Grasp the skills and wins the lawsuit

  In civil proceedings the parties or the principal lawyer, most concerned about is the result of. For example, the client often to his lawyer present; "a lawyer to read my lawsuit can win?" Or "do you think I this lawsuit win grasp how much?" And similar problems. Lawyers answer about three:
   One is the on. "No problem, we have a relationship. In this case you gave me you can rest assured!" The client is very glad to hear that, to a good lawyer, rest assured to; (note this is not desirable, illegal operations, eventually one day your career will be ruined)
   Two talk ambiguously. "Your case to me, I will make all-out efforts to make our case, this is to provide quality and efficient legal services for clients, can say the problem is not big." The principal after listen to the feeling is not very clear, very practical, but also not to say what;
   Three is the judgment section. If the client is the plaintiff: "according to request you to provide evidence and litigation, combining with comprehensive analysis of the relevant laws and regulations, I think the likelihood of success is greater. But some problems, especially the evidence, we need further investigation and verification, so not sure about the lawsuit must win." The client is the defendant: "according to the plaintiff's complaint and relevant evidence, and to listen to your opinions, review the relevant materials, it should be said that you do not grasp the lawsuit is successful. But since you are responding to the defendant, is inevitable, our agent you fight this lawsuit, can protect your legitimate rights and interests from several aspects, minimize your losses, this is something we can do." The principal after listen to have two forms: a lawyers believe that it makes sense, hope with the lawyers work, strive for the best results of action, both sides reach an agency agreement; another is that the case has not grasped, this lawsuit also play what? It seems a lawyer to "goods than three home", who can help us win the lawsuit, I ask who. So he said, "go back and think about looking for a reason to walk away.
   In summary, the attorney for civil cases, it can be divided into three kinds:
   One is a lawsuit against. Commitment and the lawyer is completely different, entrust disappointed. The principal work of lawyers expressed dissatisfaction, but not speak out what, individual entrusted people demand a refund. Some of it to the Judicial Bureau (Hall) to tell you, make you uncomfortable, others everywhere to promote your bad, let your road more and more narrow.
   The two is the lawsuit is successful. Both sides expressed satisfaction with the.
    Three is the verdict says not clear victory or defeat, in short procedure results with claims far, although feel lawsuit is to win, but not economically worthwhile, pay the same income proportion, the principal mentality......
Ensemble

 What is success. How to determine?

  (a) the court verdict is not the only standard to measure win or lose
   The lawyer lawsuit, always want to win, and to win and lose, victory and defeat is the basis for the court to prove. This reflects the common understanding of many in the community personnel, but for the lawyers, the court can not be used as a measure of civil lawsuit wins the lawsuit only standard and lost. Then what standard? How to judge?
    There are many case verdict should say basically support the plaintiffs request, some not sentence the defendant paid in full the plaintiff's works, and even the interest on overdue payments are also included, can be said that the plaintiff's overall success, but entered the implementation process, but because the defendant is unable to pay a penny, could not get compensation,
The judgment becomes a mere scrap of paper, or law. The plaintiff lawsuit not only pay the legal fees, legal fees, transportation fees, fees, but also pay a lot of time and energy, executable result can make people greatly disappoint one's hopes, the judgment should be how to judge?
The project is very clear, the agreed interest is very clear, so in this case the court verdict is clear, not to give it to bear the liability for breach of contract. The court all support, but to the execution stage after regret, regret to nothing. That is to say the person subjected to execution has no executive ability fundamentally. In order to litigation but paying litigation costs, legal fees, transportation fees, various other related expenses, perform root should be no hope, the result is tantamount to one disaster after another.
 Contract dispute cases: one party default payment of 1200000 yuan of others, a few years without also. Creditors sued to the court, the defendant lawyer agency action. The lawyer examined related contract and material, asked some of the parties concerned, the provisions, access to national quality level of similar products, found the quality of the products especially security problems, so in court causes of payment of arrears and defense, and put forward the reasons and difficulties still can not pay, but also find some related enterprise management personnel. Finally, under the auspices of the judge and the plaintiff may make concessions, the arrears are reconciled to pay 800000 yuan, and amortization. The results of the trial of such original, accused both sides, should how evaluation is successful? Or lose?
