In Chinese, there is not a systematic training school in the legal profession, I * * * no one taught me, so some lawyers very confused. I am in the process of speaking, please feel free to interrupt my lectures, ask your question, and then we discuss.
The lawyer's job is through people to participate in the litigation activities of their speech and deportment, let the participants to lawyers or lawyers hope to get the answer, which affect the process and results of litigation, safeguard the legitimate rights and interests. In the litigation activities the whole, lawyers should be in contact with many people, for instance the other defendants, the defendant's principal, the public prosecutor, judge, expert witness, witness, Co.
How to evaluate the quality of a lawyer? I've come to the conclusion: the case of lost does not matter, as long as the client satisfaction, as long as the parties understand the court, procuratorate, not satisfied with you, don't worry, you are still a good lawyer, criminal defense lawyers not to victory or defeat the subsequent results, heroes. You see the key on the case, there is no win this several aspects of respect.
Many lawyers say, guilty case how? I remember when I was in2000Years ago, when I almost every year a put out the defendant, or times when the pin, or innocence. But2000Years later, this case is less, the case has become more and more difficult. And there is a characteristic, is the law or the parties, or, in case you do not ask me, Is it right? Because received a lot of money was innocent of the crime? Second point of view, Is it right? Court speak in excitement caused by a round of applause and innocent? The third point of view, you are innocent, and the judge must communicate, no private communication may not guilty.
These three questions to answer: first, the number of charges and the subsequent results never mind. In Chinese,99%The accused was moved the case, pay one's family, friends, their understanding of the case are not clear. So when you are in charge of, you can not point according to are not the case.
Second, there are a lot of places of the hearing, especially like to speak in measured tones in court, but a local words make people uncomfortable, what is our aim? To maximize the interest of the accused. If you are willing to listen to the judge? Maybe the people satisfied, my lawyer, the audience. I have seen such a lawyer, the effect is not good. Really I do not guilty cases, or I see, hear the case, without a lawyer in court to speak in measured tones, and the audience below the applause, No. The audience feel good, your defense opinion basically is not good, because you're not around the facts and the law.
Third, Is it right? Because of the relationship between lawyers and judges, there might be innocent? This is not possible. We know the relation between a judge and lawyer, if long-term cooperation, there may be some emotional factors in it, but if it is a guilty case, let a judge to take their own position and man's life and family possessions to perverting the law, the judge will think it worth it. Transposition thinking, your classmates and there as a judge, you ask him willing to. So the real guilty cases and how much it doesn't matter, it doesn't matter and good relationship between lawyers and judges, with you in court speak in excitement emotion it doesn't matter, relationship with your communication skills.
We can see, there are a lot of lawyer as a professor at the school, theory foundation is quite deep, but in a market, he do not too good. We also can see, many of our students is to master the debate in school, but when doing business lawyers, we find that he do not very good. Why? Because you re deep theoretical foundation, communication capability is not strong, the court had finished it off, who will listen? So the case will not have good results.
A student when doing math problems, he just use formula, axiom, theorem can derive an answer. The lawyer's job has its own characteristics, in addition to full of technology, is full of art. Although the law is relentless, stiff, but in the process of lawyers, you'll find out that there are a lot Human effort is the decisive factor. space, and this little space is a good lawyer really play a role.
A relation of principal, and
In criminal cases, the most important and what people? What most lovable, what were the most terrible? The most important person is the principal, the defendant, the detainee. The real people who pay is the principal, is the most lovely people, because he has to pay, the most terrible is his. Because these clients they have plenty of time and energy, they will take a variety of ways, affects the case, lawyers, judges. Unlike the parties, the parties were detained without method, but the client is not the same.
The principal because of their loved ones in the custody state, so their entire physical and mental suffering, I see the principal, learn some legal, some collect evidence, and every day of the call the lawyers, lawyers, hope and communication meeting, make progress lawyers analysis cases. Some clients every day for a lawyer to find the judge communication. Our lawyers know, sometimes we are helpless, you have to stand on that client's words, to come up with half of the time and effort and client communication. The client will not understand there is no way, some serious and even letting lawyer.
　　1To fully understand and sympathize with the client
I'm in practice way, hand to listen to his statement, show sympathy and understanding, on the other hand, make careful interpretation, and habits before my each work begins and ends, with my client hello. In this way, the client and lawyer relationship between the coordinated.
For example, I will go to the party, you don't go to see him, he also does not require that you see, and said that he asked to see, rather than on their own initiative. Make a telephone call or ask him to come. I'm going to meet, do you think you have what thing? In fact he vent,20Minutes later came. After the interview, then said to him, which is what the situation. This communication is very important.
For example, with judge made a postponement of the hearing of the application, such as the judge said want to re identification, before all the work, to say hello to his client, if love be picky, please him, give him a copy of your file, let him advice, this process is very important. He knows the lawyer in the non-stop for the case, even if the result is not good, he won't complain you. So the first question is established at any time communication habits and contact way and their clients. Let the lawyers fully commissioned its own client.
　　2Firm in principle
The client will present many unreasonable demands on lawyers, I remember just as a lawyer, at that time, the watch is not tight, customers often request is put a canned or apple in the finished inside. Now the client"You write a letter to him","You put him on the phone"The principal, or find their own witnesses, encounter this kind of situation, I believe that the law must be decisive, firmly say no. The beginning even have any hesitation, the client will want you to violate the principle of. If I do so, not only can not protect the parties, but you have to find someone to protect me.
　　3With clients to maintain a certain distance
China is a human nation, all clients want and lawyers play a good relationship. Remember, rice to eat, not things, those things with lawyers fees than poor, once took these things after he requires of you step by step, add a lot of unnecessary workload.
　　4Cannot be guaranteed
The principal every day, ask the question, is this case how, then what is it, what time to the court? There are a lot of the law in order to get the business, often to the bet. In all good lawyers China, without a lawyer is to clean up the party. Bet is later killed himself, and sometimes miss the people man's life and family possessions.
　　5The principal and the establishment of comrades in arms relationship
Second communication, we should put it into his. To struggle together for a goal. Once the defenders to pick up the case, the case is not the one thing, lawyers in addition to the legitimate rights of the defendant to strive for, in fact the lawyers in their career, reputation and work. So they should be an ally's relations, equal relationship, a relationship of mutual help.
Communicate with the defendant, the key lies in meeting. Meeting is divided into two categories: one category is the substantive meeting, another kind is comfort meeting. Substantive meeting including the investigation organ for the first meeting, after the prosecution of submissions to meet and get the indictment after the meeting. Fourth is the marking process meeting, fifth is before the court meeting.
The first meeting is a substantive meeting, what to do? To clear the substantive law and the relevant provisions of interpretation, with his charges. Second is the program, let the people know, how soon can to the next stage, is divided into several stages.
After the prosecution of submissions are also a substantive meeting. Originally in the investigation stage, the public security organ first, then get the prosecution of submissions, know about the situation, and the specific details of the case have a chat.
Third meeting is to get the indictment after the meeting, often means that the lawyer had to roll. The indictment and prosecution of submissions are not the same, the indictment is the last case is what charges. So get the indictment will see the parties, let him around the indictment charges, detailed make an explanation. His experience of the story, it is helpful to marking.
In order to understand clearly marking reading reading, first make clear the substantive issues, must understand the substantive issues, what is the charge? What is the legislation? Judicial interpretation of what? What can be found in the online case? So the key problem about screening out. The second way is to clients, to listen to the parties about the development, a case materials often have hundreds of this volume, and the parties to meet later, say to you to pay attention to the following several witnesses, and know the facts, so you know in marking time, can have no necessary to screen out. The third step is to come back and the parties to communicate. The case materials of proof and your situation is not the same, in where? The three step to scoring soon, but also to seize the key. So reading to grasp this point three.
Reading time meeting all belong to the substantive meeting. There is the last meeting, hearing before the end of the time. Substantive meeting I said is the case, a direct value to the customer meeting. Of course there are many meeting is of no value, such as customer requirements you see. See what? Asked if he had money, would take clothes, do not get the quilt; tell him that the child is very good, also very good wife. These meetings have no real meaning, but China lawyer these must do.
Communication function, with two
The first effect is familiar with his own party, we had not seen the parties, the beginning of this customer contact, he reflected on the merits of the attitude, often on the case later defense results, to indicate the direction of. And the parties met cry and shed bitter tears, said yuan, that this case has argued head. If the customer see you feel without what may be the case, the defense space is not big.
I and my customers constantly marking process, Shandong Tai'an case, the party is Jiaodong, because of my long and he met, his words in the Tai'an I am the only one who can understand. Know his temper, temperament to him, they can defend to conform to your way of thinking.
The second is to establish a good relationship. I have many customers are not trust lawyers, because after being caught, and some are always together say defenders: what do you mean? Can I trust him? This is my lover please counsel, is very important, the parties do not want to trust a lawyer, he must inspect the lawyer. Sometimes the parties, the suspect can see lawyers look out, he trust you.
If the defendant from the court came to look at you, that explains the relationship of trust between you fully established, second saw their families are not. There are many cases the parties do not trust their own counsel, the court process, the parties to the defense and irrelevant answer, lawyers do their own defense alone, this trust is not established, the effect is good?
Frequently encountered an abnormal phenomenon, lawyer was reprimanded his client. The results of your parties see lawyer, and see the public security personnel. In fact, to establish a strategic partnership with the parties, he will trust you. Trust is not only their own expression, but also through your actions express. For example, some progress in the case, we'll go and see him, to tell him:"Yesterday, just returned with the prosecution of submissions, I'll come to see you today."He thought that the lawyer responsible for me, I'm glad you told his family are all very good, don't worry, this trust is gradually building up.
There is also a manifestation, is the trial process, when the defendant's testimony opinions, if see his lawyer secretly he unconsciously, he is looking for an answer, this time we can draw a conclusion that, to establish a good relationship of cooperation between the parties and lawyers and, it is important.
Third, there is a very important work of lawyers have to do: to impart his knowledge of the law, as far as possible, let him know. Let him not to lose hope, if there's no hope at all parties. But to have to accept psychologically prepared for the worst result, can't let his hopes. But once the worst outcome appears, so that he can accept. Tell him we want is the truth in law, but in the judicial practice is sometimes by law shall prevail, often deviate from the objective fact, this must think of a way to let him know.
