Methods and skills of legal aid center to receive legal advice

   Receive legal advice is the daily work of the center for legal aid, legal consulting is a basic legal aid center staff.
   Legal advice legal aid center refers to the unit and individual citizens put forward legal affairs relevant to ask, to explain or illustrate the Legal Aid Center staff, a business activities or provide legal suggestions or recommendations. Usually by lawyers, legal workers and Legal Aid Center staff served as legal consulting work. In practical work, to come to the advisory unit less, the vast majority of individual citizens. More of the vulnerable groups, the elderly, women, disabled, unemployed and migrant workers.
   Characteristics and significance of a, consulting reception
   Legal advisory work, mainly lawyers, legal workers and Legal Aid Center staff the reception of visitors, they encountered in various social and family life and other aspects of the problems and queries to answer. Usually used orally.
   (a) the characteristics of legal advice
   1, the broad consultation. Civil, criminal, and administration. On the civil side, a marriage and family, contract disputes, labor disputes, housing disputes, tort damages. From the law to the national policy, law problem from the domestic to the law of foreign; involved in litigation, and non litigation; history, also has the reality and future, Nothing needed is lacking. With the development of society, we have recently found, some parties have psychological problems to consult, they need to talk, this phenomenon is increasing.
   2, consultation is very extensive. Workers, farmers, students, soldiers, and intellectual, cultural degree is low; men and women, old and young; in the city, but also outside the provinces. Most objects to the consultation is vulnerable groups, they need to get legal help.
   (two) the important significance of legal consultation to answer
   Legal advice to the government, is through the Legal Aid Center for the broad masses of the people, especially in a simple, effective way to provide legal services for vulnerable groups, is also a kind of convenience for the masses, to maintain social stability, promote the important work of stability and unity. Its importance is shown in the following aspects:
   1, legal advice, is to meet the needs of people in urgent need of legal assistance. Due to some vulnerable groups culture level is low, the lack of legal knowledge, for the lack of understanding of the relevant laws, regulations, policies, in solving some relates to laws and regulations, policy issues, urgent need for legal aid center to provide legal aid for the Justice Department, they therefore, free legal assistance to provide legal aid center, by the the masses of the people, especially vulnerable groups welcome. In 2005 alone, I District Legal Aid Center to receive the compulsory legal advice 3998, "12348" legal advisory telephone 5644.
   2, legal consulting, is a visitor was legal, policy propaganda and education is one of the most direct, the most effective way to. It is different from the legal system propaganda on the class, because it is an other, face to face, have a definite object in view, well targeted. Many of the visitors are with a problem, with a satisfied to go out, thanked. Legal aid center to hear the most is: "thank you!" The word. Sometimes one family have come to the consultation, such as the occurrence of inheritance disputes, several brothers and sisters to ask, they feel that the legal aid center is the most fair, most reasonable.
   3, legal advice, help visitors to improve ideological and moral and legal ideas. By providing legal advice, support the legitimate demands of visitors, to stop visitors unreasonable, illegal request, help to solve dispute solution, reduce crime, promote stability and unity. Such as, a neighborhood disputes, the contradiction between the two sides is very fierce, one party threatened to kill him, to consult to the legal aid center of Legal Aid Center, hope can help him, we told him the relevant laws and regulations, make him realize the consequences and severity of harm, persuasion and education through patient and meticulous, stability his mood, put his idea to kill, to guide, to help him to solve the problem through legal channels.