  The Internet has reported a lawyer drove into the highway just caught in the traffic jam, the results just ten kilometers is running for half an hour. For this "highway not high" experience, the lawyer will highway management department to court, demand the return of the road toll charge. The trial court found that: highway charges are reasonable, cause traffic jam in the highway management department has no direct responsibility, then dismissed the prosecution lawyer. But the government through the lawsuit that freeway exists obvious limitation does not conform to the reality in the service specification, that should be adjusted. This reporter in an interview with the lawyer on the case knowledge, lawyers said has reached its desired effect through litigation, the decision victory or defeat is be of no great importance.
We found that in the judicial practice with the similar cases have also occurred, is not limited to these four examples, but the comprehensive analysis we can draw:
First, to win the lawsuit case is not completely equal to win on real significance;
Second, lose the case does not mean losing on real significance, win and lose, victory and defeat is the relation of unity of opposites, under certain conditions can be transformed into each other; at the same time, lose the case is not necessarily a lawsuit, litigation is not a purpose, such as: "highway not high" problem. Litigation is a kind of means, is a basic condition to achieve the purpose, in a certain sense is a necessary condition.
Third, the "over a Buddha incense, a kind of value judgment for breath" psychological satisfaction;
Fourth, the court verdict is not a measure of the case only standard wins or not.
Objective, accurate, scientific, comprehensive understanding and grasp the meaning of success should also consider the following factors:
1 Factors
   Civil procedure is a system composed of different stage of the proceedings is relatively independent and interrelated. It includes the right to sue, filing to accept, in the acceptance during the trials, the trial to judgment (or a judgment of first instance, the second instance verdict or final judgment), the second against some should retry then, even some to protest the procuratorate, trial supervision procedure is relatively independent of the whole proceedings in the stage of the proceedings. Only the case into the execution of the program, including the party consciously implement the effective legal document or the court for compulsory execution is completed and did not cause the retrial cases, it should be called closed, or reach or relative to the litigant objectives, namely win. After some execution through retrial correction, there has been a recovery of execution problems. A relatively simple procedure is much better. From the attorney cases, is considered the whole process, is the law as the basis, to be considered at the same time the intentions of the trustor.
   The differences in all stages of the proceedings and agent is different, we pursue the outcome of litigation is not the same, so to win the understanding of the meaning and understanding of nature is different, this is because the action of such a procedure of decision factors, only one case from the first to second trial even after the retrial, and finally to the completion of the execution of the case, it is all over, to win this time can be concluded, or in various stages which are relative, rather than absolute, may appear in a variety of changes, from this perspective we can draw a conclusion, the court verdict and not to judge whether the case in favor of the standard.
2 understanding of differences
   The judicial practice also proved that some party or lawyer knew of the facts of the case, difference of objective reality and legal reality of the people's court, and the standard of proof in civil cases is the application of the high probability, at the same time, the judge also exist on the level of awareness of the difference of the case and the existence of discretion in the use of non-standard operation problems and other reasons, resulting in the court verdict is not entirely true, accurate, appropriate to reflect the litigant request, so the court can not judge whether the cases as prevailing standards.
3 different goals
  The litigant request. First, to be true; second to third is effective, legitimate. Requests determines the nature of the case, decided
Support and safeguard the case should constitute the system of evidence and the relevant law, so a scientific, accurate, appropriate is in place, requests should be legal support, but the wins and loses the reason we can assess, in large part because of claims is not in place, of course, there are many factors. The Supreme People's court will cause induction over 300, so to the degree of authenticity, legitimacy and effectiveness of the implementation of requests to illustrate the meaning of success.

The lawyer agency business assessment standard:
  A small town a year civil case 100 pieces, the court's final ruling in favor of the proportion accounted for much, had accounted for much, win the degree is what kind of, the nature of the case is what, what is the reasons for failure are analyzed, some scientific, to comprehensive look at a lawyer's ability value. From this procedure, it is not only a claim made by the parties, but also the business lawyer a generalization, scientific abstraction, is a kind of labor. The scientific and accuracy of this work is a kind of quality problems.
The pursuit of the goals are not the same, principles, strategies, methods, we adopted techniques, scheme, process design is different.