Fourth, met lets defenders quickly understand the case, just talking about scoring problem, want to quickly find the process, only the parties and talk. Through the chat, can discover a problem, he will speak for itself:"Not ah, there is evidence."The lawyer will come in to this role, will it be possible to achieve this status, familiar with the case.
The most crucial meeting is before the court last meeting. Why is it the most important meeting, because this meeting for the entire trial activities carried out smoothly, in order to get very harmonious good trial effect and lay a solid foundation. After checking, understand the case is the last meeting, the effect is good, want to see before meeting with a basis is solid.
The last meeting to solve three problems: first, let the defendant clear substantive issues. How I want to defend, and obtain the consistent and parties. What is the starting point for our defense. If the parties do not understand the elements four on the aspects of a crime in criminal law. The defender from which element in the defense, to be clear, only he understands, he can answer the question, they make the favorable answer. Only to understand in order to have a definite object in view when the court debate. Entities do not understand, there may be various each debate. The parties and lawyers disjointed. The lawyer speak very good, the defendant does not understand, he told another.
Clear physical problems, but also let the defendant knew procedure, all the accused is almost blind, do not understand the court should be divided into several process. Many defendants a session start self defense, is the presiding judge several times interrupted, the defendant is very angry, he thinks anyone bully him, feeling more and more excited, then he will not say, the court could not open. If there is such an effect, I think the main responsibility lies in the law, we must tell the defendant his clear, the court has a program.
This program is divided into several parts, one began to tell him, prosecutors will read out the indictment, read the indictment asks you if you have any comments, you simply answer opinion on the line. After you repeatedly told him to procedural issues, what state is qualified? Let his own party itself. He can speak out, the second day will say. Otherwise, when the quality of evidence, the court asked when the chaos.
In addition, the final statement to give him a good design, good design of the trial, the effects are not the same, for example a lottery fraud cases in Yangzhou, involving a dozen provinces and cities, the first defendant final statement, I said you don't defend, objective speak, this enterprise is created by you, all of these people follow you a sell lottery, the black box operation are you let them do it, you said your brother when statements in the final time, do not let the brothers feel good do? I designed this segment is very moving, he said in court that:"The case that today is my reason, I do not know the people, they are to obey orders, I hope the court sentenced me, leave me out and shoot Oh, those people are very innocent, are my brothers."It's simple. You say no more, the whole case sessions a week, so to speak, in fact the psychological feeling good, think of the people are good. The defendant also have to defend him, crying into a piece of, very touched. When one of the accused:"The defendant is not important I am, important is the first defendant, he is not my bag."The judge laughed, prosecutors also smiled, but the smile that we in this case, is discussed in a seminar, harmonious atmosphere, this is an effect.
For example, a director of Beijing Fangshan, suspected embezzlement, the case was later procuratorate chean, set up a final statement I give him, I say you this thing sorry sorry sorry court, procuratorate, family, to all the work involved in a lot of trouble. Stand up and say: I'm sorry I prosecutor, a case is small, let you add a lot of trouble. Understand you very much, you have to do so, give you trouble. After the finish, the judge that this person is very sensible, to be wronged someone very not bear. Our lawyers have experience, each case is different, and some need to touching, and some need to trust, and some need to sense of obligation. So some words to the design effects are not the same. He can speak out each stage of stem what, the court would not disorderly.
Third the last meeting with the work to do ideological work. Under normal circumstances the parties are divided into three kinds: the first kind is the person originally outside worry free life, belongs to a relatively comfortable life. Once the state of life, turn the world upside down position changes, is dispirited. You in court if you don't give him do ideological work, he will turn things upside down in court. Another is that they have been wronged, bidouehaiyuan the court, not a good man. The prosecutor, judge at the top. This situation does not do ideological work will be chaos.
The first case you should encourage him, you are the boss, you read the University, in the face of such a small difficulty is resolved? Really want to encourage him, man? We must have the courage to take responsibility. Some parties must hit him, he hated the second parties. All the rage on the court, the people must do ideological work, to tell him the case go to today, with all the people in all it doesn't matter, your results with them one against you, you have to win their sympathy in the trial, the case can go to good direction development. With the sharp words to calm him. Third people is a people's benefits, want to open, after entering the clear. As long as the procedures clearly, he can speak in court is very good.
Before the court the last meeting with the three tasks: first, substantive issue should be clear, let the parties know how with. Second, for the parties to make clear the basic process steps, hearing. Third, do ideological work. Must tell the party speak well, I asks, but already knows., I asked you answer. When the fool can dissimulate, the answer must be answered. Before the court of the three question, during the meeting once solved, the trial are smooth, the hostility and conflict have less. This is before the court the last meeting to do.
Three, and the communication skills
The defenders want method and the communication, only to let the public prosecutor rational, in this case the result may be the right direction. As the public prosecutor, each day's work, is the processing job. The results tell him it doesn't matter, they bother, annoy his first business, second tired defender. In the contact process short, as a defender, how to let the public prosecutor in the ten defenders for a day or a month contact, it is important that your opinion. On you a deep impression, feel good to you, to your opinion seriously. Through touch and you are familiar with, two people familiar with the debate in the court, and two strangers defense effect is not the same as.
Through these contacts many cases is repeated rehearing, have a chance and the repeated exposure, subsequent cases results are still good. The contact process, a good grasp of some would be easier.
According to the framework of the world litigation, between prosecutors and defenders are in conflict and contradiction of a natural, especially in our country is more prominent, with the Soviet system set up the lawsuit system. But in recent years the judicial reform we see good phenomenon: between prosecutors and defenders simple conflict and irrational against less, both sides started to become more rational discussion. This is the year of a very significant change.
Four, how to handle and judge
The court is a sacred place, all lawyers are trying to think of a way to win, win in court court. This is how many lawyers studied for hundreds of years the topic. There is no standard answer, every lawyer will have their own feelings and insights. My understanding to that is simple: a lawyer should what to say and what to do.
How can be just perfect, it is to pay attention to the arts. Lawyers and judges contact, from another point of view is divided outside the court and the court. At that time the court outside, all of your behavior will affect the judge. The lawyer's art is a performance art, in court, your behavior will influence the court. Sometimes unintentionally I do, then I heard the comments that are very good, we have to take the business of his every action. We in the statement, the voice to give each other a long time to think, to put commas and periods show very clearly, they have a great influence on the case.
When I was in Ji'nan to hold a hearing, it is related to the evaluation results of the case, I question the evaluation conclusion, I learned a lot about assessment of the book, I was in court to do an action, I said the assessment conclusion is a serious problem, so I picked up a book, is the financial on several problems of state owned assets of the assembly, I raised my carefully study all the documents of the Ministry of finance, I draw the conclusion of opinion is the conclusion. I can book this one action, actually I was designed, this action shows that the prosecution stressed the first thing I carefully studied. Second, I study deeply, you say I. Third, I this conclusion is based on the judge, please believe me. Is this a movement expression comes out much information. We need to study such things, this is a court art. Can collect, create a benefit which the atmosphere, it would be desirable.
What is the most important weapon to win? Seriously. Outside the court, not in court. I conclude that there is a basis, a Shandong Deheng Law Firm, make a survey, this research focus on two topics: one is the judge in the eyes of lawyers, a lawyer in the eyes of the judge. Issued a total of1175A, the provincial high court10A, Municipal Intermediate People's court181A, courts at the grassroots level996Copy. Clear from the judge survey results45%From departmental leadership21%From the clerk19%, hospital level cadres5%The court, with the official seal of the56A, leaving the respondents contact385Copy. The survey results about later, judge favorite lawyer, what is the biggest advantage of lawyers,46%Judges chose to abide by the occupation moral.41%Judges chose professional skill. Sum up the occupation morals, is actually"Seriously"Two words.41%Judges chose professional skill, means that the occupation skill, knowledge has reached a certain state. Of course, there is also something else, like6%Judges chose the social widespread. About this topic the hate, hate is Chongli Wangyi accounted for26%. With unreasonable demands, not punctual for30%. Take, say without mincing words44%The judges think this is the best lawyer. Yes15%Judges chose the eloquent statement, can speak.
A conclusion we draw from this result, want to be a lawyer, to two words should be reflected in your work. Don't be afraid to judge you, the judge even rude to you, but it will think you a good lawyer. He wanted to do as little as possible behavior cost as much as possible case, this is his pursuit of the goal. So the lawyer each time talk to him, things will increase his workload, but the judge the heart never off such a lawyer. Although there will be feeling and conflict mean, never mind, bold to say.
The first and the contact, first after work. This solved the problem of survival of young lawyers, solves the problem of the source. I rarely advertise themselves, I also oppose some lawyers the old emphasis on criminal defense lawyers did not repeat. Most of my cases are repeat customers. My client recognized me, my client in the detention house also help me to introduce the case, prosecutors and judges who introduced me to the case, my case is so. I have never deliberately publicity, I do not go to a lawyer, the pressure is too big, I'll do a regular lawyer on the line. So we can not, we can low level, we can just do the business, but don't give up in life, it is very important to us.
Ready to stage five, before the court
The question that must be asked, reflected in the"Seriously"Two words, how to judge the show I was serious, how to communicate, light and the judge said that I really, really hard? I see No. So the hearing before a lawyer ten issues must be careful thinking, and make the reaction:
　　1There is no possible. For the change of jurisdiction. Must be before the trial to the court, although the administrative regulations prohibit lawyers and judges contact, but this work has to be done.
　　2The application problem. If the application for withdrawal, as far as possible to say in advance, the court in effect is very bad to say. The judge was arrogant, very angry, then change to judge will have prejudices against you.
　　3The application problem of exclusion of evidence. For example, there is no torture to extract confessions, parties in what case evidence, and the judge in advance to say hello.
　　4. apply to the people's court to obtain evidence to the procuratorate. If we know that there is an evidence to determine the presence, in the hand inside, lawyers should be said to the judge in advance. Want to see the evidence before the trial, the lawyer responsible performance. To the court when, already late, will delay the event.
　　5On the application of summary procedure. Whether the disputed cases.
　　6The case is heard in public. The objection.
　　7Sessional time conflict. Methods we often use in practice is to write the application to the court.
　　8To notify the witness, expert witness, to say in advance.
　　9Re identification and inspection.
　　10The complexity of the case, investigation and evidence collection. Lack of time, delay the trial.
This is before the court at work.
Six, the court asked the lawyers communication
Basic principles: asks, but already knows. The lawyer's drama, drama.
