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In trials, there are many "personal lawsuits" that do not involve a lawyer.
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Advantages and disadvantages of personal litigation
- No request to a lawyer
- One of the merits of the proceedings is that there are no costs involved in the proceedings other than the actual costs such as stamps.Attorney fees vary depending on the fee structure of each individual lawyer, but in many cases it costs more than 10 yen..
- I can insist on what I want to say
- Tell the court what you say[Annotation 1]Can be involved in the proceedings as the protagonist.
- You have to write your own
- Not asking for an agent means that you have to prepare the documents (claims and evidence) to be submitted to the court.There is a unique part in the writing style, and it is difficult for those without specialized knowledge to develop claims and counterarguments in accordance with the provisions of laws and regulations..
- It is not impossible to consult with the court, but since the court must be neutral, we cannot give advice that would be advantageous to only one party, and only respond to procedural and formal matters..
- I can't respond appropriately
- In trials, there are occasions when you are forced to take specialized procedures and responses.Please note that if you do not respond appropriately, you may be disadvantaged, and if you do not submit it in the correct format, you may not be able to receive materials and evidence.
- In addition, there are many cases where the proof of claim is legally meaningless or confusing, and it is difficult for the courts to engage with each other, so the courts tend to avoid it, and there are many cases where the court recommends that you consult a lawyer.Even if an agent such as a lawyer is appointed later, it may be too late because the proceedings that have already been concluded cannot be canceled.
- Witness cross-examination cannot be done effectively
- In personal litigation, there are many parties who try to refute the other party in cross-examination or address their own theory..
- However, the witness cross-examination in a civil lawsuit is just a method of examining evidence to find facts from witness statements., Even if you deviate from this purpose and give a speech or a speech, it will not lead to a victory.
- If you are a lawyer, you have specialized training, you can grasp the detailed rules of witness cross-examination, you can think about what to ask, how to ask questions and strategies to draw out the testimony you need, but it is effective in personal litigation Difficult to do.
- Interrogation of the parties cannot be done effectively
- There is also a procedure called cross-examination, in which the parties are cross-examined instead of the witnesses of a third party, and the parties have the opportunity to state their experiences in the form of answering the questions.
- If you have a lawyer, you can have a meeting in advance, formulate easy-to-answer questions about the main cross-examination, prepare measures for counter-examination, and rehearse.Even if you get nervous during the performance, you can ask a lawyer to help you.However, in the case of the person in question, the main cross-examination of the parties concerned will be conducted by the judge based on the submitted cross-examination matter, so prior meetings are not possible and no help ship can be expected even in the actual case..
- There is a risk of making a mistake in selecting evidence
- To win the case, you need evidence to support your claim.In some cases, you may overlook legally important evidence, or the evidence you submit in the belief that it is in your favor may work in your favor.
- I can't keep calm
- Personal litigation tends to be emotional because it does not involve an agent.
- You may not be able to make a calm judgment, or you may not be able to give a calm opinion.You may make a careless remark and use it by the other party.
- It takes time and stress
- It takes a lot of time and effort to do it yourself, even when reading several manuals for personal proceedings, going to courts, compiling evidence for submission, and filing it.It is also important that it is very stressful to fight the trial to the end alone.
- You have to appear in court yourself
- Of course, because there is no agent, the trialDeadlineYou have to appear in court yourself.In a corporation, the representative (president, etc.) must appear by himself, and the time of the manager is restricted..
- trialDeadlineIs open only on weekdays, so individuals will have to take a break from work.
- Win rate goes down
- As explained in the section below, the winning percentage is significantly lower in the case of a personal litigation than when there is a lawyer.
Cases suitable for personal litigation
- When the proceedings are simple
- If the proceedings are simple, such as "I want you to return the loaned money" or "I want you to pay the rent that is in arrears", it is expected that the proceedings will be completed in a short period of time, so there are many cases where there is no problem in the proceedings. ..In these cases, the other party has no money and rarely hires a lawyer.
- Cases where there is almost no conflict of opinion between the parties
- In civil proceedings, facts that are not disputed between the parties can be found without proof (Civil Procedure Law, Article 179, Article 159, Paragraph 1). It is expected that the preparation work will be reduced and no interrogation will be required.For example, in the case where the product is delivered according to the contract, but the payment is delayed due to a mere lack of funds, and no matter how many times the reminder is made, the payment is not voluntary. It's not difficult to deal with a lawsuit.