For the parties, judgement or mediation success can only be achieved the basis and conditions prevailing, but not all, only the full and effective implementation of the effective judgment, ruling, mediation, is in the true sense of the.
For lawyers, the pursuit of success is a sign of law value, will also be fully reflected from the charge. The two concepts of lawyers work quality standards, one is the standard of work, another is the result of standard. International practice is billing by the hour, the hour of quality standards. The amount of labor quality standards is to pay his.
About the charges, many of which are parties, subject, the proportion of fees, according to the case of difficult degree of charge, or charge according to the final results. Recently the national regulation risk agency fees.
  The lawyer's goal is real, objective, effective safeguard the legitimate rights and interests, the legitimate rights and interests of maximize.
To sum up, in favour of meaning should be summarized as: the degree of satisfaction with the party entrusts a lawyer through civil litigation procedures to make claims to the eventual realization of the.
 Quality legal services to the concept of object, method to standardization, process standardization.
First, quality objectives: litigation request, apology, compensation for loss of restitution, general principles of the civil law. 10 kinds of methods of bearing civil liability. The return
The original is the qualitative aspect, but the calculation of damages related to the quantitative aspects.
Second, normalization method: key evidence is collected, the application of the law Is it right? Accurate, fully.
Third, standardized service processes: Is it right? Strictly in accordance with the civil procedure rules to operate.
Through the judicial practice, thought to be the lawyer service standards are divided into the following aspects:
1 qualitative and quantitative standard.
Discussion on the claim.
2 work standards and results of standard.
Litigation is a process. For example, disability evaluation, the witnesses to appear in court.
According to the judgment result, can be divided into four stages:
(1) the verdict reached more than 70%, fully qualified, the parties fully satisfied.
(2) 40% -- 70%, qualified, client satisfaction.
(3) 10% -- 40%, unqualified, the parties are not satisfied.
(4) is less than 10%, is not qualified, the party is not satisfied with the.
Working standard is divided into two levels: qualified, unqualified, not satisfied with satisfaction.
For example, in the pre litigation (including on this stage) lawyers work related procedures are complete, a power of attorney in place is not in place. The prosecution to the court, the relevant evidence is collected, the facts are clear.
  Litigation, burden of proof, a statement of the facts, evidence, the basic facts, the Is it right? Basically correct, whether it meets the basic requirements of the case. If the work is basically done, the work quality is no problem.
Results of quality: if there is a problem of quality work, the quality of results is sure to be a problem, divided into two level is the qualified and unqualified. The core problem is to influence the main litigation request support. To do the comprehensive evaluation results from work and process of lawyers. The lawyer industry lawyer (socially prominent lawyers) has the characteristics of a common, is that after each for a case to case law of similar cases were summarized, lifting, summary.
 Perspective of quality standard of civil litigation lawyer agency business problems from. Establish and perfect the lawyer to provide legal services to the quality standard, has important significance and effect on the value of the lawyer.
  Successful grasp can comprehensively enhance the lawyer civil service ability
   In order to meet the clients effectively achieve reasonable legal litigation request, to provide high quality legal services for clients, high standard, it must constantly improve the professional level and ability of lawyer. Judicial practice shows, promotion of ability of lawyers is an urgent need to address the current problems faced by lawyers.
Further development of the reform and opening up 1, promote the rule of law, the social demand for legal services are on the rise, thus lawyers practitioners in a large increase.
2 a large number of young lawyers in order to survival and development needs to enhance the practice ability as soon as possible is very strong.
Quite a number of 3 older lawyers in the face of changing emerge in an endless stream, the rapid development of market economy and a large number of new regulations, facing the same idea adjustment, the problem of knowledge updating
The rapid development of the 4 lawyers industry, the need for qualified personnel, reflects the law requires not only through the law, but also must understand the management, the management, need more practice experience of the related business. The need for such a theory combined with practice process, need to transform knowledge into ability of solving problems. Especially with the continuous development of society, new knowledge, new ideas, new methods and new problems emerge in an endless stream, need more innovation ability.
   Therefore, constantly improve the ability of lawyers, it is an urgent need to solve the problem of lawyers. However, the practice ability needs to have a direction and goals, the need for scientific method and explore effective ways.