Effect: let not seriously look at the volume of judges, to understand the process of development of the auditor case, in fact the defender's question, is to know the answer. To fully assess their party's intellectual ability, language expression ability, and then to decide what to ask. Ask to be just perfect trial harmonious, smooth, can let the person on your question is convinced, can let the judge not to interrupt your questions.
The court asked the role: first, understand the case, revealing the case.
Sometimes the questions you re trial, the case has a deep understanding of. The court asked, do you know the defendant 'understanding of the facts of the case. The court asked, after you know the prosecution put dry words, what is his subjective form, you can feel dizzy and context of each other. A lawyer is good, a trial of more than 30 defender, a dozen defendants, which lawyers will certainly lead to court attention, it would cause the people's respect, understand the case to ask the question to the full, abandon unnecessary problems, direct care issues.
Second, the court asked that defenders mentality.
What is the question the message to the judge to understand the defender? To help the court successfully completed the trial judge to understand the help, help, the judge how to judge and then to apply. So in the courtroom inquiry process, the defender should pay attention to their own language. As for the defendant or the public prosecutor has often talked about:"Sorry, I did not hear.""Sorry"Very important."I beg your pardon.""Please"Very important."Sorry, I have to interrupt."Such a statement is very important. This is respect for each other, respect the questioner, will cause others to your attention, respect for your defense. Timely advice, this is also a skill defender in court in communication. For example, suggest that the judge each evidence that the defendant identification, suggest prosecutors in the burden of proof before, said the first evidence in the case files of the volume of the first few pages. So when the court asked, and the positions you mind, what is important is shown.
Third, the court asked the role, can also ease the emotional tension.
　　2000Years ago, Shenyang has a large group of Magnolia group, the seller is power. When the seller power level than now Gome and Suning, the boss is Forbes charts top people, was caught. The scenery of the entrepreneur, in there for six years is the verdict of six and a half years, more than 20 days after judging and put. In the trial that the tense atmosphere, a with vigour and vitality to do business entrepreneurs, fell to such a situation he is angry. When we first trial, my pager rang didn't hear, but it doesn't matter I with the outcome of the case. The defendant is the same, so entrepreneurs, tens of thousands of employees, besides his tense and angry, more stressful than to defend his people.
How to alleviate the tension in the trial process? In court, the defendant had once accident and problems, the only thing he could think of to help his people's lawyer, how we communicate with him? Must observe, when your client into the courtroom, he might at first glance will look at the people, such as his wife and children, but he always looked upon you. When he see you in court for the first time, you that time must not do anything else, you must look at him. When he looks at you, give you his smile, nod, his heart is the bottom, the communication is very important. Can design scheme before the court, for example, he mentioned a problem, do not know the answer right or wrong, he looks at you, you can't see him, but your hands can tell his answer is right, only he knows what this means. With the parties in court communication there are many details, such as to remind him not too fast on the express.
Fourth, give the defendant a full of opportunities.
The public prosecutor sometimes is not very reasonable, often ask some hard questions:"The defendant you answer yes or no, the other not to say."The defendant feel very grievance, ask itself to the prosecution allegations, also not let people explain. This time the defendant will be very anxious, helpless even look at you. As defenders, we should write down the problem, when questioned, give the defendant a chance:"The defendant, had the certain problem in question, you answer is. I want to know why you're so answer."The defendant will be very happy, will want to:"I want to say, don't let me say, now he can finally say."He was very comfortable, the family will be very satisfied. This kind of communication, is to give him a chance, let him finish.
Fifth, laying a good foundation for future proof and examination.
If the defender to in the burden of proof, evidence stage show contract, testimony, when the court asked, will be to point to the:"The scenario described the real you?""True.""You said yourself to answer not the real, the evidence?""Yes.""What kind of evidence?""Two pieces of evidence: one is the witness and testimony. One is a contract."This suspense left out. Perhaps the evidence in the prosecution's evidence heap, then the defendant to point out, no doubt to the judge left a suspense. When the examination of the evidence, the judge will cause sufficient interest, improve his excitement:"Well, talking about this issue, what do you mean? I'll watch it."The court asked determines the later direction, not without any cause or reason at sixes and sevens asked, to have to ask. If the counsel of the defendant, do not know what the answer would be, then don't ask, so easy problems.
Seven, the lawyer inquiry skills
First, what to do when the defendant and counsel inconsistencies in litigation and litigation strategy? Must reach a consensus, let him know how we do it well, and in what place, disadvantages in what place. Resolutely oppose both inconsistent.
Second, to consider the defendant culture. If the defendant's cultural accomplishment is low, ready to tired, can even give him exercise, if I ask you, how do you answer, listen to his answer is correct. But if the defendant's cultural quality is high, do not need to drill, drill will lack the vivid. The different accused take different options.
Before the court to let the defendant study, joint research and counsel, the court may produce unexpected, once the accident how do? Once the evidence problems how to do? Once the other defendants pointed out how to do a lot of harm you? Can some offensive and defensive alliance principle to the defendant: can't really answer the answer can not remember, not clear, cause accident to tell him:"Are you sure that you can answer to answer, can't answer, don't die."Once the court appeared to be an accident, the defendant may think:"The lawyer is too experienced, really have a way, this thought."
Third, the defenders himself ready. The court asked the defence people do not pay attention to yourself, because the first question, often to the defender does not have what good question. The defender is nothing more than two questions, so the defender long-term develop a habit: no pretrial questions ready. Before the trial to design their own questions around the outline, later your evidence and defends the idea to ask, for you will be a great help. When comparing the questions and you outlined, very easy to know what problems do not ask the.
Fourth, there are special circumstances. I met the most special is the prosecution of a case is very complex, some problems should not. The defenders have a system outline, the outline of careless. He must be ready, and the problem is designed to be perfectly logical and reasonable, come step by step, very logical, according to a sum of time or by design, a superfluous words are not very consistent, very smooth, it is necessary to prepare court communication. And then a asked prosecutors how to do? Must ask.
For example, a Yangzhou lottery case, ask each time I add to ask a question, every time when the court asked me to design good, first I asked him, I said to you in the establishment of the company before, how much of your personal assets? He answered me very magnanimous, I saved in China Merchants Bank3000Million, traffic bank deposit1000Million, the industrial and Commercial Bank of deposit3000Million. This problem is very clear. The next question, I will ask every time he asked, the case such as his operation in Lanzhou Grand Prix, if not calculated manipulation award hundreds of thousands, will lose much money? Every time he would count. My last question, if the local operation, you don't go to manipulate award, will be how much? He will answer a data. Including the public prosecutor, the court, the other defendants have raised objections, when all the questions are asked, when the court debate, take out the problem. Well, I figured, I said that the defendant is emphasized in the company before, his family to the self-examination7000Million, after the establishment of the marketing lottery company, the public security organs before the incident through investigation and calculation means, the property is a total3000Million. He set up a company, what is the total amount of loss around? Our preliminary statistics, if not calculated manipulation award income, the enterprise actually lost6000Million.
I've come to the conclusion, the defendant is in fraud? There is no one fraud only care about process, cheated of money after take out. Cheat your own property is less. Even if I get property certificate, I could not make the financial report in a short period of time, I by constantly asked the court, in the time that this case, continuous communication, asking when a good design method, this scheme is I think before the trial, ask good design.
Through the investigation of three days, I have them hostile later are very good to me. The second day I went to tell him, I said:"Your first day performance not good."Results second the accused:"Today I'm done okay?"To emphasize their beneficial aspects, weakening their own shortcomings.
Fifth, the defendant launched inquiries, change the passive and the establishment of a concept.
Shortly before the Ji'nan court, the problem is this:"The defendant, are you not the enterprise operator?""Is.""If the managers of enterprises, Is it right? Have the protection of state-owned assets liability?""Yes.""After the two Liupai, you buy the state-owned enterprise to lower prices, Is it right? Caused the loss of state-owned assets?"The defendant did not answer. Ask again:"Your personal Is it right? Knew the price?"The accused man said:"I was the second defendant, a problem is the first defendant."
When I look, how to do? Ask him a few questions, let the situation changed as soon as possible. Because we know that the sale could not only purchase, he has an identity conversion problems. So I asked so many questions:"Several of the assets by the court auction, who is the creditor?""Bank."The second problem:"The property of bankrupt enterprises by the court auction, who is the creditor?""The creditor has no provisions."The third problem,"You as the debtor, as the management of state-owned enterprises, in the disposal of assets of the court you, have you tried to hinder the court auction?""This is not possible, I can interfere with justice?"The next problem,"As you have the obligation to protect the loss of state-owned assets of state-owned enterprise operator, did you do to protect state-owned assets and obligations?""Yes. The prosecution had asked the wrong problem. I was court me how to protect? At that time I have said not to calculate, I'm in charge of things, I can protect, not mine, how to protect? At that time I buy, I say not, only the courts and the creditors have the final say."His idea was changed. So when the court asked, want to ask the information to your customers, and then change the unfavorable situation. If a lawyer can't transfer his idea, he can't help him.
Sixth, in order to pave the way for adducing evidences of their own, suspense.
Eight considerations, the court asked
First, pay attention to how the other defendants.
Co defendant is often conflicting interests. The defender in the query must be careful when, on the co defendant asked, should think of my questions don't hurt him, should fully respect him, let him understand the question asked is good for everyone. He never fit, do not trust to cooperate.
Second, pay attention to clean. The problem can be split. How to split open, closed and open questions are different.
Third, pay attention to the change, establish the interaction and the defendant.
Hearing in Shenyang, I am not the first the defendant, suddenly a defendant confession, say I have no money, I asked him that lawyer is very clear, this question after he would have said no money. Then took place a few defenders, inquiry, defenders next:"Why don't you look at the record?"He said:"He won't let me watch.""You are every record do not see that a record or not?"He said:"Some transcripts also didn't see."Then someone asked accordingly:"You are a senior executives, you didn't take the money, whether you instruct others?""No.""If you see someone else to get the money?"He said:"No."
In fact, work should be made by the defense of the accused person to finish, but sometimes is reached, the communication is very timely, the status of all you are not the same. This interaction is generated at any time, in the court like a dog smell, this is an excellent defender.
Fourth, to respect their own parties.
