What should you pay attention to before filing a lawsuit? 5 things you must know before filing a lawsuit! Professional lawyers tell you!

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What should you pay attention to before filing a lawsuit? 5 things you must know before filing a lawsuit!

5 things you must know before filing a lawsuit!

Unless you are engaged in legal-related business, I believe no one would like to litigate in court. However, if there are some disputes at work or in life, whether your own rights and interests are infringed, or you have a dispute with others, when other methods cannot be used to settle the dispute, sometimes you still have to take legal measures to resolve it.

Generally, if a company or individual encounters a situation that requires them to go to court, especially after receiving a court summons, they will often be at a loss as to how to handle it. Taipei lawyers recommend you 5 things you must know before filing a lawsuit!

1. Can I handle it myself?

Of course, since you are the party involved after all, you obviously know best what is going on. If you are willing to take the time to understand the court process and refer to relevant sample pleadings, you can handle it yourself.

However, in some cases, because the legal relationship is more complicated, or the burden of proof is unclear, whether the elements should be constituted is controversial, the evidence is insufficient, etc., the parties have no legal background, so they will be deeply troubled in the handling. , it may be recommended to seek assistance from relevant professionals, which can also ensure the legal rights and interests of the parties concerned.

2. Find a professional lawyer.

We all know that if you get a rash on your skin, you go to a dermatologist, and if your ears are inflamed, you go to an otolaryngologist. Just like when you see a doctor, you need to know which subject to consult. When you encounter a legal problem, you must first identify what type of legal problem it is, and then seek help from a professional lawyer in this field. Legal issues that need to be litigated in court can be roughly divided into civil, criminal, administrative, and family matters. Although the same fact may involve civil, criminal, administrative, and family matters at the same time, you should still preliminarily confirm in advance what you are facing. What type of dispute is it? It is easier to plan subsequent handling if you first have a basic understanding of the various legal types.

● Civil: disputes such as contracts (sales, donations, leases, loans, employment, contracting, transportation, etc.), rights related to real estate such as houses and land (including ownership, land rights, mortgage rights), damages, claims and debts, arrears Not paying back the money, company name, OEM, distribution, etc.

● Criminal: Refers to “criminal” behavior, which is usually prosecuted by the state, and the person who leads the state in prosecuting crimes is the prosecutor. After the prosecutor indicts, an independent judge must conduct a trial before conviction and sentencing. Basically, we often hear Crimes of breach of trust, theft, negligent injury, violation of securities and exchange laws, violations of banking laws, fraud, intimidation, etc., all fall within the scope of criminal offenses.

● Administrative type: refers to the procedure for filing relief if you are dissatisfied with the state's administrative measures. For example, violations of road traffic management penalty regulations result in fines, suspension of driver's licenses, tax administrative relief, or even violations of building regulations, fire regulations, and environmental regulations and penalties from administrative agencies, or applications to administrative agencies are rejected, etc., can all be attributed to Administrative events.

● Family affairs: events related to family relations, such as divorce, exercise of children’s parental rights and visitation rights, distribution of remaining property of the couple, family living expenses, alimony, denial of parent-child relationship, confirmation of parent-child relationship without litigation, inheritance, Inheritance division events, guardianship declaration events, etc. all fall under the family category.

If you need to file a lawsuit, you can consider it first, understand a little bit about the types of cases that may be involved, and the purpose of taking legal action. After understanding, you can evaluate whether to seek help from a lawyer.

3. Possible costs of litigating a lawsuit

After having the aforementioned concepts of litigation classification, the next thing we will face is, what are the costs of litigation? The following is an introduction based on each type of lawsuit.

● Criminal prosecution: If a lawyer is appointed as the prosecution agent to assist in filing a criminal complaint in a timely manner, a lawyer appointment fee will be paid. As for filing a criminal complaint with the investigative agency, there is no referee fee. However, if you request an appraisal during the investigation (especially car accident cases) , the prosecutor may require that you bear the cost of the appraisal yourself.

● Criminal defendants: In addition to the attorney appointment fee for appointing a lawyer to act as a defender, no litigation fees are required to be paid during investigation or trial. However, if there is a need for review, review fees should still be paid. If the prosecutor or judge decides to release bail, the bail shall be paid.