The lawyer acting civil service ability
The ability to communicate with the client to communicate 1 smooth signing (talking ability)
  The parties communicating and reach the agency contract signing, should be the basis and conditions of civil litigation lawyer agency. If the lawyer is not good at communication with client to agency contract signing is not reached, then the other matters are empty. So I think this is a problem, of course, some lawyers to enhance this ability, set up a special on the case group or set up a professional sector, the main work is on the case, which gathered some experienced lawyers to do, put the case next, and then arrange related personnel for lawyers. This division of labor can be said to be a beneficial attempt, but in the lawyer's quality requirements, lawyers shall have the basic ability.
Then the basic ability should include what content?
(1) the ability to accurately grasp the psychological characteristics and demands of the client;
(2) the ability to express the controversial focus of the case and the difficulty of processing opinion;
(3) to clients that the lawyer has the ability to help run the case to achieve its lawsuit request, finally reached with the client successfully signed entrust acting contract purpose.
2 for civil cases and can realize the lawsuit request, it is a key link to promote the professional ability of lawyer, a lawyer too value. (case)
Ability of handling a case shall include
(1) and straighten out the idea, plan, ability to refine the process and effective implementation of the;
(2) to judge cases difficult, obtain key evidence, effective prevention and control of litigation risk ability;
(3) master the litigation process, make and submit the relevant legal instruments, to obtain the corresponding ability;
(4) the system of burden of proof, clever interrogation, powerful rebuttal, court investigation ability;
(5) accurate generalization, focused, reasonable and effective, fully illustrated, published the judge sure and adoption ability agent views.
With the client communication and coordination capacity of 3 V. (v. after service)
    Social enterprises are an important part of the marketing work in business management activities, namely the after sale service work can not be ignored. The lawyer acting civil service, also should have a lawsuit after service problem. The significance of this work is to listen to the principal opinions and suggestions to the lawyer agency work, ask the court it is satisfied, or basically satisfied; what is the reason to be unhappy, lawyers work are defective, or the court has a problem. In general, the lawyer service work for this kind of action after the lack of awareness or are not interested in that case, over, especially the case out of the court mediation, if not only the judgment. As in favor of satisfactory, there is no need to listen to the views of. Just enforcement procedures need to lawyer agency problems, such as lawyers think feasible, is entrusted to agents, such as that of little significance will come to an end. If lost, only lawyers do or explain something. For the appeal, and depending on the circumstances, no need to talk, that may be subjected to unnecessary trouble. This is also a lot of old lawyer the wise remark of an experienced person.
Other conditions: should be negotiated case has not negotiated, the actual reaction two questions:
First, the party itself does not have such a demand allows you to handle a case, only to advice, lawyers mistakenly believed to be entrusted to handle the case. The mental state not good, resulting in failure. The subjective and objective is not consistent.
Second, the lawyer of the nature of the case did not understand, the relevant legal knowledge is not in place, also lack experience. With time, the client communication, one can't grasp his mental,

  Also do not place on the case, the fact, grasp. Because many parties, especially the business parties, some enterprises
Leaders, managers, and even some entrepreneurs, these people do not understand the law, he's just not an expert in this field.
Talk about the case after the back case, may be the reason for the client, may also be competition between lawyers unfair.
After the case handling, costs uncollectible, it involves a risk agency problem, also involves the stage by stage charge problem.
First, the case did not talk into.
Second, after the case of obstacles.
  The case in the handling process, the parties believe that you are not serious, work is not careful, causing high charges reasons.

Countermeasures cases do not talk into seven corresponding methods and techniques:
First, the parties to respect the party, listen, the principal of facts, the statement.
Second, review, review he provide evidential materials, in the review process should pay attention to the Sims, in this thinking, the lawyer is to rely on thinking, through the mind, rely on knowledge to work, to reflect the ability of value.
Third, good question, about the case is best to talk about two people, a record of conversation, one side edge up, when the future dispute is well documented.
Fourth, thinking.
Fifth, agency problems in the.
Sixth, careful answer, skillfully, cautious about some points. Express: knowledge of the law of things has no need to hide.
Seventh, consultation, be perfectly logical and reasonable.
  Risk agency: some parties request risk agency, after the lawyer through the client's case analysis record, feel successful feasibility is strong. Conditional execution, future problems will not be too big. The law in order to protect their own interests, can consider the problem of guarantee risk.