The defendant is a source of defense rights, respect for the defendant, defenders can gain respect. How to let the accused get respect? The first defender to try their best to raise their status of the parties. Only raise him, you can improve. To advise his client to correctly treat the trial, remind yourself of your client carefully listen to the judge's inquiry, to understand the answer, if you don't understand, can't answer. Please pay attention to your time and your customers, with such a mood, you use the"You"To communicate. I have a comrade in arms and my clients, it is only possible for prosecutors not to his own party as a criminal.
　　1The burden of evidence
The burden of proof is the most weak link for defense lawyer existing occupation skill. Why do you say that? There are several reasons: first, the defense lawyer investigation of long-term nominal power. Secondly, the defender proof often have a great impact and influence on the chain of evidence, qualitative so that in the case of doubt, many defenders abandoned the investigation and collection of evidence, then, decreased ability to investigate the lawyer for a long time. When the defenders proof, the defender is often act with confusion, say not clear evidence to prove what matters. We have to think about, how do we prove? In fact, the teacher is just beside you, is your opponent, the public prosecutor is you learn.
In the proof of the technology, to learn from the public prosecutor, strategy, I think a way to advance to the court evidence. Although this violates the basic principles of "Criminal Procedure Law", contrary to the intention of the legislation, but the lawyer in this environment have to do. We face the judicial environment and our legal culture and traditional law background, we have to take some evidence that the defendant not guilty behavior.
　　2Risk proof
The original documentary evidence, should pay attention to form, source, procedure. The proceedings in criminal cases, we often see, the prosecution evidence for the existence of such problems, did not bear any responsibility. When the defense evidence when such program problem, often cause a lot of misunderstanding and wrong, will be complaints to the Bureau of justice. We see and what we need to do the gap is too large. Judicial organs may have problems, lawyers can not be a problem, a problem to undertake risk. Documentary evidence and material evidence, procedure must not have a problem, such as the need to seal must stamp.
Confession, testimony of witness, our country takes the is the way to record large front yard, all records of pile up like a mountain hand in front of a lawyer, and record and testimony not a contradiction, meet the eye everywhere around. Since the investigating personnel will use the computer, a new situation arises, in different time, the investigation to the same question were different not.
Such evidence is clearly has a problem, the defender in the testimony of a witness on the link, the testimony of a witness evidence, must assess how your client, your witness Is it right? Where dare to say, if there is no judgment, as far as possible not to see his witness, as much as possible so that their own witnesses to court. And to the court to get rid of the witness and lawyer suspects, to ask a few questions. As we whether by phone and so on, below the case study, get rid of a lawyer. Because the witnesses great flexibility, often after the defendant family the witness, the witness appearing in court or court and not willing to confession, be careful.
Examination of the problem, in the litigation process, play a connecting role. The court asked the process description is clear, the story is very good, the court testimony to this solid. Evidence stage not wrong, must take the evidence is clear. The court asked not foreseeing many, the court debate too, once the debate, organization of language may change at any time. But the evidence is not the same, want to ask these questions this evidence is good or bad? The evidence of what is good, what is bad? When the court testimony to produce such evidence, I as a defender should publish what views?
Quality certificate is a prerequisite to penetrating marking. Must see, not omission. Any small omission will cause huge loss. Do not think that the accused in detention and talked for a few days and nights, and then you can relax on the materials of vigilance. Because the defendant is not a lawyer, his knowledge of the law is deficient, his understanding of objective things is a gap, but the defender can not be omitted, scoring from this angle is the physical strength live.
Second, in the published evidence of opinion, should pay attention to several issues:
First, time to time, to keep up with the pace of testimony. At any time to find his rhythm, see the evidence to remember when you are ready, you a few points on the evidence of thought, as well as in the previously occurred in all cases, can not be summed up the other favorable to the defendants. Once this evidence of past, you think of the evidence system of opinion, there is no chance. Many lawyers do not comment when telling this evidence, when the controversy when, the opportunity is missed, it is wrong.
Second, the content must be clear, cross examination opinions must sum up a few points, understanding of the evidence of the senses, judgment must be clear, to evaluation from various angles, such as the witness's character, perception, memory and so on, to have a clear view. When a lot of defense confrontation confrontation card view is not clear. Finally draw a conclusion: the defender believes the evidence for the existence of a large number of facts and logic and inconsistencies, so this evidence should not be the court verdict when the basis for the court, please note. This is a summary.
Third, entangled in the examination does not have too much too fine details, some problems can not be solved is the trial.
Fourth, pay attention to attack. The prosecution's evidence is often contradictory, conflicting testimony and the original documentary evidence, the contradiction between the different time, a witness said the testimony is not the same, a record doesn't like, have to find out these things, let the courts have impressed. Can be said to find contradictions, is the focus of the lawyer's practice.
Fifth, in order to pave the way for their burden of proof. Quality certificate and ask the same time, will also leave a suspense. For example, the evidence presented, to emphasize the doubtful authenticity of the evidence.
Nine, how to let the judges with defender
Fact: the defense counsel denied allegations that fact, or give new evidence, proof of the original chain of evidence is wrong, or is accused of the fact that there is no defense. This defense in general, defender, will focus on several topics: identity, objective aspects, objective results, whether there is a causal relationship between objective behavior and the objective results, subjective state of mind and the subjective state of mind is not the same as other charges. The fact the defense often can achieve better defense effect.
The legal application of Defense: This is the most difficult defend, is the most important level of defense. Because the judicial practice, the case is all sorts of strange things, between crime and non crime, this crime and other crime a tiny difference in particular, the fact that there is no problem, just for qualitative, this time to debate to a deep foundation. Sometimes really is that both sides are very clear, the judge also suddenly become enlightened at once.
Procedural defense: the defense of our nation's program has just started, there are some lawyers have made some achievements, very gratifying, but the effect is not too good. Procedural defense is a criminal defense lawyer pointed out that, to the relevant departments in the procedure of investigation, prosecution, trial of illegal activities, the suspect, the defendant not guilty or not be held criminally responsible opinion. If our society is developing very smooth, maybe ten or twenty years, the program will become an important weapon to defend each lawyer hands, when we have a lot of experience, you say this is not a good thing.
Fourth defense: a clear strategic direction, is the plot of the defense. The defense can not be missed, must speak, especially when the first round of defense.
　　1The design strategy
First, the defender should you talk to who listen. This is a very significant problem. Now the main objective some lawyers spoke is make people happy, some lawyers for defendants, some lawyers and prosecutors. I think that a qualified lawyer in court should be very gentle. He will be very peaceful, very carefully to the. I very hate some defense lawyers light up with pleasure, some prosecutors expression while hold about and give oneself airs is full of contempt for a while. This is not good, as a lawyer, we ought to not see, not to fight back. I often tell my assistant, in court not to have any expression, don't have small action, such as head, this will reduce the court's opinion of you, this is the details.
Second, pay attention to the beginning and the end. In the debate at the beginning can take some conciliatory tone, to show the simple view, and the witnesses, some opinions on the other defendants. At the beginning of the end is very important, too, to the lyric, in some cases, really want to lyric, such as some cases are entrepreneurs were caught, to please the judge's attention, in this case please the court carefully, carefully, and then carefully. Don't stir too much, but the height must be.
Third, pay attention to the depth, the essential legal analysis.
Fourth, a clear understanding of the situation, adding to the court can not solve the problem, not much, entanglement.
Fifth, when the court debate, should pay attention to coordinating the relationship between other defendants co defendant, can not protect their hurt the other defendants. If you hurt the other defendants, the other defendants co counsel may charge you second prosecutors, blame, attack on you. So, to coordinate the relationship.
Sixth, the court language, I feel that if you want to enhance the mood, we use the rhetorical questions, using the necessary silence, the sound of adjustment, sometimes you can ask ourselves, sometimes question without answer, such things added to the inside the effect will be not the same.
Seventh, grasp, focus. The first debate, the process is very comprehensive reasoning. Strictly speaking it is rational, the defense is based on the court asked, after the court testimony, advocate comprehensive summary of this case all can be summarized to the favorable to the defendants, but must be focused. To be comprehensive, but also highlight the key. Logic needs to have the language ability of organization, theory foundation, found the other side of the problem, contradiction. A lawyer is a very practical work, must be done, do a lot of business. Through a large number of business, realize instructive things to us, to extract the essence of something.
　　2And adhere to the principle of trial. Create a harmonious combination
The court I emphasized the theories and views, are very care about the trial of harmony. I think the court the court speak in measured tones, speak in excitement, contradiction fold out of the court, the court will not conflict with good results. For so many years I handled court acquittal cases, the atmosphere is very good. This to create by who? It builds on lawyers. The public prosecutor and the judge is to finish the work, they can not bring the emotion inside. The defenders inside through speech and manners, preparation, your work is done, you'll find out you are a conductor, you command them to do things. An action regardless of the outcome, can win the lawsuit, your defense to do.
When the judge with the principal family, your lawyer is good, when the public prosecutor to come forward to shake hands with you, this case even if the defendant to pull out of the death, litigation lawyer won the respect, you are a good lawyer. A few years this characteristic is qualitative defence, or innocent, or is a felony, not the middle transition.
And adhere to the principle, in the court the lawyer to resolute, otherwise the parties are not satisfied, the client is not satisfied with the. So a lot of time to grasp the degree. Don't let the burden of proof when I stick ju. If a compromise, they will think you are just please, no good effect. To adhere to the principle, only insist on the principle of better harmony, the principle of not insist, how can the harmonious?
　　3Procedure document
Litigation documents, strict demands on themselves, repeated pondering your litigation documents Is it right? Best. All the things I want to submit to the court, sometimes my customers a matter, he asked me to give him a. I submit to judge things, must be thought again, no wrong character, no punctuation problems. I submitted to the court documents, what brand, what is the row spacing is fixed, the style is all the same. A good argument is too important.
At noon today have a lawyer asked me:"I read what you've written, you write so much, the judges look?"My answer is:"Write the number is not our lawyers can decide, is a case decided. If I write ten thousand words, I can clearly tell you, those ten thousand words you let me delete anything I want to, delete a word I did not give up, delete the following changed flavor, the matter is not so."Some lawyers to write10Page,5Page, the evidence set out a lot, reference transcripts of the content, the evidence list posted, the post, this thing who see? You write something really useful? Should be fine, should be smooth, reasoning. Even if you write three pages, a judge, is useful. You write30Page, the judge to find love, make smooth reading, language fluency, reasoning, the judge can really read. You write well is very important. I suggest that, if you want to compare, put all the defendant's instruments used, to compare who write well who writes is not good. This is to judge a final, not relax.Criminal defense lawyers' communication skills

In Chinese, there is not a systematic training school in the legal profession, I * * * no one taught me, so some lawyers very confused. I am in the process of speaking, please feel free to interrupt my lectures, ask your question, and then we discuss.
