Recently, Anqing villagers consulted, saying that they spent 3k on the Internet to ask "legal affairs" to write a complaint, and asked me to help check it.
The facts of the case are simple, a dispute over a sales contract, the villager to Guizhou customer **Taji, the customer's balance of 4w was not paid, and the request was fruitless, and the lawsuit was filed.
I read the complaint, and the identity of the original defendant in the complaint was confused, the statement was unclear, the complaint was unclear, and he did not even claim interest on overdue payment, and the most terrible thing was that this "legal officer" chose to sue in a city in Guizhou, 1,500 kilometers away from us, without an agreement on jurisdiction.
I wonder if the in-house counsel only knows the jurisdiction principle of "the plaintiff is the defendant", but does not know that in the case of a dispute over a sales contract, where the subject matter of the dispute is the payment of currency, the place of performance of the party receiving the currency is located, and Anqing also has jurisdiction. If the interests that should be fought for are not pursued, the litigation should not be increased in vain.
I would like to take this case to tell you how to choose a reliable lawyer?
Identify law firms and "lawyer" firms
At first glance, isn't there no difference? This is what really happened, and a legal consulting company in Hubei named it "Law Shuai Law Firm". When you encounter such a situation, you are not consulting a lawyer, but a "legal officer" who has been hired after simple training.
In order to seize the market, legal consulting companies often illegally undertake cases in the name of lawyers, and obtain customers by means of low-price solicitation and false promises. However, due to the lack of supervision, customers often have no way to complain after discovering that they have been deceived.
Therefore, when choosing legal services, you must choose a law firm, and you can check the brand of the law firm on the official website of the lawyers association to understand the reputation of the law firm in the industry, which is relatively secure, but more importantly, the lawyer is the individual.
Inquire about the lawyer's individual practice
Information such as the length of a lawyer's practice, evaluation, rewards and punishments, etc., can be queried on the national lawyer practice integrity information publicity platform to ensure that it is the lawyer himself who is connected with you, not the front-end sales. The quality of legal services depends on the lawyer's professional quality, practice experience and work attitude. It is recommended to consult in person for litigation cases to feel whether the lawyer's professionalism and demeanor are trustworthy.
When encountering these lawyers, you should choose carefully
A lawyer who promises the outcome of the case
The outcome of the case depends on many uncontrollable factors such as the evidence adduced by both parties, the change of law, and the judge's understanding, and no one can guarantee the outcome when accepting the commission, just as the doctor cannot guarantee the success of the operation before the operation. Therefore, the Measures for the Administration of Lawyers' Practice and the Code of Conduct for Lawyers' Practice both make it clear that lawyers must not make promises to their clients about the outcome of a case. Promising the outcome of a case is often a manifestation of irresponsibility.
A lawyer who brags about being very familiar with the case-handling agency
The outcome of a simple case depends on the evidentiary facts and legal support; Complex cases generally need to be discussed by the adjudication committee, and if the first instance is lost, there are procedures such as the second instance and trial supervision. Although there are still very few unjust, false and wrongly decided cases, no one can change the trend of the rule of law. Moreover, with the current system of lifelong responsibility for handling cases, the public procuratorate, procuratorate, and law are rarely willing to deviate from the facts and the law at the cost of their own future, and make judgments that cannot stand the test.
Lawyer Hu believes that winning what should be won and losing less is winning the lawsuit and being reliable.
Hefei lawyer