Minh Khue Law has received many requests from clients about the need to use lawyer services to resolve disputes in the Court, so in this article, we will specify the process of providing lawyer services to initiate civil lawsuits at the Court for clients to consult and use the service when needed.
Minh Khue Law Firm provides clients with legal services to initiate a lawsuit to resolve civil disputes in the Court according to the following processes and procedures:
1. Researching documents and civil disputes
During this period, the lawyer team assigned to deal with and resolve the dispute of the client will meet the client, receive documents and papers related to the dispute of the client. At the same time, record the information provided by the client to check, verify or instruct the client to collect additional information to have a basis to protect the legitimate rights and interests of the clients, as well as proceed the next steps in the case file.
After having access to the details of the case, the lawyer will study the case, the objective details of the dispute, make a summary of the case, verify key and important issues to serve the next steps in the process of resolving civil disputes.
2. Determine applicable law, determine conditions for initiating a lawsuit
Lawyers need to carefully study the case, from there to determine the legal basis that should be applied to clients, specifically, for each case of civil disputes to be solved in addition to the legal documents as the Civil Procedures and Civil Code, lawyers need to clearly identify specific specialized laws applicable in each case of clients, as well as detailed decrees and circulars.
For example: For disputes related to land transfers, lawyers need to identify relevant laws to resolve the case, first of all is the Land Law, Decrees and Circulars guiding the Law on Land and other legal documents such as the Notary Law (regarding the notarization of land transfer contracts), the Law on Real Estate Business regulate the types of contracts, conditions for land transfer and many other related documents .
From determining the legal basis to apply, studying case files, lawyers will have grounds to identify and assess the conditions to sue the case in accordance with the law, including :
>> See also: Lawyer services consultancy procedure to initiate lawsuit and participate in resolving land dispute
- The dispute of the client belongs to which kind of dispute in accordance with the law;
- Do the individual or organization who are entitled to sue the case meet the lawsuit requirements?
- Clearly identify which agency has the right to resolve disputes for you;
- The case of disputes that clients want to solve and the statute of limitations for settlement according to regulations? If the statute of limitations for initiating lawsuits is over, the lawyers will provide orientations and plans for timely handling to clients;
- Before filing a lawsuit, the lawyer will confirm other eligibility conditions such as whether the client is required to conduct mediation at other competent state agencies? Has the client filed a lawsuit at another competent state agency to resolve the case but has not been processed? Or did the dispute have been previously decided by the Court of competent jurisdiction? ...
Because some cases need to meet conditions such as mandatory conciliation at the local authority or through mediators to be eligible to sue at the Court in accordance with the law. The lawyer will clearly identify the above issues to minimize the risk of the petition of the petitioner being rejected due to failure to meet the conditions for initiating lawsuits in accordance with the law.
3. Collect documents to have a basis to sue
The lawyer will collect or direct the client to collect evidence documents to verify the conditions for suing, the subject may initiate a lawsuit in accordance with the law to ensure the best interests of the customer.
Because for each different civil dispute, associated with each specific case, the documents and evidence of the case are also different, the requirements, wishes and aspirations of each client are different, therefore, lawyers will provide guidance, support and specific answers to the methods of collecting documents and papers for customers corresponding to each case.
>> See also: Legal consultancy on civil cases litigation at the Court
Lawyer service of civil dispute resolution at Court, call: 1900.6162
4. Prepare a petition
- Immediately after having collected all the documents and evidence, found that the conditions for initiating a lawsuit have been met, the lawyer will conduct the preparation of the petition with the appropriate content of the client.
- After completing the petition, the lawyer will transfer the petition to the client for reference, re-check the requested content according to his or her wishes, or exchange, change or supplement the contents / Other requirements for lawyers to adjust the petition.
- If the content of the petition has problems that clients do not understand, the lawyer will answer specifically to the client to understand the problem, ensure the best interests to the client.
Minh Khue Law Firm provides the service of drafting petition for you, including the following specific petitions: Petition in marriage and family; Complaint form in business - commercial activities; Lawsuit petitions in the field of labor cases, labor disputes, health insurance, social insurance; Lawsuit petition in cases of land, apartment and investment projects; Complaints in cases related to inheritance rights; ...
5. Submit a lawsuit petition to a competent state agency
In case clients use the package service or sign an authorization contract with Minh Khue Law Firm, our lawyer representatives will proceed to file directly at the competent state agency for the clients, at the same time on behalf of clients perform the obligation to pay fees and charges as prescribed.
If the client does not request or want to submit the application himself/herself, we will guide the client to file a petition in one of the following forms: Directly, by post, through the national information portal of the Court, advantages and disadvantages of each application. Of course, clients must also submit their own legal fees at the competent state agencies as prescribed to complete the filing procedures.
6. Perform the work after the petition is processed
During this period, the lawyer of Minh Khue Law Firm will exercise the rights and obligations of the authorized representative of the client or defense counsel (the person protecting legal rights and interests) to clients, depending on different cases, the lawyer will advise you on appropriate methods to ensure the best interests for clients, saving time, cost, effort, travel restrictions but achieving efficiency and the highest result for you.
The work that lawyers perform during this period:
- Carry out additional collection and supplementation of evidence documents in the case file after sending the application to agencies, individuals and organizations that are managing and storing such documents;
- Copy and record all evidence, documents provided by the opposing interests, by those with related rights and obligations to find out the advantages and plan for handling those The disadvantage can happen to you in the process of resolving the case;
- Representing or participating in meetings and conciliation at the Court with clients;
- In the process of resolving disputes in the Court, if there is evidence to prove that there is no impartiality, objectivity when resolving a case of one of the proceeders, or under compulsory cases must change the procedure conductor, the lawyer can draft an application for changes: Judges, People's Assessors, Clerks, Procurators and other proceeding components according to the provisions of law. ;
- Prepare questions to clarify the issue in dispute, discussion and arguments to defend and protect legitimate rights and interests for clients at the trial;
- Performing other jobs stipulated by law to best support legal aspects for clients.
7. Handling legal issues after the final decision of the Court
When there is a final decision/verdict of the court, the lawyer can provide support and advice to clients in accordance with the requirements of clients, specifically:
- Client agrees with the Decision/Judgment of the Court, the lawyer will guide the clients with procedures to execute the judgment in accordance with the provisions of the Law on judgment execution, as well as the Decision / Verdict of the Court;
- Clients do not agree with the decision / judgment of the Court, the lawyer will instruct the client to draft an appeal if the case is resolved in the Court of first instance, or draft a petition to have the subject competence (Chief Judge of People's Courts at all levels and directors of People's Procuracies at different levels for each case) to appeal according to reopening procedures if the cases have been solved at the Court of Appeal.
Note: If a client wishes to file an appeal or a petition for a competent subject to appeal, additional evidence must be gathered to prove that the Court's Decision / Judgment is not right according to objective details of the case. The lawyer will advise each client on a case-by-case basis so that the client chooses to accept the Court's Decision / Judgment or make an appeal / Request the competent entity to appeal.
If there are any problems arising or there is a need to use lawsuit lawyer services, lawyers protecting legitimate rights and interests in civil cases, please contact us through the phone number 1900.6162
or send a request to email [email protected]
for advice and support, detailed quotation.
Civil Law Department - Minh Khue Law Company
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