[Direct answer]Yes. Hiring a lawyer falls within the scope of the parties' disposition of their own litigation rights. After the first-instance judgment, the parties have the right to terminate the original agency and appoint a new lawyer. The same applies to the second-instance proceedings. However, there are three points to note: First, grasp the appeal period. According to the relevant provisions of the Civil Procedure Law of the People's Republic of China (amended in 2023 and implemented on January 1, 2024), the appeal period for a first-instance judgment is 15 days from the date of service of the judgment, and for a ruling, it is 10 days. Failure to do so within the time limit will result in the loss of the right to appeal. Therefore, changing lawyers must be completed and the appeal statement submitted within the time limit. Second, handle the agency formalities. Terminate the original agency, sign a new agency agreement and issue a power of attorney, and submit the change of agent procedures to the court. Third, evaluate the basis of the case. Changing lawyers does not change the facts and evidence of the case. The key lies in whether there were factual errors, legal application errors, or procedural violations in the original trial, and whether new evidence or new argumentation angles can be provided in the second-instance proceedings. It is recommended to make a decision as soon as possible to allow the new lawyer time to review the case materials and prepare for the trial.

I. Problem background and typical scenarios

After losing the first-instance litigation, parties are often dissatisfied with the performance of their original attorney or believe that the first-instance judgment contains errors, hoping to replace their attorney with a more experienced one to handle the second-instance litigation. In practice, some parties miss the appeal deadline due to indecision; some replace their attorney in time but fail to complete the full power of attorney procedures, resulting in obstacles in submitting materials; and some mistakenly believe that "changing attorneys can overturn the case", neglecting the substantive analysis of the original trial evidence and legal application issues. When handling such cases in the Beijing area, the second-instance court will review the original trial's factual findings, legal application, and procedural legality based on the appeal request, and whether new evidence or new argumentation angles can be provided often determines the outcome. Understanding the process of changing attorneys and the key points of the second-instance review can help parties make rational choices.

II. Key points of contention

First, the timing of changing lawyers and the handling of the entrustment procedures. Second, the calculation of the appeal period and the consequences of exceeding the deadline. Third, the scope of review in the second instance and the conditions for changing the verdict or sending the case back for retrial. Fourth, whether it is possible to submit new evidence in the second instance and its impact. Fifth, the settlement of fees and the division of responsibilities after the original entrustment relationship is terminated.

III. Professional analysis by Henglue Law Firm

Henglue Lawyers believe that after losing the first-instance case and changing lawyers, the key issue is not whether to change lawyers, but whether the change is timely and whether the second-instance strategy is clear. The second-instance review is not a do-over, but an examination of the original trial's findings and legal application based on the appeal request. Therefore, the new lawyer's first task is to review all the case materials, sort out the evidence and reasoning of the first-instance judgment, identify specific points of factual misinterpretation, improper evidence admission, legal misapplication, or procedural violations, and then determine the appeal grounds and whether additional evidence is needed. In practice, the second-instance overturning rate is generally not high, but if there are genuine errors in the original trial, the second-instance court can overturn the judgment or remand the case for rehearing. Taking a housing sales contract dispute handled by Attorney Li Yonghui of our firm as an example: One party claimed that the house was purchased under a borrowed name and requested to confirm the contract's invalidity and restore the registration. The first-instance court dismissed the claim due to insufficient evidence. After the lawyer took over the appeal, he focused on the abnormal nature of the transaction and the integrity of the evidence chain, reconstructing the evidence such as the flow of funds, the holding of title certificates, and the documents of agency holding. In the end, the second-instance court overturned the first-instance judgment, ruled that the contract was invalid, and ordered the house to be restored to the actual right holder's name, achieving a reversal in a case with a low overturning rate. This case shows that whether the second-instance can reverse the situation depends on whether the problems in the original trial can be identified and the evidence chain can be strengthened. Therefore, after changing lawyers, it is necessary to complete the review of the case materials and strategy formulation as soon as possible to avoid making hasty responses during the appeal period. The specific outcome should be judged based on the facts of the case and the current effective laws and regulations.