The lawyer's job is through people to participate in the litigation activities of their speech and deportment, let the participants to lawyers or lawyers hope to get the answer, which affect the process and results of litigation, safeguard the legitimate rights and interests. In the litigation activities the whole, lawyers should be in contact with many people, for instance the other defendants, the defendant's principal, the public prosecutor, judge, expert witness, witness, Co.
How to evaluate the quality of a lawyer? I've come to the conclusion: the case of lost does not matter, as long as the client satisfaction, as long as the parties understand the court, procuratorate, not satisfied with you, don't worry, you are still a good lawyer, criminal defense lawyers not to victory or defeat the subsequent results, heroes. You see the key on the case, there is no win this several aspects of respect.
Many lawyers say, guilty case how? I remember when I was in2000Years ago, when I almost every year a put out the defendant, or times when the pin, or innocence. But2000Years later, this case is less, the case has become more and more difficult. And there is a characteristic, is the law or the parties, or, in case you do not ask me, Is it right? Because received a lot of money was innocent of the crime? Second point of view, Is it right? Court speak in excitement caused by a round of applause and innocent? The third point of view, you are innocent, and the judge must communicate, no private communication may not guilty.
These three questions to answer: first, the number of charges and the subsequent results never mind. In Chinese,99%The accused was moved the case, pay one's family, friends, their understanding of the case are not clear. So when you are in charge of, you can not point according to are not the case.
Second, there are a lot of places of the hearing, especially like to speak in measured tones in court, but a local words make people uncomfortable, what is our aim? To maximize the interest of the accused. If you are willing to listen to the judge? Maybe the people satisfied, my lawyer, the audience. I have seen such a lawyer, the effect is not good. Really I do not guilty cases, or I see, hear the case, without a lawyer in court to speak in measured tones, and the audience below the applause, No. The audience feel good, your defense opinion basically is not good, because you're not around the facts and the law.
Third, Is it right? Because of the relationship between lawyers and judges, there might be innocent? This is not possible. We know the relation between a judge and lawyer, if long-term cooperation, there may be some emotional factors in it, but if it is a guilty case, let a judge to take their own position and man's life and family possessions to perverting the law, the judge will think it worth it. Transposition thinking, your classmates and there as a judge, you ask him willing to. So the real guilty cases and how much it doesn't matter, it doesn't matter and good relationship between lawyers and judges, with you in court speak in excitement emotion it doesn't matter, relationship with your communication skills.
We can see, there are a lot of lawyer as a professor at the school, theory foundation is quite deep, but in a market, he do not too good. We also can see, many of our students is to master the debate in school, but when doing business lawyers, we find that he do not very good. Why? Because you re deep theoretical foundation, communication capability is not strong, the court had finished it off, who will listen? So the case will not have good results.
A student when doing math problems, he just use formula, axiom, theorem can derive an answer. The lawyer's job has its own characteristics, in addition to full of technology, is full of art. Although the law is relentless, stiff, but in the process of lawyers, you'll find out that there are a lot Human effort is the decisive factor. space, and this little space is a good lawyer really play a role.
A relation of principal, and
In criminal cases, the most important and what people? What most lovable, what were the most terrible? The most important person is the principal, the defendant, the detainee. The real people who pay is the principal, is the most lovely people, because he has to pay, the most terrible is his. Because these clients they have plenty of time and energy, they will take a variety of ways, affects the case, lawyers, judges. Unlike the parties, the parties were detained without method, but the client is not the same.
The principal because of their loved ones in the custody state, so their entire physical and mental suffering, I see the principal, learn some legal, some collect evidence, and every day of the call the lawyers, lawyers, hope and communication meeting, make progress lawyers analysis cases. Some clients every day for a lawyer to find the judge communication. Our lawyers know, sometimes we are helpless, you have to stand on that client's words, to come up with half of the time and effort and client communication. The client will not understand there is no way, some serious and even letting lawyer.
　　1To fully understand and sympathize with the client
I'm in practice way, hand to listen to his statement, show sympathy and understanding, on the other hand, make careful interpretation, and habits before my each work begins and ends, with my client hello. In this way, the client and lawyer relationship between the coordinated.
For example, I will go to the party, you don't go to see him, he also does not require that you see, and said that he asked to see, rather than on their own initiative. Make a telephone call or ask him to come. I'm going to meet, do you think you have what thing? In fact he vent,20Minutes later came. After the interview, then said to him, which is what the situation. This communication is very important.
For example, with judge made a postponement of the hearing of the application, such as the judge said want to re identification, before all the work, to say hello to his client, if love be picky, please him, give him a copy of your file, let him advice, this process is very important. He knows the lawyer in the non-stop for the case, even if the result is not good, he won't complain you. So the first question is established at any time communication habits and contact way and their clients. Let the lawyers fully commissioned its own client.
　　2Firm in principle
The client will present many unreasonable demands on lawyers, I remember just as a lawyer, at that time, the watch is not tight, customers often request is put a canned or apple in the finished inside. Now the client"You write a letter to him","You put him on the phone"The principal, or find their own witnesses, encounter this kind of situation, I believe that the law must be decisive, firmly say no. The beginning even have any hesitation, the client will want you to violate the principle of. If I do so, not only can not protect the parties, but you have to find someone to protect me.
　　3With clients to maintain a certain distance
China is a human nation, all clients want and lawyers play a good relationship. Remember, rice to eat, not things, those things with lawyers fees than poor, once took these things after he requires of you step by step, add a lot of unnecessary workload.
　　4Cannot be guaranteed
The principal every day, ask the question, is this case how, then what is it, what time to the court? There are a lot of the law in order to get the business, often to the bet. In all good lawyers China, without a lawyer is to clean up the party. Bet is later killed himself, and sometimes miss the people man's life and family possessions.
　　5The principal and the establishment of comrades in arms relationship
Second communication, we should put it into his. To struggle together for a goal. Once the defenders to pick up the case, the case is not the one thing, lawyers in addition to the legitimate rights of the defendant to strive for, in fact the lawyers in their career, reputation and work. So they should be an ally's relations, equal relationship, a relationship of mutual help.
Communicate with the defendant, the key lies in meeting. Meeting is divided into two categories: one category is the substantive meeting, another kind is comfort meeting. Substantive meeting including the investigation organ for the first meeting, after the prosecution of submissions to meet and get the indictment after the meeting. Fourth is the marking process meeting, fifth is before the court meeting.
The first meeting is a substantive meeting, what to do? To clear the substantive law and the relevant provisions of interpretation, with his charges. Second is the program, let the people know, how soon can to the next stage, is divided into several stages.
After the prosecution of submissions are also a substantive meeting. Originally in the investigation stage, the public security organ first, then get the prosecution of submissions, know about the situation, and the specific details of the case have a chat.
Third meeting is to get the indictment after the meeting, often means that the lawyer had to roll. The indictment and prosecution of submissions are not the same, the indictment is the last case is what charges. So get the indictment will see the parties, let him around the indictment charges, detailed make an explanation. His experience of the story, it is helpful to marking.
In order to understand clearly marking reading reading, first make clear the substantive issues, must understand the substantive issues, what is the charge? What is the legislation? Judicial interpretation of what? What can be found in the online case? So the key problem about screening out. The second way is to clients, to listen to the parties about the development, a case materials often have hundreds of this volume, and the parties to meet later, say to you to pay attention to the following several witnesses, and know the facts, so you know in marking time, can have no necessary to screen out. The third step is to come back and the parties to communicate. The case materials of proof and your situation is not the same, in where? The three step to scoring soon, but also to seize the key. So reading to grasp this point three.
Reading time meeting all belong to the substantive meeting. There is the last meeting, hearing before the end of the time. Substantive meeting I said is the case, a direct value to the customer meeting. Of course there are many meeting is of no value, such as customer requirements you see. See what? Asked if he had money, would take clothes, do not get the quilt; tell him that the child is very good, also very good wife. These meetings have no real meaning, but China lawyer these must do.
Communication function, with two
The first effect is familiar with his own party, we had not seen the parties, the beginning of this customer contact, he reflected on the merits of the attitude, often on the case later defense results, to indicate the direction of. And the parties met cry and shed bitter tears, said yuan, that this case has argued head. If the customer see you feel without what may be the case, the defense space is not big.
I and my customers constantly marking process, Shandong Tai'an case, the party is Jiaodong, because of my long and he met, his words in the Tai'an I am the only one who can understand. Know his temper, temperament to him, they can defend to conform to your way of thinking.
The second is to establish a good relationship. I have many customers are not trust lawyers, because after being caught, and some are always together say defenders: what do you mean? Can I trust him? This is my lover please counsel, is very important, the parties do not want to trust a lawyer, he must inspect the lawyer. Sometimes the parties, the suspect can see lawyers look out, he trust you.
If the defendant from the court came to look at you, that explains the relationship of trust between you fully established, second saw their families are not. There are many cases the parties do not trust their own counsel, the court process, the parties to the defense and irrelevant answer, lawyers do their own defense alone, this trust is not established, the effect is good?
Frequently encountered an abnormal phenomenon, lawyer was reprimanded his client. The results of your parties see lawyer, and see the public security personnel. In fact, to establish a strategic partnership with the parties, he will trust you. Trust is not only their own expression, but also through your actions express. For example, some progress in the case, we'll go and see him, to tell him:"Yesterday, just returned with the prosecution of submissions, I'll come to see you today."He thought that the lawyer responsible for me, I'm glad you told his family are all very good, don't worry, this trust is gradually building up.
There is also a manifestation, is the trial process, when the defendant's testimony opinions, if see his lawyer secretly he unconsciously, he is looking for an answer, this time we can draw a conclusion that, to establish a good relationship of cooperation between the parties and lawyers and, it is important.
Third, there is a very important work of lawyers have to do: to impart his knowledge of the law, as far as possible, let him know. Let him not to lose hope, if there's no hope at all parties. But to have to accept psychologically prepared for the worst result, can't let his hopes. But once the worst outcome appears, so that he can accept. Tell him we want is the truth in law, but in the judicial practice is sometimes by law shall prevail, often deviate from the objective fact, this must think of a way to let him know.
