Keywords: lawyer practicing risk prevention

   Primer

   The following case is not sensational:

   In August 12, 1999, Henan province Ruzhou city attorney Guo Zhenwei because of the black evil forces, to command others to commit a crime and was sentenced to.

   By the end of 2000, Henan law firm lawyers Jinhe Zhao Bingyin and other lawyers this by Marvin etc. five minors suspected of robbery. Zhao lawyer pleaded innocent to Marvin, the court finds that the five defendants not guilty. In March 15, 2001 he was Marvin a case undertaker, Zhengzhou City Public Security Bureau according to "criminal law" Article 306 for perjury detention. Where is the reason? Originally involved in the investigation of public security personnel were as a result of the case and awards for meritorious service, and has opened in recognition of the general assembly. The public security organs so angry at the defense lawyer

   In February 28, 2002, by the Hebei Provincial Higher People's court commissioned, Baoding City Intermediate People's court made a final ruling on Shijiazhuang lawyer sun Xiang Fei bribery case: upheld, Sun Xiangfei was sentenced to one year, two years of probation.

   In July 7, 2003, Zhang Zhentao, backbone lawyers Zhejiang hardware firm. His agent together with ordinary civil cases: Chen birds fly v. Lv Yongliang sale contract dispute case verdict on the eve of the other party Lv Yongliang, along with three other four went into Zhang Zhentao's office, Zhang Zhentao perjury by beatings, chapter, the chapter head, shoulder and so many wounded.

   A former professor at Huaibei Coal Industry Teacher's College in Anhui in 2004 June, Department of politics and law, Anhui law firm lawyers Wang Hongzhu Dongshan part-time for crime of fabricating evidence, has been sentenced to zero six months a year in Huaibei city Lieshan District People's court sentenced.

   In August 31, 2004 Cheng Kejie, Li Jizhou defense lawyers Zhang Jianzhong forgery case maintain the final judgement of the Republic of Beijing and director of law firm Zhang Jianzhong suspected of helping forgery case has been completed in the Beijing high court. City high was rejected Zhang Jianzhong's appeal, maintain the city court sentenced a two-year sentence results.

   In September 20, 2004, director of law firm lawyers Zheng Baichun village in Xining city commissioned by Zhang Lin of the self-employed, agent Zhang Lin (the plaintiff) and the Qinghai youth limited liability company construction and installation engineering (the defendant), the court due to the fact that the plaintiff lawyers for the accused party rhetoric in the passive, in court after the plaintiff lawyers eloquence was innocent all beaten up.

   In December 13, 2004, the Beijing second intermediate court hammer out loud shook the whole law: because the lawyer of dereliction of duty, causes the customer was cheated out of 100000000 yuan of funds, 3 law firm partner was a court judge to compensate customers for the loss of 8000000 yuan, and the return of 1000000 yuan lawyer fees. This is the most expensive compensation for domestic lawyer industry so far encountered. The reason is assigned the lawyers sued, the "Shenzhen branch" owed works do not also, in "Shenzhen Industrial Company" owed works not also, caused by the limitation of action, about 1000000 of arrears cannot win. A giant Shanghai lawyers, once because of a small mistake was its principal claim a million yuan. More and more risks appear lawyer practicing process. Even have a saying: "the wrong case, the lawyer lost dissipate one's fortune".

   January 2, 2005 to assist Zhao Zhongxiang played many lawsuit (including Rao Ying sued Zhao Zhongxiang outstanding case lawsuit) lawyers -- is Zhao Zhongxiang's friend Wang Fu was hired thugs attacked in the downstairs. Wang Fu was knocked to the ground, forehead bleeding.

   2005 October is the day Du firm lawyers, but took the letter Sheng Anda's case, but also to charge 40000 yuan agency fees. Beijing Chaoyang Court to embezzlement and sentenced the accused the longitudinal - 1 years in prison for 6 months, and the recovery of the illegal income 40000 yuan. In a final ruling upheld a trial. Chaoyang Court has issued a judicial recommendation letter, illegal behavior suggest the city Bureau of justice of Sheng Anda law firm to handle.

