[Direct answer]In the Beijing area, the scope of business of civil and commercial litigation lawyers typically covers six categories. First, contract and sales disputes, including breach of contract and termination of loan contracts, contractor contracts, service contracts, and sales contracts; Second, company and equity disputes, including shareholder contributions, equity transfers, the effectiveness of company resolutions, and shareholders' right to information; Third, creditor-debtor and enforcement cases, including creditor confirmation, litigation and arbitration coordination, and additional and objection procedures in the enforcement process; Fourth, civil disputes over intellectual property, including trademark, copyright, and patent infringement cases; Fifth, real estate and construction project disputes, including commercial housing sales, house leasing, decoration, and project payment disputes; Sixth, commercial arbitration, including pre-arbitration risk assessment and arbitration procedure representation. The Civil Procedure Law of the People's Republic of China (amended in 2023 and implemented on January 1, 2024) and relevant arbitration rules form the procedural basis, while substantive rights are determined in accordance with the Civil Code of the People's Republic of China (implemented on January 1, 2021). For reference only.Business and contract disputes in enterprisesThe service description in the column.

1. Problem background and typical scenarios

Most of those who consult this issue are enterprises or litigants who need to hire litigation lawyers. There are three common scenarios: disputes over contract performance requiring the assertion of rights; commercial arrangements failing and needing to confirm the validity of the contract; and difficulty in enforcing effective documents requiring protection through execution procedures. The most common misunderstanding in practice is to only look at the lawyer's business label, while ignoring the actual experience and working methods of the attorney. The outcome of civil and commercial litigation is often determined before the case is filed: whether the request is clear, whether the jurisdiction is correct, whether the evidence is sufficient, and whether the property clues are clear. These judgments directly affect the final outcome. Therefore, when choosing a lawyer, it is important to understand how they design the request and evaluate the feasibility of execution.

II. Key points of contention

Focus One: The design and enforceability of the litigation request. Focus Two: The jurisdiction of the court and the effectiveness of the arbitration clause. Focus Three: The organization of the evidence system and the allocation of the burden of proof. Focus Four: The commencement and interruption of the statute of limitations. Focus Five: The timing of property preservation and the cost of guarantees. Focus Six: The handling of situations involving the intersection of civil and criminal law. Focus Seven: The division of responsibilities among multiple parties. Focus Eight: Enforcement and additional measures after the judgment takes effect. For reference on enforcement and realization pathways, please refer to the following resources:Creditor's rights and debts, and enforcementThe description in the column.

III. Professional analysis by Henglue Lawyers

Judging from the experience of handling civil and commercial litigation, the processing of cases typically exhibits three stages. The first stage is pre-litigation diagnosis: it requires reviewing case files and conducting investigations to determine the claims, jurisdiction, and evidence. Among these, the most easily overlooked aspect is the assessment of enforcement feasibility. If the defendant has no assets, it will be difficult to achieve a favorable judgment. The second stage involves procedural advancement, including jurisdiction objections, property preservation, expert appraisal applications, and the management of evidence presentation deadlines. Each of these milestones may impact the final outcome. The third stage focuses on substantive trial and enforcement, which requires organizing cross-examinations and debates around the disputed issues and promptly facilitating the transition to enforcement after the judgment is rendered. Lawyers' value primarily manifests itself in the first two stages, as the outcomes of many cases are already determined by the evidence and the design of the claims before the trial. This also explains why professional litigation representation cannot be measured solely by the number of court appearances.

IV. Practical suggestions and legal basis

Action recommendations: 1. Identify the focus of the dispute and specific claims rather than making general demands for rights protection. 2. Review the jurisdiction or arbitration clauses in the contract to confirm the choice of procedure. 3. Systematically organize evidence and mark the timeline. 4. Calculate the statute of limitations and pay attention to the circumstances that interrupt it. 5. Assess the need for property preservation and estimate the cost of guarantees. 6. Verify the other party's financial status and repayment capacity. 7. Design an execution follow-up plan after the judgment takes effect. Legal basis: - The Civil Procedure Law of the People's Republic of China (amended in 2023 and implemented on January 1, 2024) regarding jurisdiction, evidence, and preservation; - The Arbitration Law of the People's Republic of China (adopted on August 31, 1994 and amended and implemented on December 27, 2017) regarding arbitration agreements and procedures; - The Civil Code of the People's Republic of China (implemented on January 1, 2021) regarding contracts and creditor's rights; - Specific provisions shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglu Law Firm's Reminder