Fourth, met lets defenders quickly understand the case, just talking about scoring problem, want to quickly find the process, only the parties and talk. Through the chat, can discover a problem, he will speak for itself:"Not ah, there is evidence."The lawyer will come in to this role, will it be possible to achieve this status, familiar with the case.
The most crucial meeting is before the court last meeting. Why is it the most important meeting, because this meeting for the entire trial activities carried out smoothly, in order to get very harmonious good trial effect and lay a solid foundation. After checking, understand the case is the last meeting, the effect is good, want to see before meeting with a basis is solid.
The last meeting to solve three problems: first, let the defendant clear substantive issues. How I want to defend, and obtain the consistent and parties. What is the starting point for our defense. If the parties do not understand the elements four on the aspects of a crime in criminal law. The defender from which element in the defense, to be clear, only he understands, he can answer the question, they make the favorable answer. Only to understand in order to have a definite object in view when the court debate. Entities do not understand, there may be various each debate. The parties and lawyers disjointed. The lawyer speak very good, the defendant does not understand, he told another.
Clear physical problems, but also let the defendant knew procedure, all the accused is almost blind, do not understand the court should be divided into several process. Many defendants a session start self defense, is the presiding judge several times interrupted, the defendant is very angry, he thinks anyone bully him, feeling more and more excited, then he will not say, the court could not open. If there is such an effect, I think the main responsibility lies in the law, we must tell the defendant his clear, the court has a program.
This program is divided into several parts, one began to tell him, prosecutors will read out the indictment, read the indictment asks you if you have any comments, you simply answer opinion on the line. After you repeatedly told him to procedural issues, what state is qualified? Let his own party itself. He can speak out, the second day will say. Otherwise, when the quality of evidence, the court asked when the chaos.
In addition, the final statement to give him a good design, good design of the trial, the effects are not the same, for example a lottery fraud cases in Yangzhou, involving a dozen provinces and cities, the first defendant final statement, I said you don't defend, objective speak, this enterprise is created by you, all of these people follow you a sell lottery, the black box operation are you let them do it, you said your brother when statements in the final time, do not let the brothers feel good do? I designed this segment is very moving, he said in court that:"The case that today is my reason, I do not know the people, they are to obey orders, I hope the court sentenced me, leave me out and shoot Oh, those people are very innocent, are my brothers."It's simple. You say no more, the whole case sessions a week, so to speak, in fact the psychological feeling good, think of the people are good. The defendant also have to defend him, crying into a piece of, very touched. When one of the accused:"The defendant is not important I am, important is the first defendant, he is not my bag."The judge laughed, prosecutors also smiled, but the smile that we in this case, is discussed in a seminar, harmonious atmosphere, this is an effect.
For example, a director of Beijing Fangshan, suspected embezzlement, the case was later procuratorate chean, set up a final statement I give him, I say you this thing sorry sorry sorry court, procuratorate, family, to all the work involved in a lot of trouble. Stand up and say: I'm sorry I prosecutor, a case is small, let you add a lot of trouble. Understand you very much, you have to do so, give you trouble. After the finish, the judge that this person is very sensible, to be wronged someone very not bear. Our lawyers have experience, each case is different, and some need to touching, and some need to trust, and some need to sense of obligation. So some words to the design effects are not the same. He can speak out each stage of stem what, the court would not disorderly.
Third the last meeting with the work to do ideological work. Under normal circumstances the parties are divided into three kinds: the first kind is the person originally outside worry free life, belongs to a relatively comfortable life. Once the state of life, turn the world upside down position changes, is dispirited. You in court if you don't give him do ideological work, he will turn things upside down in court. Another is that they have been wronged, bidouehaiyuan the court, not a good man. The prosecutor, judge at the top. This situation does not do ideological work will be chaos.
The first case you should encourage him, you are the boss, you read the University, in the face of such a small difficulty is resolved? Really want to encourage him, man? We must have the courage to take responsibility. Some parties must hit him, he hated the second parties. All the rage on the court, the people must do ideological work, to tell him the case go to today, with all the people in all it doesn't matter, your results with them one against you, you have to win their sympathy in the trial, the case can go to good direction development. With the sharp words to calm him. Third people is a people's benefits, want to open, after entering the clear. As long as the procedures clearly, he can speak in court is very good.
Before the court the last meeting with the three tasks: first, substantive issue should be clear, let the parties know how with. Second, for the parties to make clear the basic process steps, hearing. Third, do ideological work. Must tell the party speak well, I asks, but already knows., I asked you answer. When the fool can dissimulate, the answer must be answered. Before the court of the three question, during the meeting once solved, the trial are smooth, the hostility and conflict have less. This is before the court the last meeting to do.
Three, and the communication skills
The defenders want method and the communication, only to let the public prosecutor rational, in this case the result may be the right direction. As the public prosecutor, each day's work, is the processing job. The results tell him it doesn't matter, they bother, annoy his first business, second tired defender. In the contact process short, as a defender, how to let the public prosecutor in the ten defenders for a day or a month contact, it is important that your opinion. On you a deep impression, feel good to you, to your opinion seriously. Through touch and you are familiar with, two people familiar with the debate in the court, and two strangers defense effect is not the same as.
Through these contacts many cases is repeated rehearing, have a chance and the repeated exposure, subsequent cases results are still good. The contact process, a good grasp of some would be easier.
According to the framework of the world litigation, between prosecutors and defenders are in conflict and contradiction of a natural, especially in our country is more prominent, with the Soviet system set up the lawsuit system. But in recent years the judicial reform we see good phenomenon: between prosecutors and defenders simple conflict and irrational against less, both sides started to become more rational discussion. This is the year of a very significant change.
Four, how to handle and judge
The court is a sacred place, all lawyers are trying to think of a way to win, win in court court. This is how many lawyers studied for hundreds of years the topic. There is no standard answer, every lawyer will have their own feelings and insights. My understanding to that is simple: a lawyer should what to say and what to do.
How can be just perfect, it is to pay attention to the arts. Lawyers and judges contact, from another point of view is divided outside the court and the court. At that time the court outside, all of your behavior will affect the judge. The lawyer's art is a performance art, in court, your behavior will influence the court. Sometimes unintentionally I do, then I heard the comments that are very good, we have to take the business of his every action. We in the statement, the voice to give each other a long time to think, to put commas and periods show very clearly, they have a great influence on the case.
When I was in Ji'nan to hold a hearing, it is related to the evaluation results of the case, I question the evaluation conclusion, I learned a lot about assessment of the book, I was in court to do an action, I said the assessment conclusion is a serious problem, so I picked up a book, is the financial on several problems of state owned assets of the assembly, I raised my carefully study all the documents of the Ministry of finance, I draw the conclusion of opinion is the conclusion. I can book this one action, actually I was designed, this action shows that the prosecution stressed the first thing I carefully studied. Second, I study deeply, you say I. Third, I this conclusion is based on the judge, please believe me. Is this a movement expression comes out much information. We need to study such things, this is a court art. Can collect, create a benefit which the atmosphere, it would be desirable.
What is the most important weapon to win? Seriously. Outside the court, not in court. I conclude that there is a basis, a Shandong Deheng Law Firm, make a survey, this research focus on two topics: one is the judge in the eyes of lawyers, a lawyer in the eyes of the judge. Issued a total of1175A, the provincial high court10A, Municipal Intermediate People's court181A, courts at the grassroots level996Copy. Clear from the judge survey results45%From departmental leadership21%From the clerk19%, hospital level cadres5%The court, with the official seal of the56A, leaving the respondents contact385Copy. The survey results about later, judge favorite lawyer, what is the biggest advantage of lawyers,46%Judges chose to abide by the occupation moral.41%Judges chose professional skill. Sum up the occupation morals, is actually"Seriously"Two words.41%Judges chose professional skill, means that the occupation skill, knowledge has reached a certain state. Of course, there is also something else, like6%Judges chose the social widespread. About this topic the hate, hate is Chongli Wangyi accounted for26%. With unreasonable demands, not punctual for30%. Take, say without mincing words44%The judges think this is the best lawyer. Yes15%Judges chose the eloquent statement, can speak.
A conclusion we draw from this result, want to be a lawyer, to two words should be reflected in your work. Don't be afraid to judge you, the judge even rude to you, but it will think you a good lawyer. He wanted to do as little as possible behavior cost as much as possible case, this is his pursuit of the goal. So the lawyer each time talk to him, things will increase his workload, but the judge the heart never off such a lawyer. Although there will be feeling and conflict mean, never mind, bold to say.
The first and the contact, first after work. This solved the problem of survival of young lawyers, solves the problem of the source. I rarely advertise themselves, I also oppose some lawyers the old emphasis on criminal defense lawyers did not repeat. Most of my cases are repeat customers. My client recognized me, my client in the detention house also help me to introduce the case, prosecutors and judges who introduced me to the case, my case is so. I have never deliberately publicity, I do not go to a lawyer, the pressure is too big, I'll do a regular lawyer on the line. So we can not, we can low level, we can just do the business, but don't give up in life, it is very important to us.
Ready to stage five, before the court
The question that must be asked, reflected in the"Seriously"Two words, how to judge the show I was serious, how to communicate, light and the judge said that I really, really hard? I see No. So the hearing before a lawyer ten issues must be careful thinking, and make the reaction:
　　1There is no possible. For the change of jurisdiction. Must be before the trial to the court, although the administrative regulations prohibit lawyers and judges contact, but this work has to be done.
　　2The application problem. If the application for withdrawal, as far as possible to say in advance, the court in effect is very bad to say. The judge was arrogant, very angry, then change to judge will have prejudices against you.
　　3The application problem of exclusion of evidence. For example, there is no torture to extract confessions, parties in what case evidence, and the judge in advance to say hello.
　　4. apply to the people's court to obtain evidence to the procuratorate. If we know that there is an evidence to determine the presence, in the hand inside, lawyers should be said to the judge in advance. Want to see the evidence before the trial, the lawyer responsible performance. To the court when, already late, will delay the event.
　　5On the application of summary procedure. Whether the disputed cases.
　　6The case is heard in public. The objection.
　　7Sessional time conflict. Methods we often use in practice is to write the application to the court.
　　8To notify the witness, expert witness, to say in advance.
　　9Re identification and inspection.
　　10The complexity of the case, investigation and evidence collection. Lack of time, delay the trial.
This is before the court at work.
Six, the court asked the lawyers communication
Basic principles: asks, but already knows. The lawyer's drama, drama.