   In May 13, 2006 Ouyang Zhigang lawyer by Shenzhen City Public Security Bureau police station Nantou illegal detention for more than 5 hours and was police beating in the performance of their duties according to law

   In 2007 March 28 in the afternoon, Beijing good lawyer Wang Lingshou Li Kaijuan and so on 11 Tianjin city Nankai District three road Songshengli building was entrusted with the demolition of the masses, he went to Tianjin Nankai District court, for V. Nankai District Construction Management Committee of illegal demolition notice case filing formalities. Due to the joint action and individual action, to change the demolition notice whether the specific administrative act as differences, he was the school administrative court judge Wang Xuelin in Tianjin Nankai District court filing hall.

   In September 6, 2007, the Beijing second intermediate court verdict on "the largest Piandai case" - as apartments Piandai case 3 bank officers and 2 lawyers: a major issue false documents crimes were sentenced to Beijing benefit firm lawyers Kong Weidong, Bei Jinghua Italian lawyer Zhan Jun three years in prison, four years probation, fined 300000 yuan; sentenced to one year and zero two months, suspended for one year and zero six months, fined 10000 yuan.

   May 17, 2008 morning 8 when make, Guangdong a lawyer lawyer Zhu Changqing is to talk about the case name, about where the lawyer to meet, in the lawyer inside the door step to be four, wearing a mask of the holding tube siege, the whole body many place is injured.

   In 2008 June, Liu Yao, Shenzhen Oriental Wealth lawyer. He was Dongyuan County People's Court of first instance in the destruction of public or private property and sentenced to 4 years in prison. Court documents said, Liu Yao in Heyuan Dongyuan County town of agent blue bainitang style village villagers group and Fuyuan blue mouth power plant in the dispute, has two times to lead and organize the villagers to stop the construction site and destroy the site property, resulting in the loss of more than 5 yuan.

   October 15, 2008 was create a great sensation of Guangdong Shenyang lawyer Ma Kedong charged with fraud "boss" million yuan lawyer fees case closed. Liaoning province Yingkou City Intermediate People's court to the crime of fraud, the court sentenced Ma Kedong to 11 years in prison, fined 500000 yuan and pursue personal illegal income.

   These incidents reported by the media, a strong earthquake, caused great shock in the bar. The lawyer's practicing risk and its prevention has become the majority of the legal profession, especially focus on lawyers. Indeed, with the development of socialist market economy, the rule of law Chinese continues to deepen, more and roles of the lawyer in the rule of law as the main feature of the market economy in the larger, however, the risk is more and more big lawyer. Therefore, we should pay attention to, carefully study and analyze lawyer risk and personal protection.

   A lawyer's practice, and the meaning of risk mainly

   (a) a lawyer's practice the meaning of risk. Generally speaking, the lawyer practicing risk refers to lawyers in practice because of its practice and may bear all legal responsibility or consequences. It includes both the negligent acts of damage to the interests of the parties to the lawyer civil liability for compensation and may incur, including by lawyer wilful default or delinquency led to damage the interests of parties or countries and shall bear civil liability, administrative or criminal liability, even because the parties, witnesses, the judicial organs. Improper or illegal behavior caused lawyers may suffered unrighted wrong, take this should not bear legal responsibility or consequences.

   (two) the main risk for lawyers. A lawyer's practice risk is mainly manifested in the following five aspects:

   1, the civil aspects of risk. The lawyer engaged in litigation and non litigation business process, due to their own wrongdoing or case complexity of many aspects such as damage to the interests of the parties, the parties or the requirements are not met, mainly as follows: (1) the work negligence of it when the loss compensation. (2) the deviation understanding of the legal issues, resulting in the wrong. (3) the low degree of specialization, not omniscient and omnipotent, risk. Such as the disclosure of commercial secrets, lost important evidence, the improper litigation request, the burden of error, ultra vires agency, delay action period, to determine the nature of the case the deviation, providing legal advice is wrong and so on, the parties may well justify lawyers returned agent fees and compensation for losses.

   2, the administrative aspects of the risk. Trade sanctions risk lawyers in the practice in violation of law or law occupation ethics and practice discipline and subject to judicial administrative organ or administrative sanctions law association. As a result, between the case and the charge or malicious peer competition, both sides agent, perjury and other violations of law have been warned, stop the practice, revoke the lawyer license administrative punishment.

