The lawyer business and litigation has "Gordian edge", even in non business be just unfolding today, still not the slightest neglect business litigation. Litigation "Scene", corresponding treatment plan This is not the only one., but litigation is not no rule. Here, the author combines his practice experience, try the following summary, to learn from colleagues!
　　
A, business litigation target
What is the litigation business goals?
It seems worth the problem of a theory, "is not the goal of litigation case?" I don't think . The author thinks, lawsuit goal is to obtain client approval procedure results, but won only entrust a result people recognized; although the entrusted people want to win, but win the only result is not recognized by the trustee.
To realize this point for doing business litigation has the very strong practical significance. First of all, the lawsuit is the result of the contingency and uncertainty to a certain extent, so before the lawsuit is very hard to know the final result. Secondly, because of our country's judicial system in some areas are still not perfect, such as some cases caused by some intervention, should be the winner and ended up losing in the law. Once again, the law should lose a party to pursue successful results. Finally, compared with favor, client approval for lawyers to develop the legal services market more profound and comprehensive, because lawyers are likely to get all the principal recognized, but not in every case can win. This determines if only to win as the goal of litigation is not realistic.
To realize the goal of litigation lies in obtaining the trustee's approval, can let the lawyers consciously aware of the lawyer's job is not only to get the support, but also to convincing the client. When the face or losing the results, the lawyer must through the communication and persuasion that the client to recognize, lost if not because of the existence of unfair factors judicial organ, is the law is to win, not a lawyer misconduct or incompetence, so that the client can still be recognized the work of lawyers in the case and had.
To achieve the above procedure target should be completed two aspects, one is to develop action plan and reasonable; the two is to handle the relationship with the client. This needs to be stressed is, if the client on the specific case of expectations too high, try to let the client to change original intention "". In practice, the principal because often consider only for their own factors, or do not understand the relevant legal provisions, or only a moral judgment, on the specific lawsuits tend to be. This "high" is a lawyer for stumbling recognized by the trustee, the lawyer must be based on the specific situation, take appropriate means to resolve the principal of "not", achieve reasonable litigation target.

Needs to be emphasized is that "lawsuit, in order to obtain client approval" is not to say that the lawyer should cater to the principal ideas and requirements. Practicing lawyer at all need in accordance with the law, in accordance with the law occupation ethics and practice discipline, can not do as one pleases for client approval. The contents of the law two, litigation
The contents of the law litigation is divided into two parts: determine the legal facts and application of law.
The author thinks, although the applicable law is the lawsuit goal, but the affirmation of the legal fact is the focus of most litigation dispute. Since China is a written law country, the judge can only applicable statute judgment in the case as well as in the judgment, and generally do not explain the logic reasoning process of the applicable law. The fact that law is particularly important.
Legal fact is relevant to the case, the facts and supported by the available evidence. The court of law the fact how that often determines the basic viewpoints of judgment. So, that the lawyer must pay special attention to the legal fact.
The affirmation of the legal fact mainly around the evidence for. The litigation skills and evidence (especially the quality certificate) about. For example, a lawyer to learn how to put the burden of proof reasonably transferred to each other; how to make full use of both the principal facts without objection is derived for legal facts the legitimate interests; according to the objective fact selects the facts and evidence on litigation plan their favorable.
The affirmation of the legal fact requires not only a solid legal basis, comprehensive, also need other disciplines of knowledge, experience, thinking ability and other aspects of knowledge and skills. I remember a American senior lawyers concluded: since the day you were born, until you enter the court, while you have the knowledge and experience to do all you lawyers are essential.
Application of law is defined between the legal facts and legal logic with legal work, is a typical. The correct application of the law to support their claims need lawyers familiar with the relevant legal provisions, has the profound understanding and the understanding of the general principles of law.

Three, the thinking frame of action plan
Action plan has its internal frame of mind. The author thinks, from the frame of thinking the counsel for the plaintiff and defendant lawyer to specific analysis.
Counsel for the plaintiff is the main framework for thinking "argument", is to establish from the legal facts to legal argumentation system. In fact, the system logic and the application of the law to strive with no chink in one's armour. As mentioned above, the legal fact is often the focus of controversy of the case, the legal fact this system should especially do solid, rigorous.
The defendant lawyer's way of thinking is mainly "paradox", is to find the system of plaintiff the loopholes. Because the legal facts reproduced with evidence for the existence of chance and probability, the defendant's lawyer to legal facts fully find loopholes, so as to achieve the purpose of "paradox".
Whether "argument" or "paradox", there is a "theory", need law to establish a complete proof system. This demonstration system relating to the subject, the legal relationship between legal facts, application logic and law, but also in the logic to be careful, integrity, any part of a loophole, may lead to the collapse of the "demonstration system".

Of course, the "argument" and "paradox" is not absolute, and sometimes need to transform. Such as, sometimes "to first refutation argument". 　　
Four, determine the specific action plan
Know the thinking framework of litigation, litigation is not equal to a specific scheme. How to determine the specific action plan according to the thinking framework, is the key to the success or failure of litigation.
The author thinks, develop action plan specific to the following work:
(a) to understand the case, determine the legal facts
This part is mainly to reorganize the evidence material, and the principal exchange of views, to understand the basic facts of the case, to determine whether the need to collect evidence, if necessary, collect evidence, how to collect evidence.
(two) to do research work
By understanding the case, the main problem of abstract actions (including legal facts and applicable law), determination of the main contents of research, such as is the problem of ascertaining the facts, or the applicable law; procedures, or entity problem etc.. The author thinks, to do research work is to determine the reasonable action plan priority among priorities. A comprehensive survey of the best include the following contents:
First of all, the query and the relevant legal provisions, the scope of inquiry as widely as possible, including not only the substantive provisions, should also include procedures. Formulating the civil procedure scheme sometimes need to consider the provisions of administrative law and the provisions of the criminal aspects. Handling foreign-related cases, should not only consider the domestic law, and sometimes even considering international law and foreign law.
Second, access to domestic related cases. Although China is not the case law countries, but the typical precedent for similar cases have reference value.
Third, if possible, to exchange views and judges. Of course, here said the judge should not be the judge in the case, but should be with the trial judge it doesn't matter. But, this kind of communication should be established on the basis of academic study, such as please judge lecture or academic seminars etc.. Exchange of views in this way and judges, is conducive to the understanding of a kind of case law judge opinion or judgment method.
Third, access to foreign related cases. Effect of foreign cases on China's action had no legal, but access to foreign cases can be inspired, the so-called "Outside the Box, jade".
Fourth, understand the relevant academic point of view. Academic research on relevant legal issues discussed are often more profound and system, understand the relevant academic point of view to correctly determine the legal facts and the application of the law in the litigation has important reference value.
Fifth, to consult the relevant experts and consultants. "Experts" are not limited to legal experts. Experts to non legal field sometimes for help and advice to determine the facts necessary.
Sixth, the exchange of views and other lawyers. "It is," the exchange of views and related areas experienced lawyers, or mock debate, can greatly improve the litigation in your plans.
Through the above research, a relatively perfect action plan can be "surfaced".
The lawyer to achieve the above research should establish their own "think tank", establish connections between consciousness and experts. Of course this problem to a certain extent, can be solved by law firms, such as many law firms to hire an expert advisor. There are many lawyers, too believe that their one's own knack in, do not attach importance to the research, the result one can imagine. In lawyer business change rapidly era, the lawyer business level not only depends on how much their legal knowledge and business skills, but also depends on the use of "brain trust" ability to determine action plan. It should be said, developed

The Internet and computer application greatly facilitate business research, provides a powerful support for the improvement of action plan.