● Civil prosecution: When filing a lawsuit, you must pay a referee fee of approximately 1.1%, which is about the amount of the subject matter of the lawsuit. In the second and third instances of appeal, the referee fee is 1.5 times the amount of the lawsuit. In addition, when summoning witnesses during the lawsuit, you must pay witness travel expenses and request for identification. Pay the appraisal fee.

These expenses are included in the litigation costs. In the final court decision, the proportion of litigation costs will be shared based on the winning or losing ratio (in vernacular, you have to pay the litigation costs first, and you can ask for them from the other party only after you win). As for the attorney's fees, in addition to the third trial Except for the litigation costs, they cannot be included in the litigation costs. That is to say, the attorney fees for the first and second trials must be borne by yourself regardless of victory or defeat.

4. Is free legal consultation reliable?

Many times, even if they encounter a legal problem or face a lawsuit, the parties still think that it would be best if someone can help for free, so they may initially try to find a lawyer who provides free legal consultation.

Free legal consultation is not bad, but in fact, every lawyer has received many years of legal training. It is actually unrealistic to ask a lawyer to provide free consultation. If you only ask for free legal consultation, it is difficult to know who the lawyer is. A lawyer who provides free legal advice is not responsible for his or her advice whether or not the lawyer will take the time to carefully evaluate the case. The case has entered the litigation stage, and the initial offensive and defensive strategies are crucial. If there is a slight mistake, it will be more difficult to deal with later. If you want to save costs at the beginning, you will have to pay a more painful price later, so you only rely on It also needs to be evaluated whether the legal advice obtained through free legal consultation is reliable.

5. How to find a lawyer that suits you

There are so many lawyers to search for online, how do you choose? First of all, fake lawyers are prevalent nowadays. First of all, you must make sure that the lawyer you are looking for is a real lawyer and not someone with the name of "Legal Affairs" or "Director". The Legal Department has established a lawyer query system. You can enter the name to find the lawyer with the photo. Lawyer certificate, you can know whether the lawyer really exists.

In addition to confirming that the lawyer is a real lawyer, the most important thing for a lawyer is the trust relationship between the lawyer and the client. Therefore, it is strongly recommended to make an appointment for in-person legal consultation to understand whether you are compatible with the lawyer. You can also consider the following matters:

(1) Whether you have rich professional experience

Just like doctors, if unfortunately they encounter a more serious or difficult disease, patients will definitely want to find an experienced physician to assist.

The training of a lawyer takes a long time. Even if there are many lawyers in the market, if you want to find a lawyer who can really assist you, you must refer to the lawyer's professional experience. If a lawyer has relatively few years of experience in the field or has no experience in handling relevant cases, I believe you are not willing to leave your destiny to such a lawyer.

(2) Legal major

To know whether a lawyer is professional, you can first find out the lawyer's academic qualifications. Secondly, and equally important, is the lawyer’s previous experience. A lawyer who has worked in a medium or large firm should be more trustworthy in terms of professionalism, case experience, responsibility, and pressure tolerance. Moreover, you can know the lawyer's areas of expertise from the lawyer's previous work experience and related background, which will help you identify a suitable lawyer.

(3) The importance of prior consultation and consultation

Many times, after the parties have done their homework, they have initially selected a lawyer who may be suitable. Afterwards, it is recommended to have an interview with the lawyer to understand the lawyer's conversation, case-handling style, whether he is easy to communicate, etc., and you can also use this to make more decisions. Further confirm the lawyer's professionalism and ability to provide assistance.

(4) Whether the case is analyzed based on the facts

A professional lawyer will not just say what the client wants to hear, but is willing to actually analyze the case, tell you both the favorable and unfavorable parts, strengthen the favorable parts, and find ways to supplement the unfavorable parts.

And this also involves the professional ability of the lawyer. If the professional ability is insufficient, I am afraid that he will not be able to accurately analyze the case, predict the thoughts of the judge or prosecutor, and plan subsequent litigation strategies. A lawyer who can truly analyze the pros and cons of the case and the The winning or losing factor is the recommendation of a trustworthy professional lawyer.

Related Reading:How much does it cost to hire a lawyer? How much does a civil litigation attorney cost?

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