   3, the criminal aspects of risk. The lawyer is the sword of justice, the lawyer is democratic plough, a lawyer is the catalyst of the rule of law, law is to protect the civil rights of god. The development level of a country lawyer industry and the process of rule of law be bound together in a common cause, is a highly civilized society developed signs. In the judicial practice, on the "Criminal Procedure Law" amendment to the substantial influence Chinese criminal defense system caused by, not only no progress, but a serious setback. Defense lawyers are difficult to go from bad to worse. Even out punishment (debate) awesome. The counsel should be monitored the judicial and administrative departments of the public security organs, but also subject to the control of the three home and difficulties. Have a bit inadvertent, will become another criminal suspects, defendants. Defense lawyers like wearing shackles dance, play a very embarrassing role in criminal proceedings. Such as lawyers alleged perjury in the investigation of crime, leaking state secrets, to cover up the crime, especially the "Lawyers Law", "Criminal Procedure Law", "criminal law" the promulgation of the new succession law due to illegal practice, more and more cases to be investigated for criminal responsibility, the lawyer encounter huge risk hitherto unknown.

   Criminal responsibility:

   (1), "criminal law" 306th article in criminal litigation, the defenders and agents ad litem, destroy or forge evidence, to help the parties destroy or forge evidence, threat, seducing witness to change or make false testimony, is less than three years imprisonment or criminal detention; if the circumstances are serious, department for more than three years seven years in prison.

   The defenders and agents ad litem, provide, produce, citing witnesses testimony or other evidence inconsistent with the facts, not forged intentionally, not belong to forge evidence.

   307th, by violence, threat, suborn witnesses and other methods to prevent or inciting others to commit perjury, is less than three years imprisonment or criminal detention; if the circumstances are serious, three to seven years in prison.

   To help the parties destroy or forge evidence, if the circumstances are serious, is less than three years imprisonment or criminal detention.

   The judicial personnel commits the crime in the preceding two paragraphs, shall be given a heavier punishment.

   (2) the crime of evading taxes.

   (3) disclosure of state secrets. Spread, missing material

   (4) the crime of dividing the state-owned assets. In the reform of state owned enterprises, lawyers involved in

   (5) the crime of bribery. And the judge between multiple

   4, the personal safety and some of the poor quality of the parties, or the other party, may produce limbs conflict.

   Risk 5, professional reputation, moral evaluation

   The main reasons for the two, lawyer risk

   The lawyer occupation in non, contradiction, the center of the vortex, decided by the nature of occupation.

   (a) parties factors. In general, lawyers in the practice process and between the interests of the parties is consistent, both sides have no conflict of interest. But this does not exclude the lawyers and the parties due to various reasons, can have the contradiction and the opposition. The individual parties for their own interests, or to protect themselves, the adverse consequences due to shirk its causes and responsibility to the lawyer, and the lawyers because of lack of experience, or too believe that the parties, in the end to eat yabakui, assume the risk should not bear the. For example, the parties failed to provide the relevant documents and information truthfully, and some key problem statement is not a leading lawyers in the wrong, it will be the responsibility to the lawyer.

   (two) causes the lawyer's own. On the one hand, some are not solid, professional knowledge of legal is not rich, the theoretical level is not high, the practice experience and the ability is not strong, resulting in some cases of error of judgment, or procedural errors, so that the interests of the principal losses; on the other hand, some of the lawyers working attitude is not correct, impetuous, not dependably, not humble, be opinionated, even smatter, such work is very likely errors, leading to the risk of producing or other adverse consequences; on the other hand, low occupation moral law, practice discipline difference, intentionally conceals facts, bending the law, damage the interests of the parties or other related, so as to draw fire against oneself, undertake corresponding responsibility and risk.