Effect: let not seriously look at the volume of judges, to understand the process of development of the auditor case, in fact the defender's question, is to know the answer. To fully assess their party's intellectual ability, language expression ability, and then to decide what to ask. Ask to be just perfect trial harmonious, smooth, can let the person on your question is convinced, can let the judge not to interrupt your questions.
The court asked the role: first, understand the case, revealing the case.
Sometimes the questions you re trial, the case has a deep understanding of. The court asked, do you know the defendant 'understanding of the facts of the case. The court asked, after you know the prosecution put dry words, what is his subjective form, you can feel dizzy and context of each other. A lawyer is good, a trial of more than 30 defender, a dozen defendants, which lawyers will certainly lead to court attention, it would cause the people's respect, understand the case to ask the question to the full, abandon unnecessary problems, direct care issues.
Second, the court asked that defenders mentality.
What is the question the message to the judge to understand the defender? To help the court successfully completed the trial judge to understand the help, help, the judge how to judge and then to apply. So in the courtroom inquiry process, the defender should pay attention to their own language. As for the defendant or the public prosecutor has often talked about:"Sorry, I did not hear.""Sorry"Very important."I beg your pardon.""Please"Very important."Sorry, I have to interrupt."Such a statement is very important. This is respect for each other, respect the questioner, will cause others to your attention, respect for your defense. Timely advice, this is also a skill defender in court in communication. For example, suggest that the judge each evidence that the defendant identification, suggest prosecutors in the burden of proof before, said the first evidence in the case files of the volume of the first few pages. So when the court asked, and the positions you mind, what is important is shown.
Third, the court asked the role, can also ease the emotional tension.
　　2000Years ago, Shenyang has a large group of Magnolia group, the seller is power. When the seller power level than now Gome and Suning, the boss is Forbes charts top people, was caught. The scenery of the entrepreneur, in there for six years is the verdict of six and a half years, more than 20 days after judging and put. In the trial that the tense atmosphere, a with vigour and vitality to do business entrepreneurs, fell to such a situation he is angry. When we first trial, my pager rang didn't hear, but it doesn't matter I with the outcome of the case. The defendant is the same, so entrepreneurs, tens of thousands of employees, besides his tense and angry, more stressful than to defend his people.
How to alleviate the tension in the trial process? In court, the defendant had once accident and problems, the only thing he could think of to help his people's lawyer, how we communicate with him? Must observe, when your client into the courtroom, he might at first glance will look at the people, such as his wife and children, but he always looked upon you. When he see you in court for the first time, you that time must not do anything else, you must look at him. When he looks at you, give you his smile, nod, his heart is the bottom, the communication is very important. Can design scheme before the court, for example, he mentioned a problem, do not know the answer right or wrong, he looks at you, you can't see him, but your hands can tell his answer is right, only he knows what this means. With the parties in court communication there are many details, such as to remind him not too fast on the express.
Fourth, give the defendant a full of opportunities.
The public prosecutor sometimes is not very reasonable, often ask some hard questions:"The defendant you answer yes or no, the other not to say."The defendant feel very grievance, ask itself to the prosecution allegations, also not let people explain. This time the defendant will be very anxious, helpless even look at you. As defenders, we should write down the problem, when questioned, give the defendant a chance:"The defendant, had the certain problem in question, you answer is. I want to know why you're so answer."The defendant will be very happy, will want to:"I want to say, don't let me say, now he can finally say."He was very comfortable, the family will be very satisfied. This kind of communication, is to give him a chance, let him finish.
Fifth, laying a good foundation for future proof and examination.
If the defender to in the burden of proof, evidence stage show contract, testimony, when the court asked, will be to point to the:"The scenario described the real you?""True.""You said yourself to answer not the real, the evidence?""Yes.""What kind of evidence?""Two pieces of evidence: one is the witness and testimony. One is a contract."This suspense left out. Perhaps the evidence in the prosecution's evidence heap, then the defendant to point out, no doubt to the judge left a suspense. When the examination of the evidence, the judge will cause sufficient interest, improve his excitement:"Well, talking about this issue, what do you mean? I'll watch it."The court asked determines the later direction, not without any cause or reason at sixes and sevens asked, to have to ask. If the counsel of the defendant, do not know what the answer would be, then don't ask, so easy problems.
Seven, the lawyer inquiry skills
First, what to do when the defendant and counsel inconsistencies in litigation and litigation strategy? Must reach a consensus, let him know how we do it well, and in what place, disadvantages in what place. Resolutely oppose both inconsistent.
Second, to consider the defendant culture. If the defendant's cultural accomplishment is low, ready to tired, can even give him exercise, if I ask you, how do you answer, listen to his answer is correct. But if the defendant's cultural quality is high, do not need to drill, drill will lack the vivid. The different accused take different options.
Before the court to let the defendant study, joint research and counsel, the court may produce unexpected, once the accident how do? Once the evidence problems how to do? Once the other defendants pointed out how to do a lot of harm you? Can some offensive and defensive alliance principle to the defendant: can't really answer the answer can not remember, not clear, cause accident to tell him:"Are you sure that you can answer to answer, can't answer, don't die."Once the court appeared to be an accident, the defendant may think:"The lawyer is too experienced, really have a way, this thought."
Third, the defenders himself ready. The court asked the defence people do not pay attention to yourself, because the first question, often to the defender does not have what good question. The defender is nothing more than two questions, so the defender long-term develop a habit: no pretrial questions ready. Before the trial to design their own questions around the outline, later your evidence and defends the idea to ask, for you will be a great help. When comparing the questions and you outlined, very easy to know what problems do not ask the.
Fourth, there are special circumstances. I met the most special is the prosecution of a case is very complex, some problems should not. The defenders have a system outline, the outline of careless. He must be ready, and the problem is designed to be perfectly logical and reasonable, come step by step, very logical, according to a sum of time or by design, a superfluous words are not very consistent, very smooth, it is necessary to prepare court communication. And then a asked prosecutors how to do? Must ask.
For example, a Yangzhou lottery case, ask each time I add to ask a question, every time when the court asked me to design good, first I asked him, I said to you in the establishment of the company before, how much of your personal assets? He answered me very magnanimous, I saved in China Merchants Bank3000Million, traffic bank deposit1000Million, the industrial and Commercial Bank of deposit3000Million. This problem is very clear. The next question, I will ask every time he asked, the case such as his operation in Lanzhou Grand Prix, if not calculated manipulation award hundreds of thousands, will lose much money? Every time he would count. My last question, if the local operation, you don't go to manipulate award, will be how much? He will answer a data. Including the public prosecutor, the court, the other defendants have raised objections, when all the questions are asked, when the court debate, take out the problem. Well, I figured, I said that the defendant is emphasized in the company before, his family to the self-examination7000Million, after the establishment of the marketing lottery company, the public security organs before the incident through investigation and calculation means, the property is a total3000Million. He set up a company, what is the total amount of loss around? Our preliminary statistics, if not calculated manipulation award income, the enterprise actually lost6000Million.
I've come to the conclusion, the defendant is in fraud? There is no one fraud only care about process, cheated of money after take out. Cheat your own property is less. Even if I get property certificate, I could not make the financial report in a short period of time, I by constantly asked the court, in the time that this case, continuous communication, asking when a good design method, this scheme is I think before the trial, ask good design.
Through the investigation of three days, I have them hostile later are very good to me. The second day I went to tell him, I said:"Your first day performance not good."Results second the accused:"Today I'm done okay?"To emphasize their beneficial aspects, weakening their own shortcomings.
Fifth, the defendant launched inquiries, change the passive and the establishment of a concept.
Shortly before the Ji'nan court, the problem is this:"The defendant, are you not the enterprise operator?""Is.""If the managers of enterprises, Is it right? Have the protection of state-owned assets liability?""Yes.""After the two Liupai, you buy the state-owned enterprise to lower prices, Is it right? Caused the loss of state-owned assets?"The defendant did not answer. Ask again:"Your personal Is it right? Knew the price?"The accused man said:"I was the second defendant, a problem is the first defendant."
When I look, how to do? Ask him a few questions, let the situation changed as soon as possible. Because we know that the sale could not only purchase, he has an identity conversion problems. So I asked so many questions:"Several of the assets by the court auction, who is the creditor?""Bank."The second problem:"The property of bankrupt enterprises by the court auction, who is the creditor?""The creditor has no provisions."The third problem,"You as the debtor, as the management of state-owned enterprises, in the disposal of assets of the court you, have you tried to hinder the court auction?""This is not possible, I can interfere with justice?"The next problem,"As you have the obligation to protect the loss of state-owned assets of state-owned enterprise operator, did you do to protect state-owned assets and obligations?""Yes. The prosecution had asked the wrong problem. I was court me how to protect? At that time I have said not to calculate, I'm in charge of things, I can protect, not mine, how to protect? At that time I buy, I say not, only the courts and the creditors have the final say."His idea was changed. So when the court asked, want to ask the information to your customers, and then change the unfavorable situation. If a lawyer can't transfer his idea, he can't help him.
Sixth, in order to pave the way for adducing evidences of their own, suspense.
Eight considerations, the court asked
First, pay attention to how the other defendants.
Co defendant is often conflicting interests. The defender in the query must be careful when, on the co defendant asked, should think of my questions don't hurt him, should fully respect him, let him understand the question asked is good for everyone. He never fit, do not trust to cooperate.
Second, pay attention to clean. The problem can be split. How to split open, closed and open questions are different.
Third, pay attention to the change, establish the interaction and the defendant.
Hearing in Shenyang, I am not the first the defendant, suddenly a defendant confession, say I have no money, I asked him that lawyer is very clear, this question after he would have said no money. Then took place a few defenders, inquiry, defenders next:"Why don't you look at the record?"He said:"He won't let me watch.""You are every record do not see that a record or not?"He said:"Some transcripts also didn't see."Then someone asked accordingly:"You are a senior executives, you didn't take the money, whether you instruct others?""No.""If you see someone else to get the money?"He said:"No."
In fact, work should be made by the defense of the accused person to finish, but sometimes is reached, the communication is very timely, the status of all you are not the same. This interaction is generated at any time, in the court like a dog smell, this is an excellent defender.
Fourth, to respect their own parties.