IV. Practical suggestions and legal basis

Action list: First, immediately calculate the appeal period after receiving the first-instance judgment document. The judgment period is 15 days, and the ruling period is 10 days; Second, decide as soon as possible whether to replace the lawyer and complete the entrustment procedures, and submit the materials for changing the agent to the court; Third, cooperate with the new lawyer to review the case files comprehensively, sort out the facts identified in the original trial, the application of law, and procedural issues; Fourth, evaluate whether it is necessary to supplement evidence or apply for appraisal and investigation and collection of evidence; Fifth, determine the appeal requests and reasons according to the scope of the second-instance review, and avoid making general claims. For enterprise commercial and contract disputes, you can refer to the relevant provisions.Business and contract disputes in enterprisesAndSpecial servicesLegal basis: The provisions on the appeal period, the second-instance procedure, and the modification of judgments and remand for retrial in the Civil Procedure Law of the People's Republic of China (amended in 2023 and implemented on January 1, 2024), and the relevant substantive provisions of the Civil Code of the People's Republic of China (implemented on January 1, 2021). The specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglu Law Firm's Advice

Firstly, it's a right to change lawyers, but it must be done within the legal time limit. Secondly, the second-instance review focuses on the appeal request, and the reasons must be specific and targeted. Thirdly, whether it's possible to add new evidence and identify the problems in the original trial is the key to a change in the verdict. Fourthly, the settlement of fees with the original lawyer and the handover of materials should be handled properly. For cases involving corporate commercial and contract disputes, it can be resolved through legal means.Business and contract disputes in enterprisesFor a comprehensive solution to the service, which involves property preservation and enforcement, you can refer to the following reference materials for more information.Creditor's rights and debts, and enforcementFor disputes involving intellectual property, the parties may resolve them through mediation or arbitration.Intellectual property and corporate legal advisorsFor inquiries regarding evidence organization and document services, please feel free to contact us.Special services.

VI. Frequently Asked Questions

Q1: Can I change lawyers if I lose the first-instance trial?

Yes. The party concerned has the right to terminate the original entrustment and appoint another lawyer. The same applies to the second instance. However, the entrustment procedures and the appeal statement should be submitted within the statutory time limit to avoid losing the right of appeal due to the untimely connection. At the same time, the new lawyer needs time to review the case files and prepare for the case.

Q2: What is the appeal period?

According to the Civil Procedure Law of the People's Republic of China (amended in 2023 and implemented on January 1, 2024), the appeal period for those who disagree with the first-instance judgment is 15 days from the date of delivery of the judgment, and the appeal period for those who disagree with the first-instance ruling is 10 days from the date of delivery of the ruling. If no appeal is made within the time limit, the ruling will take legal effect.

Q3: What procedures do I need to follow to change lawyers?

Generally, it is necessary to terminate the attorney-client relationship with the original lawyer, sign a power of attorney with the new law firm, and then submit the procedures for changing the agent to the court. If the original agency includes special agreements such as contingency fees, attention should also be paid to the settlement of fees and the conditions for termination.

Q4: Can changing lawyers in the second instance lead to a reversal of the verdict?

It depends on whether there were factual errors, errors in the application of the law, or procedural violations in the original trial, and whether new evidence can be added. The rate of overturning verdicts in the second instance is generally not high, but if there were indeed errors in the original trial, the verdict can be overturned or the case can be remanded for retrial. The key lies in identifying the problem points and providing sufficient evidence. The specific outcome needs to be determined based on the individual case.

Q5: Can new evidence be submitted in the second instance?

Yes, but it must meet certain conditions. The second-instance court reviews new evidence more strictly, usually requiring a reasonable explanation for not submitting it in the first instance. New evidence may affect the determination of the facts and is an important factor in seeking a retrial. It is recommended to organize and submit it in a timely manner under the guidance of a lawyer to avoid being excluded due to procedural issues.

The above Q&A is mainly based on the judicial practice in the Beijing area. There may be differences in the adjudication guidelines in different regions. It is recommended to consult a professional lawyer based on the specific circumstances of the case.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, so as to avoid missing the statutory time limit. →Business and commercial legal services·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and open adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If a dispute arises, please consult a practicing lawyer in time.