   4, legal advice, is the bridge and link between the party and the people's government is closely linked with the masses of the people. Through visiting the conversation, know that they need to solve the problem, the views and demands, so as to provide information and advice to a reference value for the relevant organs and the relevant departments, in order to improve the work. Such as: meet the residents, there will be a lot of people to the legal aid center to consult, put their ideas and requirements to say to us, we will through the appropriate way to reflect to the relevant. People believe that the legal aid institutions run by the government, not only do not collect fees, but also good service attitude. Therefore, legal aid centers by the people welcome. Recently, we deal with several from the District Office in turn letters, they through the complaint did not solve the problem, through the help of Legal Aid Center, has properly solved. Such as: live in Yangpu District Hangzhou road 66, Lane 3, Room 201, uncle Zhao Minhua (73 years old, the old and lonely) and real estate conduit company to 6000 yuan intention money dispute, Zhao Minhua went to the district government petition, visit the District Office of the District Justice Bureau, the leadership instructed the Legal Aid Center hosted. Legal aid center to provide legal aid to uncle Zhao Minhua, won the case, please back to 6000 yuan. Uncle Zhao Minhua sent a silk banner. The banner read: "care for the elderly to compassionate people gratitude government never forget".
   Two, legal consulting skills
   Legal advice legal aid center reception has its unique skills.
   Reception staff to answer legal counseling skills, is the master key "listen, look, ask, analysis, a" five links.
   A, listen. Is to listen to the visitor's statement. This is the premise and requirement of legal advice.
   First of all to have the opinion, can be concerned about the sufferings of the masses, be enthusiastic, otherwise it is difficult to listen to the "true" ; secondly, be patient, even be lengthy narrative, have patience to listen to, otherwise it is difficult to listen to the "quasi" ; finally, the whole process of listen carefully to the question, we must listen to the "full". In order to correctly answer, must listen, listen, listen to the quasi really, for the reception of the people, does not require "after listening to the whole letter", and should be required before "letter to". Objective is to ascertain the truth, to understand the essence, lay good foundation for answers.
Listen, listen, listen to the quasi really, the reception staff should pay attention to in the process of listening:
To listen to; to encourage each other to say, preferably with some comments. That you are concerned about the problem; to hear overtones, implication; pay attention to each other's psychology, observe each other's face, watch each other's tone.
   Two, see. The first refers to review the visitors bring evidence. Such as: property right card, this account, contract, agreement, judgment, mediation, work-related injuries that book written materials related. Review material, not afraid afraid of long, but should pay attention to whether the "problem" with the. If it is not or little relationship to nature, without the. The second refers to observe the visitor's emotion is normal, and pay attention to the changes in his different emotional response and emotional. In the excitement, the reception staff to be good at emotional stability, so as to restore normal.
   Three, ask. This is reception staff to the visitor narrative situation questions. Question has two purposes: first, to ask the main plot events, so that visitors described the process and details to save unnecessary; second, in order to make the question relates to "facts" more clear, further highlight the theme. In general, the purpose of questioning is for as soon as possible the center link to hold "problem", so that more targeted, more accurate answer.
   Question guide way according to different objects and different nature of the problem and have a distinction, the main distinction between:
   (1) confabulation. It is suitable for visitors to be full of worries, rational not to wait for a circumstance, want to have patience, attitude. This way is suitable for the first time to consult the people, especially suitable for the elderly and middle-aged women.
   (2) of type. It is suitable for some important and difficult problems, or appear in the new situation and new problems, or have been controversial, but not expressly problems. Both sides of this discussion need to have some legal knowledge. Discussion questions, one is to open up. The question should be concise and to the point, to stick out a mile, don't be vague. Two is a good shock "". If we can seize the visitors "excitement" questions, can arouse the conversation. Three is the question to break up the whole into parts. The questions should not be too big, big general.
   (3) metaphor. The visitor problems if not the Department's work, is not legal advice wide problem, (such a situation often encountered) can use the metaphor of the way he should inform, by which department to solve. For example, to buy food to vegetable market, want to go to the hospital. If the account to the public security departments to solve work-related problems; to the Department of labor. The analogy with the method, the parties will soon understand, his problem is which department to solve.
    Four, analysis. This refers to the receptionist to visitors statement after understand, see, inquire, to question, to do a comprehensive analysis, find out the crux of the problem from the law, regulations and policy point of view, to seize the essence of.