- If you have objective evidence
- If you have solid evidence (in your favor) such as contracts, invoices, and email documents, and if the amount of damage and the date and time of the contract are clear, you may not need complicated legal claims or cross-examination of witnesses. Expected to be able to respond even to cross-examination.
- Cases under the jurisdiction of the summary court
- It depends on the area, but in the summary courtJudiciaryMay be involved in organizing discussions, making it easier for parties unfamiliar with the law to understand.
- Also, in the case of a corporation, in the summary court, the employee can be made to appear as a licensed agent with the permission of the presiding judge, so it is also an advantage that the manager does not have to appear in court..
Percentage of personal litigation
One of the characteristics of Japanese civil proceedings is that the proportion of personal proceedings is higher than that of overseas.Even in the High Court, 7.9% of the cases are in person, and only 6% of the cases have a lawyer for both the plaintiff and the defendant.
- District court civil cases (ordinary proceedings) 21 cases (2490)
- Both have agents ... 30.0%
- Plaintiff's lawsuit …… 4.1% (lawyer only for defendant)
- Defendant's lawsuit …… 43.4% (plaintiff only lawyer)
- Both sides litigation …… 22.6%
- Summary court civil cases (ordinary proceedings) 55 cases (798)
- Both have agents ... 2.8%
- Plaintiff's lawsuit …… 3.9% (lawyer only for defendant)
- Defendant's lawsuit …… 34.3% (plaintiff only lawyer)
- Both sides litigation …… 58.9%
- Civil cases of small-amount proceedings (ordinary proceedings) 2754 cases (2011)
- Both have agents ... 0.4%
- Plaintiff's lawsuit …… 2.9% (lawyer only for defendant)
- Defendant's lawsuit …… 7.9% (plaintiff only lawyer)
- Both sides litigation …… 88.8%
Win rate of personal litigation
According to 2010 statistics, the content of each case varies and it is not possible to make a simple comparison, but it is more likely that a lawyer will win the case.The "plaintiff's winning percentage" is listed below.
- Both have agents ... 67.3%
- Plaintiff's lawsuit …… 32.4% (lawyer only for defendant) …… Win rate 34.6% down
- Defendant's lawsuit …… 91.2% (plaintiff only lawyer) …… Win rate increased by 24.2%
- Both sides litigation …… 67.0%
Prominent person litigation
- ^ It should be noted that, as mentioned in the Disadvantages section, this can intensify emotional conflicts between the parties and is not always an advantage.
- ^ Naoki Tani 2018, Chapter 1 XNUMX
- ^ a b "Pros and cons when the proceedings are filed by the person himself (personal proceedings) and when a legal expert acts as an agent”. Tokyo Scrivener Association. 2021/6/13Browse.
- ^ a b c d Naoki Tani 2018, Chapter 2 XNUMX
- ^ "Civil lawsuit Q & A”. Sapporo District Court. 2021/6/13Browse.See Q1 and Q15
- ^ "Witness cross-examination”. Lawyer corporation Shinrai Law Office (July 2017, 7). 2021/6/13Browse.
- ^ Hiroshi Takahashi 2014, p. 99
- ^ a b c Naoki Tani 2018, Chapter 3 XNUMX
- Hiroshi Takahashi"Civil Procedure Law Priority Lecture" Yuhikaku Publishing Co., Ltd., 2014, 2nd Edition, Revised Edition.ISBN 978-4-641-13688-5.
- Naoki Tani, "A textbook for small and medium-sized enterprises and sole proprietors taught by a lawyer, top and bottom volume set (procedure preparation & trial practice) Kindle version" Nagasaki Kokusai Law Office, 2012.
- Kazuyoshi Miura"No Lawyer Needed: Personal Litigation Winning Manual" Ohta Publishing, 2003.
- Toyoaki Ishihara, Teru Ishihara, Jiro Hirai, Toru Kunibe "The proceedings can be done by the person himself"Jiyuminsha, February 2010.ISBN 978-4426109813 .
- Toshiko Machichu "Actual record: A fallen businessman's attempt to make a labor trial Labor trial edition: You can make a proceeding by yourself! Kindle Edition ”, 2018.
- Akira Tachibana, "Introduction to Trials for Cowards," Bunharu Shinsho, 2012.