for you.
Dispute Resolution and Settlement Negotiations:
A lawyer can not only advocate on your behalf in court, but can also assist you in pursuing other options for dispute resolution, such as settlement negotiations or other alternative dispute resolution methods. They will assess the strengths and weaknesses of the case and provide recommendations based on your interests. During settlement negotiations, the involvement of an attorney can increase your chances of success and help you reach a fair and favorable agreement.
in conclusion:
While the necessity of hiring an attorney will depend on the specific circumstances of each individual case, in most civil proceedings it is wise to seek the advice and assistance of professional legal representation. Attorneys have the expertise, experience and skills to help you navigate the complex legal process and achieve the best possible outcome in your case. Whether analyzing a case, gathering evidence, drafting documents, or arguing on your behalf in court, the involvement of an attorney will increase your chances of success in a civil lawsuit. Therefore, it is recommended to consider seeking the help of an attorney when you are faced with a civil lawsuit.

Do I need to pay referee fees in a civil lawsuit? Why is it expensive to hire a lawyer?

Who pays the civil litigation costs? If you want to file a civil lawsuit, the plaintiff must first pay the arbitration fee to the court based on the amount requested or the value of the subject matter. After the court makes a decision, it will be stated in the judgment that the arbitration fee must be borne or shared by the losing party. In principle, based on economic, time, labor and other considerations, if the amount requested by the party is relatively small, the lawyer's fees may be higher than the benefits that can be obtained if the case is won, and it is not cost-effective in this case. In this case, if the parties need it, they can seek legal consultation and pay a consultation fee to ask a lawyer to give appropriate advice, or they may not engage in litigation and handle it through mediation or other methods, which may be more cost-effective.

Do I need a lawyer to file a civil lawsuit? What assistance can lawyers provide in the proceedings? Professional Taipei civil lawyers tell you!