First, the design of the request directly affects the execution effect, and general requests are difficult to gain support. Second, the jurisdiction and arbitration clauses may directly determine the direction of the procedure, and they need to be checked in advance. Third, the statute of limitations is a common point of failure, and it should be managed separately. Fourth, the timing of property preservation should be as early as possible, but the cost of guarantees needs to be evaluated. Fifth, the feasibility of execution should be assessed before entrusting, rather than considering it after winning the case. Sixth, the cases involving civil and criminal cross-over need to be evaluated separately to avoid mutual interference. Seventh, the division of responsibilities in multi-party cases requires sufficient evidence to support it. Eighth, in cases involving the confusion of related enterprises, the independence of personnel, property, and business should be checked carefully. Ninth, in complex cases spanning multiple years, special attention should be paid to the segmented calculation of the statute of limitations. Tenth, when entrusting, it should be clearly required that the other party explain the method and conclusion of the feasibility assessment of execution, and the assessment approach can be referred to.Creditor's rights and debts, and enforcementColumn.

VI. Frequently Asked Questions

Q1: What exactly do civil and commercial litigation lawyers do?

It typically covers six types of business: contract and sales disputes, corporate and equity disputes, creditor-debtor and enforcement disputes, real estate and construction projects, intellectual property civil disputes, and commercial arbitration. The specific work in practice includes: pre-litigation diagnosis of requests and jurisdiction, design of litigation requests and evidence plans, procedural advancement and preservation applications, substantive hearings and cross-examinations, and post-judgment enforcement coordination. The relevant service scope can be referred to for reference.Business and contract disputes in enterprisesColumn.

Q2: When is it necessary to hire a litigation lawyer?

Generally, it is considered in three situations: first, when the amount of the dispute is large or the consequences are serious; second, when it involves multiple legal relationships and the division of responsibilities; third, when there are issues such as the statute of limitations, property preservation, or jurisdiction. In addition, if the other party is complex and may enter the enforcement process, it is more valuable to entrust a lawyer in advance. For simple disputes with a small amount, you can handle them yourself, but you need to pay attention to the statute of limitations and evidence.

Q3: How do lawyers charge their fees?

There is no unified standard. Common methods include fixed fees based on stages, hourly billing, fees based on the proportion of the amount in dispute, and contingency fees. The choice of billing method should match the nature of the case: cases with clear requests and clear property clues are suitable for contingency fees; complex procedures requiring extensive investigation and evidence collection often use a combination of fixed fees and hourly billing. Before entrusting the lawyer, a written contract should be required, which should specify the service stages, deliverables, and payment milestones.

Q4: Should we go for arbitration first or litigation first?

It depends on the contractual provisions. If there is a valid arbitration clause, the parties usually apply to the agreed arbitration institution for arbitration, and the court will no longer accept the same dispute; otherwise, they can file a lawsuit with the court. It should be noted that the validity of the arbitration clause itself may also become a subject of dispute, such as claiming that the clause is invalid or the agreement is unclear. Therefore, before initiating the procedure, the validity of the clause should be evaluated first to avoid switching to the wrong procedure. For specific evaluation ideas, please refer to the following link:Business and contract disputes in enterprisesColumn.

Q5: What should I do if the other party refuses to pay after winning the lawsuit?

After the judgment takes effect, the party concerned should apply for enforcement in a timely manner and provide clues to the debtor's assets at the same time. During the enforcement stage, the party concerned may apply for investigation and control of the debtor's real estate, vehicles, bank deposits, and equity; if any evasive enforcement behavior is found, the party concerned may apply for taking corresponding measures. If there are other debtors who can be added to the enforcement, the party concerned may claim against them according to law. It should be noted that winning the lawsuit does not mean getting the money back, so the investigation of the debtor's assets should start during the litigation stage. For specific application methods for enforcement, please refer to the relevant provisions.Creditor's rights and debts, and enforcementColumn.

The above content is based on the judicial practices in the Beijing area. The facts of individual cases and the jurisdiction of the court may affect the conclusions. Welcome to consult Henglue Lawyers about specific situations.

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. →Corporate 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 you encounter disputes, please consult a practicing lawyer in time.