   Complex questions to visitors, comprehensively on the basis of the analysis, and then according to the real answer to the question, is an effective method of consultation. The reception staff were legal advice, in the analysis of the comprehensive basis, make the legal test but also for visitors, such as the problem itself rationality, legitimacy, the relationship of rights and obligations involved in legal problems, and whether or not to grant security etc.. To make the right judgments. Requirements analysis problem without randomness, the same judgment nor from the subjective act of.
    Five, a.. This is the main problem for the visitor reception staff proposed, in the analysis of judgment, make "have a definite object in view" answer, to consult the people are most concerned about is the part.
   The answer is:
   1, to clear the focus of. In plain language, the truth about clear, the relevant laws, regulations and policies to explain the thorough, to make them understand, hear, for reference for.
   2, to answer the question should be targeted. Answer the questions should have a definite object in view, don't "ramming paste", "screw up" is the result of the hit "brand" when people don't believe you anymore.
   3, proposed a solution to the problem to be feasible. Otherwise, or be of no avail; if not, shall truthfully inform. Cannot smatter.
   4, can not "kick", not "Tai chi". For example, the implementation of the policy and the law does not expressly provided problems, such as unable or difficult to answer, and therefore cannot provide the legal help, also should say, not "kick", not "Tai Chi", let a person fear cloud.
   To track 5, some of the problems. The reception staff can not be said, and should be responsible for visitor's spirit, to help solve the problem, some problems need to be settled, you can find the other party mediation; some issues will need to help the parties to the proceedings, may provide legal aid. The tracking problem, also help to improve the reception personnel's business level.
   6, answer to grasp the sense of propriety. Do answer to grasp the scope and magnitude, using words, tone and intonation should pay attention to the order of priority, words can not say, also cannot say, leave adequate leeway, never say a word, bet.
"Listen, look, ask more, analysis, a" five links, it is not isolated existence, this sequence is not a consultation procedure. There is a close connection between them, need to combine, interspersed with each other.
  Methods three, legal advice
  Legal advice legal aid center received a special method of the.
  First of all, visitors will be recorded in the official start, asking and answering, the reception staff should be the first to be registered, asked the visitor's name, gender, age, nationality, occupation, cultural degree, work units, home address, telephone number, in general, and then in accordance with the "registration form" for legal advice fill in the record, was asked to visitors, for the record, but also for future contact, analysis, summary and recommendations to the relevant departments.
  Secondly, the reception staff to grasp the method of comprehensive analysis. There are usually:
  1, causal analysis
  The visitors narrative situation, find out the reason and result, analyzed according to the theory of causality. Analysis of the use of causal, must grasp three points: one is to find a causal relationship. The two is to determine the nature of causality. Usually must solve two problems: (1) to determine whether there really is a causal relationship, which as a result of, which is a result of. (2) types of causality, is a result of more fruit, or a fruit because, or fruit function for. The three is on the causal relationship between the extent of, and find out the main cause affecting the results or the principal contradiction.
  2, analysis and comparison method
  The visitors narrative situation, analysis the development and change of things from the vertical, from the horizontal, the reception staff and similar cases previously encountered were analyzed and compared. "There is only identify". Through comparative analysis, find out the similarities and differences of similar cases, laying a good foundation for the next step to answer accurately. Through the analysis and comparison, to grasp the following points: one is the comparison can be carried out in the similarity between objects, can also be carried out between similar objects, can also be carried out in different parts of the same object, different aspects; two cases are compared the similarities and differences are two contents of comparative analysis; the three is to consider the issue of comparability. To compare between than things, compare not between not comparable.
  3, induction and deduction method
  Induction refers to launch something general from something else, from a large number of individual details of forming method of consulting all know things. The deduction is to point out the other things from the point of view of things in general, is the analysis of individual cases from the general jurisprudence. Inductive method and deductive method often used in legal advice, this is no longer expansion.
Finally, we must pay attention to the reception staff Hospitality: don't look down from a height, don't look down on others, not impatient, nor with the visitors had a fight, but not loudly reprimand someone else. Otherwise, results run counter to one's desire.