The defendant is a source of defense rights, respect for the defendant, defenders can gain respect. How to let the accused get respect? The first defender to try their best to raise their status of the parties. Only raise him, you can improve. To advise his client to correctly treat the trial, remind yourself of your client carefully listen to the judge's inquiry, to understand the answer, if you don't understand, can't answer. Please pay attention to your time and your customers, with such a mood, you use the"You"To communicate. I have a comrade in arms and my clients, it is only possible for prosecutors not to his own party as a criminal.
　　1The burden of evidence
The burden of proof is the most weak link for defense lawyer existing occupation skill. Why do you say that? There are several reasons: first, the defense lawyer investigation of long-term nominal power. Secondly, the defender proof often have a great impact and influence on the chain of evidence, qualitative so that in the case of doubt, many defenders abandoned the investigation and collection of evidence, then, decreased ability to investigate the lawyer for a long time. When the defenders proof, the defender is often act with confusion, say not clear evidence to prove what matters. We have to think about, how do we prove? In fact, the teacher is just beside you, is your opponent, the public prosecutor is you learn.
In the proof of the technology, to learn from the public prosecutor, strategy, I think a way to advance to the court evidence. Although this violates the basic principles of "Criminal Procedure Law", contrary to the intention of the legislation, but the lawyer in this environment have to do. We face the judicial environment and our legal culture and traditional law background, we have to take some evidence that the defendant not guilty behavior.
　　2Risk proof
The original documentary evidence, should pay attention to form, source, procedure. The proceedings in criminal cases, we often see, the prosecution evidence for the existence of such problems, did not bear any responsibility. When the defense evidence when such program problem, often cause a lot of misunderstanding and wrong, will be complaints to the Bureau of justice. We see and what we need to do the gap is too large. Judicial organs may have problems, lawyers can not be a problem, a problem to undertake risk. Documentary evidence and material evidence, procedure must not have a problem, such as the need to seal must stamp.
Confession, testimony of witness, our country takes the is the way to record large front yard, all records of pile up like a mountain hand in front of a lawyer, and record and testimony not a contradiction, meet the eye everywhere around. Since the investigating personnel will use the computer, a new situation arises, in different time, the investigation to the same question were different not.
Such evidence is clearly has a problem, the defender in the testimony of a witness on the link, the testimony of a witness evidence, must assess how your client, your witness Is it right? Where dare to say, if there is no judgment, as far as possible not to see his witness, as much as possible so that their own witnesses to court. And to the court to get rid of the witness and lawyer suspects, to ask a few questions. As we whether by phone and so on, below the case study, get rid of a lawyer. Because the witnesses great flexibility, often after the defendant family the witness, the witness appearing in court or court and not willing to confession, be careful.
Examination of the problem, in the litigation process, play a connecting role. The court asked the process description is clear, the story is very good, the court testimony to this solid. Evidence stage not wrong, must take the evidence is clear. The court asked not foreseeing many, the court debate too, once the debate, organization of language may change at any time. But the evidence is not the same, want to ask these questions this evidence is good or bad? The evidence of what is good, what is bad? When the court testimony to produce such evidence, I as a defender should publish what views?
Quality certificate is a prerequisite to penetrating marking. Must see, not omission. Any small omission will cause huge loss. Do not think that the accused in detention and talked for a few days and nights, and then you can relax on the materials of vigilance. Because the defendant is not a lawyer, his knowledge of the law is deficient, his understanding of objective things is a gap, but the defender can not be omitted, scoring from this angle is the physical strength live.
Second, in the published evidence of opinion, should pay attention to several issues:
First, time to time, to keep up with the pace of testimony. At any time to find his rhythm, see the evidence to remember when you are ready, you a few points on the evidence of thought, as well as in the previously occurred in all cases, can not be summed up the other favorable to the defendants. Once this evidence of past, you think of the evidence system of opinion, there is no chance. Many lawyers do not comment when telling this evidence, when the controversy when, the opportunity is missed, it is wrong.
Second, the content must be clear, cross examination opinions must sum up a few points, understanding of the evidence of the senses, judgment must be clear, to evaluation from various angles, such as the witness's character, perception, memory and so on, to have a clear view. When a lot of defense confrontation confrontation card view is not clear. Finally draw a conclusion: the defender believes the evidence for the existence of a large number of facts and logic and inconsistencies, so this evidence should not be the court verdict when the basis for the court, please note. This is a summary.
Third, entangled in the examination does not have too much too fine details, some problems can not be solved is the trial.
Fourth, pay attention to attack. The prosecution's evidence is often contradictory, conflicting testimony and the original documentary evidence, the contradiction between the different time, a witness said the testimony is not the same, a record doesn't like, have to find out these things, let the courts have impressed. Can be said to find contradictions, is the focus of the lawyer's practice.
Fifth, in order to pave the way for their burden of proof. Quality certificate and ask the same time, will also leave a suspense. For example, the evidence presented, to emphasize the doubtful authenticity of the evidence.
Nine, how to let the judges with defender
Fact: the defense counsel denied allegations that fact, or give new evidence, proof of the original chain of evidence is wrong, or is accused of the fact that there is no defense. This defense in general, defender, will focus on several topics: identity, objective aspects, objective results, whether there is a causal relationship between objective behavior and the objective results, subjective state of mind and the subjective state of mind is not the same as other charges. The fact the defense often can achieve better defense effect.
The legal application of Defense: This is the most difficult defend, is the most important level of defense. Because the judicial practice, the case is all sorts of strange things, between crime and non crime, this crime and other crime a tiny difference in particular, the fact that there is no problem, just for qualitative, this time to debate to a deep foundation. Sometimes really is that both sides are very clear, the judge also suddenly become enlightened at once.
Procedural defense: the defense of our nation's program has just started, there are some lawyers have made some achievements, very gratifying, but the effect is not too good. Procedural defense is a criminal defense lawyer pointed out that, to the relevant departments in the procedure of investigation, prosecution, trial of illegal activities, the suspect, the defendant not guilty or not be held criminally responsible opinion. If our society is developing very smooth, maybe ten or twenty years, the program will become an important weapon to defend each lawyer hands, when we have a lot of experience, you say this is not a good thing.
Fourth defense: a clear strategic direction, is the plot of the defense. The defense can not be missed, must speak, especially when the first round of defense.
　　1The design strategy
First, the defender should you talk to who listen. This is a very significant problem. Now the main objective some lawyers spoke is make people happy, some lawyers for defendants, some lawyers and prosecutors. I think that a qualified lawyer in court should be very gentle. He will be very peaceful, very carefully to the. I very hate some defense lawyers light up with pleasure, some prosecutors expression while hold about and give oneself airs is full of contempt for a while. This is not good, as a lawyer, we ought to not see, not to fight back. I often tell my assistant, in court not to have any expression, don't have small action, such as head, this will reduce the court's opinion of you, this is the details.
Second, pay attention to the beginning and the end. In the debate at the beginning can take some conciliatory tone, to show the simple view, and the witnesses, some opinions on the other defendants. At the beginning of the end is very important, too, to the lyric, in some cases, really want to lyric, such as some cases are entrepreneurs were caught, to please the judge's attention, in this case please the court carefully, carefully, and then carefully. Don't stir too much, but the height must be.
Third, pay attention to the depth, the essential legal analysis.
Fourth, a clear understanding of the situation, adding to the court can not solve the problem, not much, entanglement.
Fifth, when the court debate, should pay attention to coordinating the relationship between other defendants co defendant, can not protect their hurt the other defendants. If you hurt the other defendants, the other defendants co counsel may charge you second prosecutors, blame, attack on you. So, to coordinate the relationship.
Sixth, the court language, I feel that if you want to enhance the mood, we use the rhetorical questions, using the necessary silence, the sound of adjustment, sometimes you can ask ourselves, sometimes question without answer, such things added to the inside the effect will be not the same.
Seventh, grasp, focus. The first debate, the process is very comprehensive reasoning. Strictly speaking it is rational, the defense is based on the court asked, after the court testimony, advocate comprehensive summary of this case all can be summarized to the favorable to the defendants, but must be focused. To be comprehensive, but also highlight the key. Logic needs to have the language ability of organization, theory foundation, found the other side of the problem, contradiction. A lawyer is a very practical work, must be done, do a lot of business. Through a large number of business, realize instructive things to us, to extract the essence of something.
　　2And adhere to the principle of trial. Create a harmonious combination
The court I emphasized the theories and views, are very care about the trial of harmony. I think the court the court speak in measured tones, speak in excitement, contradiction fold out of the court, the court will not conflict with good results. For so many years I handled court acquittal cases, the atmosphere is very good. This to create by who? It builds on lawyers. The public prosecutor and the judge is to finish the work, they can not bring the emotion inside. The defenders inside through speech and manners, preparation, your work is done, you'll find out you are a conductor, you command them to do things. An action regardless of the outcome, can win the lawsuit, your defense to do.
When the judge with the principal family, your lawyer is good, when the public prosecutor to come forward to shake hands with you, this case even if the defendant to pull out of the death, litigation lawyer won the respect, you are a good lawyer. A few years this characteristic is qualitative defence, or innocent, or is a felony, not the middle transition.
And adhere to the principle, in the court the lawyer to resolute, otherwise the parties are not satisfied, the client is not satisfied with the. So a lot of time to grasp the degree. Don't let the burden of proof when I stick ju. If a compromise, they will think you are just please, no good effect. To adhere to the principle, only insist on the principle of better harmony, the principle of not insist, how can the harmonious?
　　3Procedure document
Litigation documents, strict demands on themselves, repeated pondering your litigation documents Is it right? Best. All the things I want to submit to the court, sometimes my customers a matter, he asked me to give him a. I submit to judge things, must be thought again, no wrong character, no punctuation problems. I submitted to the court documents, what brand, what is the row spacing is fixed, the style is all the same. A good argument is too important.
At noon today have a lawyer asked me:"I read what you've written, you write so much, the judges look?"My answer is:"Write the number is not our lawyers can decide, is a case decided. If I write ten thousand words, I can clearly tell you, those ten thousand words you let me delete anything I want to, delete a word I did not give up, delete the following changed flavor, the matter is not so."Some lawyers to write10Page,5Page, the evidence set out a lot, reference transcripts of the content, the evidence list posted, the post, this thing who see? You write something really useful? Should be fine, should be smooth, reasoning. Even if you write three pages, a judge, is useful. You write30Page, the judge to find love, make smooth reading, language fluency, reasoning, the judge can really read. You write well is very important. I suggest that, if you want to compare, put all the defendant's instruments used, to compare who write well who writes is not good. This is to judge a final, not relax.