Lawyers handle civil case procedures, case acceptance and review→ entrustment formalities handle → evidence collection, review, signature and custody→ drafting and confirmation of litigation documents, confirming → filing→ case trial → case closure first

Lawyers handle the process of civil cases

Case Acceptance and Review → Entrusting formalities to handle → evidence collection, review, signature and storage

Drafting and confirming → litigation documents→ filing→ case trial → closing

Stage 1: Case Acceptance and Review

(1) Determination of the "cause of action": After analyzing the basic legal relationship and legal nature of the entrusted matters, and making a judgment.

(2) Applicable legal norms: Find out the corresponding laws, regulations, judicial interpretations and other relevant legal provisions involved in the dispute.

(3) The parties' qualifications as subjects of litigation: eligibility; incompatibility and reasons, and the establishment and determination of a third party are also considered

(4) Conflict of interest: no conflict; reasons for conflict.

(5) Limitation of limitations: limitation of arbitration, limitation of actions, limitation of appeal

(6) Competent and jurisdiction: within the scope of acceptance by the people's court; arbitration clauses, written arbitration agreements and their validity; agreement jurisdiction clauses and their effects; exclusive jurisdiction; and special territorial jurisdiction.

The second stage: entrustment procedures

(1) The law firm and the client sign the "Entrustment Agency Contract" in duplicate, one copy to the client and one copy to the lawyer who undertakes the case file for archiving.

(2) The client signs the "Power of Attorney" in triplicate, one blank at the "entrusted person" and the "date of entrustment", in case of temporary replacement of the client for any reason, and issue a certificate of collection of lawyers' fees in accordance with the agreement.

(3) Issue a "Law Firm Official Letter" and submit it to the department accepting the case.

(4) Fill in the "Customer Materials Signing List", and deliver the "(Civil Entrustment Agency Contract", "Lawyer's Fee Collection Certificate", "Litigation Risk Notice" and "Case Handling Quality Supervision Card" to the customer.

(5) Analyze the facts of the case and draft the "Thoughts on Case Representation".

The third stage: evidence collection, review, signature and custody

(1) Investigate and collect evidence from clients.

1. It is recommended that the client provide evidence, which should be "many and complete", so as to facilitate the removal of falsehood and the preservation of essence.

2. For the facts of the case stated by the client, a "Record of the Lawyer Receiving the Parties' Conversation" shall be drafted.

(2) Investigate and collect evidence from witnesses, opposing parties, and state organs.

(3) Applying to the people's court for investigation and collection of evidence 1, submitting a written application to the people's court; 2. The time of submission

(4) Review and screen evidence, considering 1, the source of evidence; 2, the formation and production of evidence; 3, the time, place and surrounding environment of evidence formation; 4, the type of evidence; 5, the content and form of evidence; 6, the facts to be proved by the evidence and its relevance to the case; 7, the relationship between the evidence; 8, the basic situation of the evidence provider; 9, the relationship between the evidence provider and the case or the parties to the case; 10 the legality and objectivity of the evidence; 11 the probative force of the evidence.

(5) Signing, keeping, and exchanging evidence.

The fourth stage: drafting and confirmation of litigation documents

(1) Draft the Civil Complaint, considering: 1. Determining the identity of the defendant as the subject and providing relevant evidence to prove the parties' qualifications as the subject of the litigation; 2. Determining the matters of the litigation claim; 3. Providing facts and evidence proving that the civil legal relationship is based on which it occurred, changed, and extinguished; 4. Determining that the plaintiff has fulfilled relevant legal obligations and evidence in accordance with the civil legal relationship.

(2) Draft the Civil Reply, considering: 1. Determine whether the plaintiff's subject identity meets the qualifications of the subject of the litigation and provide relevant evidence, determine whether the respondent is a qualified defendant subject, and provide relevant evidence; 2. Conduct a comprehensive analysis of the plaintiff's litigation claims and put forward general opinions; 3. Provide facts and evidence to prove that the occurrence, modification and extinction of civil legal relations are consistent with the plaintiff's reasons for claim; 4. Provide the respondent with relevant legal obligations and evidence under the civil legal relationship or justify the inability to fully perform the legal obligations.

(3) In drafting the Civil Counterclaim, it should also be noted that: 1. The defendant in this lawsuit shall file a complaint with the plaintiff in this lawsuit; 2. It shall be filed with the court accepting this lawsuit; 3. The counterclaim and the claims of this lawsuit must be able to apply the same kind of litigation procedures.

(4) Confirm the litigation documents with the entrusting parties 1, make corrections, and amend them; 2. Prepare a mediation plan in advance.

The fifth stage: filing a case and submitting relevant materials

(1) Prepare the "List of Submitted Materials (Evidence)" to submit litigation materials: 1. Substantive materials; 2. Procedural materials.

(2) Apply for pretrial mediation.

(3) Sign and receive the "Notice of Case Acceptance".

(4) Pay litigation costs.

Stage 6: Case Trial

(1) Determine the date of the hearing: 1. Receive the summons for the hearing; 2. Report to the entrusting party

(2) Determine the ideas for cross-examination, and draft cross-examination or rebuttal opinions.

1) For physical evidence, consider: 1. 2. The authenticity of the physical evidence; 2. The connection of the physical evidence to the present case; 2. Links between physical evidence and other evidence; Whether the procedure for obtaining the physical evidence is lawful.

2) For documentary evidence, consider: 1. 2. Whether the documentary evidence is original; 2. The authenticity of documentary evidence; 2. Legitimacy of documentary evidence; 5. The facts to be proved by documentary evidence; 6. Contradictions between documentary evidence and other evidence; The source of documentary evidence.

3) For witness testimony, consider: 1. 2. The witness's relationship with the parties, in particular with the other party, and whether or not he has an interest in the case; The source and legality of witness testimony.

4) For audiovisual materials, consider: 1. 2. When, where and around it was acquired and formed; 2. Whether there is shear or not; 3. 4. The process of collection and its legality; The connection between the facts to be proved and the case.

5) For appraisers and appraisal conclusions, consider: 1. 2. Qualifications of the appraiser; 3. The relationship between the appraiser and the parties; 2. Basis and materials of the appraisal; Identification of equipment and methods.

(3) Discuss and confirm trial countermeasures with the entrusting parties:

1. Entrusting the parties to appear in court, informing them of the matters that should be paid attention to when appearing in court and answering questions from the court and/or the other party's representative;

2. Entrusting the parties not to appear in court.

(4) Discuss and confirm the mediation plan with the entrusting parties.

Stage 7: Closure of the case

(1) Collect judgment documents.

(2) First report the outcome of the case with the entrusted parties; analyze the judgment documents, and draft a "Case Closure Report".

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