   (three) due to the management of the. There are two main reasons for the management, one is a law firm management of lawyers, two is the management of the judicial administrative organ and the lawyers association of lawyers. Chief among them is the law firm management of lawyers. Now some law firms by revenue as much as evaluation of law superiority and inferiority, strong and weak only standard, do not attach importance to cultivation of the lawyer business knowledge and ability of handling a case, and improve the quality of handling cases, do not attach importance to, ignore the law occupation ethics and disciplinary education, management system and regulations is not necessary, the lack of law the necessary supervision. It is understood, some law firm for months without a wide Congress, some lawyers for several months not to firm, until changed the discipline, violate the law, even commit crimes, firm to understand. Of course, the individual parts of the judicial administrative organs and lawyers association is an organization of law supervision, but also causing a lawyer's practice increases the risk of.

   (four) some negative factors in the social environment. On the one hand, some law enforcement agencies and law enforcement to law enforcement and law their practice behaviors in opposition, think that lawyers are against yourself, with discrimination and prejudice against lawyers, by wrong thoughts, many law enforcement and law enforcement departments violations of law making, he deliberately take revenge, even extreme measures; on the other hand, some law enforcement and judicial organs and their staff, not in accordance with the law, favoritism, bribery, force or induce the lawyer illegal case; on the other hand, part of the public are not the correct understanding of lawyers, lawyers believe that is by special laws, relations, through the back door case, think the lawyer since it is paid, so the attorney must unconditionally satisfy, therefore, when some of the requirements are not met, vulnerable to discontent and resentment vent to lawyers, even directly infringes the lawful rights and interests of lawyers.

   (five) the legislative reason. From our several and lawyers mainly law related, on the one hand, there are the contents lawyer adverse provisions, lack of provisions of the law of special protection on the other hand. Such as "lawyer law", this should be a maintenance lawyers rights law, should be the "Declaration of the rights of lawyers", but the provisions on the obligation of lawyers actually "lawyer law" significantly more than the provisions of rights protection; and the "Lawyers Law" the biggest defect is the lack of provisions of the law of special protection provisions, such as civil liability exemption and limitation of liability, the exemption provisions of criminal responsibility. New "criminal law", "Criminal Procedure Law", many of its provisions on the lawyer's practice is quite disadvantageous, lawyers for the risk of criminal cases is more and more big. "Criminal law" provisions of article 306th of the defenders, destroy or forge evidence, the crime of obstruction of evidence. Defense lawyers in practice, incur charges mainly comes from two aspects: one is the lawyers met the suspect, the defendant, criminal suspects, defendants change confession, lawyer suspected help the criminal suspects, defendants to conceal, destroy or falsify evidence, or collusion; two is the legal process of investigation and evidence collection, if the collection of evidence the lawyer collection and investigation organs, procuratorial organs of the evidence is not consistent, a lawyer may be suspected as threatening, luring witnesses to change their testimony or perjury. "Criminal Procedure Law" provisions of lawyers in the investigation stage to provide legal advice, only for criminal suspects, accused, apply for bail service legal help, but not investigation; in the stage of review and prosecution lawyers can only consult, extract, copy the file documents, technical identification of material evidence, material not consult, extract in this case, replication. "Criminal Procedure Law" thirty-seventh paragraph second, investigation and collection of evidence law should not only with the consent of the consent of the victim, but also provide or his relatives witness investigation, after a people's Procuratorate or the people's court shall permit. These provisions not only limits the rights of lawyers, lawyers and the risk increases, the lawyer has slightly carelessly, will be called the obstruction of justice, divulges State secrets or perjury charges.

   Three, to prevent the risks of attorneys

   How to prevent the risk in practice lawyers? The author thinks, can be considered from the following aspects:

   (a) to strengthen business learning and moral cultivation, improve the lawyer's practice level and moral quality. Practice in accordance with the law, strict self-discipline is the most effective way to prevent the risk of lawyers.

   1, low-key work, flat and life. Keep poise, be lenient wherever it is possible. Sharp to justice and peers can only damage his image. (insist not to wrestle with a pig)

   2, strictly grasp of their own. Including the moral bottom line, the bottom of the case practice, not easily promise results. In the collection of evidence, the witness counseling, must grasp.

   3, and the public, prosecutors, legal workers should grasp the following criterion: take the matter on its merits to things not people, courteous, sincere; attitude; to when, not overdo sth., the truth about penetration has. (of adhering to the four respects: respect superior is our bounden duty, respect level is our common sense, others is our virtue, respect for all human life is our security at all)

   4, pay attention to several kinds of multiple cases. Rural divorce cases, cases of homestead, injury cases, opposite party, the other party to group cases were poor quality case, each other as the main items, private enterprises the case.

   (two) to raise vigilance, save, check erroneous ideas at the outset to establish effective risk prevention mechanism.

   Risk control text.

   Such risks are mainly: one is the text of the names of the parties, the name is wrong, whether accurate, consistent; two is whether accurate reference law involved in the text; the three is the reference text in the regulations are effective in terms of the current, four are quoted in the text; the laws are suitable for legal facts in the text; five is whether the text points out the proviso clauses lawyer, namely what in the law should bear the legal responsibility; six is the text should be some signature is black neutral pen or black ink; seven is sent to other text, if multiple pages, if issued in the name of the unit, whether there is a seal; if issued in the name of the individual, whether the producer in the footer page signature.

   Risk control trial.

   The court needs to prepare for three days before the evidence is clear: 1 directory; logical relationship between 2 evidence; relevancy 3 all the evidence and the facts of the case is the number of 4 cases; focus; focus on key points, 5 cases; 6 cases involved the important method; 7 the relationship between the 8; evidence, laws and regulations, the legal fact, lawsuit request; the 9 Party to the other party in court debate or the agent question outline; proof 10 review of the evidence provided by each other; the logical relationship between the 11 review the evidence; the 12 review each other's claim or defense reasons, view, legal facts; the 13 review the other reference law in terms of accuracy, the intent behind.

   Before the court one day need to check: 1 need to prepare for the lawsuit material is complete; text 2 need to prepare for the lawsuit material is logically, or text on the wrong or inaccurate; 3 once again confirm the session time, place and route; 4 session the lawsuit material will be able to the court is very orderly, it is convenient to access.

   After the court ruling or decision appeared before the need to do is 1 things: timely attention to case development, when there is a problem to adjust strategies to persuade a judge or arbitrator; 2 focus conditions change and mentality of each other. For example, if the other party will use the program, abuse of stalling tactics or strategy, to fight against your client's psychological or transfer of funds, property to achieve the legal execution of judgment, ruling to escape.

   Take the case of risk control.

   1 prevent boast case 100% can win to prospective clients. This is because if a case can win at least depends on three factors: one is provided by your client's evidence, the required claim, the legal facts; legal fact two is each other by providing evidence, the judge in the case; the three is to understand, on the litigation evidence on both sides to the case involving the legal understanding. In addition, trial jurisdiction custom or practice, the court in this case whether the parties move to non legitimate means and so on many invisible factors, and some are even sudden chance on the case may also produce an important even decisive effect.

   2 whether the case is the case, have specific legal risk to your client express the case.

   The 3 charge is not lower than the general standard, it can not be higher than the law strictly clear standards.

   4 to hire contract specific charges, fees and time in a client's lawyer.

   Risk control law development

   1 pay attention to the body's health, not because of the busy practitioner causes the body to die. This will tie you to further develop your speed, affect the efficiency of two will be for you to handle the case, three is the significance of life will not have a good effect.

   2 pay attention to the maintenance of family emotional, not because of the busy practitioner for too long, too much left out of your family. For a family is not happy lawyers also can not be said to be a laudable successful lawyer.

   3 accurate early positioning the main direction of their own, and dive into the direction of legal knowledge and related is not related to the professional knowledge of legal aspects.

   4 to establish 5 libraries own: one is the law base; two is the case base, case of course most here should be the main direction and you classic case; three is the text of the treasury. Here to include general text, special text; four is the success or failure of library. Here there are successful examples, examples of failure. Example is the case, can also be a lawyer's experience, can also be caused by their shocking success example. Five is the customer base. This library is mainly to manage their customers. For example, if the customer information to the customers in their classification, the importance of the customer base, the clients in their business development importance.

   5 when the development to a certain extent, business volume reaches a certain size, must pay the lawyer's insurance, in case of an accidental blunders will knock your career or hit his career.

   6 we must cultivate timely summary of experience in handling cases, regular major direction of practice theory, and pay attention to prospective study of practical theory of individual learning habits.