Fees: focus on stage by stage fees, charges and combined according to risk agency charges in two ways. The advantage of this is easy to accept the. National Development and Reform Commission of the provisions, on the charge problem highlighted point, one is the agent contract, contract agent can be added to some fee agreement; in addition can also sign a fee provisions, signed a contract this contract involved charges, fees, charges, fees, charge amount, proportion of these problems.
   Lawyers in addition to standard to develop an objective, impartial, the better the agency contract, should also develop a fee contract, the fee contract refinement is good.
   The agency contract is right, obligation and responsibility of both sides, the parties (the principal), it was his duty to pay, two to provide the facts of the case, not providing the facts of the case the consequences borne by the parties.
The parties shall have the right at any time to master the process of lawyers.
    Liability for breach of agreement problem: each other resulting in evidence is not perfect, the consequences of the losing commitment problem, this is from the client's point of view. From the point of view of lawyers, assume responsibility, mainly caused by mistakes, and we agreed on the results (risk evasion etc.). The case after the completion, the ruling, regardless of whether or not the case here, we have a lawsuit after lawsuit after service problem, service mode, content, scope, effect how to grasp?
  Of course, the success of the parties to a case is satisfied, then the exchange appears relaxed, very natural, not what obstacles. This exchange is nothing more than experience, summarize, refine, summarize the case to do well, but what we write, or a successful article, made a good summary, its standardization tidy. Then summed up a set of case handling scheme, mature process, establish the basis for this kind of case of market expansion.
    The losing situation v.: a Beijing law firm to the parties for a witness, failure problems do exist in the work, the party holding the witnesses to the court, the court shall not be approved, think this will witness, do not produce the corresponding consequences, and finally lose litigation led to the parties to the case law,
  Lawyers provide legal services for the society, the service should have quality standards, at the same time is restricted by the purpose of service, we must give clients with legal, effective service. To maximize the effective, to safeguard the lawful rights and interests of the client. To work, to abide by the occupation standard, and strictly abide by the occupation standard, have good occupation morals and custom, the social recognition of the value of law, therefore, V. after the service, the diathesis and ability not but improve the services of a lawyer, nor is it in order to further expand the business lawyer, in order to provide an opportunity open the lawyer market problems, the more important is a full range of services, is the embodiment of service problems.
 The ability to win grasp can make the lawyer to enhance effective prevention and control of the risk of litigation.
    In order to achieve litigation beneficial results, to control and litigation risk effectively, because the interests of the results and risks are attendant, and walk. Litigation risk is objective, that is to say, if you can't control and litigation risk effectively, then to the largest, comprehensive, effective implementation of the results of action obviously is a difficult. In order to better grasp the litigation result, will risk to the proceeding analysis, research, and according to the risk of making means some prevention countermeasures, measures, methods, techniques and solutions, as well as.
  Civil litigation request, the purpose of litigation, to achieve the target uncertainty is the risk. The lawyer must in the proxy process, effectively prevent and control the risk, reduce risk.
 Litigation case has lost, prevailing party the reason, in a certain sense, it is effective to avoid the risk, has won. But the losing party is in risk control and prevention problems existed corresponding defects.
  In order to make the society, citizens, legal persons can accurately grasp the litigation risk, then the Supreme People's court at the end of 2003 to the public litigation risk prompt book. According to the overall program, civil litigation, the supreme court litigation risk is divided into 17 parts of the tip, which relates to the procedures, the entity, the legal issues, evidence (the most important problem) problem.
Such as: the provisions of the criminal procedure law of 108th civil prosecution, should have the conditions for prosecution, then according to the Supreme Court rules of evidence, rules on some issues concerning evidence in civil litigation, the prosecution must have also made the corresponding evidence consistent with the conditions of prosecution, the evidence is insufficient, the court can not be finalized.
The court action is a legal remedy, its results are parties to the rights and interests of the damage, affect the interests of a legal remedy.
 Because of the way to solve the problem and methods are various, method of dispute resolution is also in many aspects, the law is a kind of way to solve the problem in the implementation of other ways not case. To solve the problem through legal means, but litigation is risky, and not through legal ways and means will be what kind of results, through litigation, the conclusion is uncertain, so the understanding of litigation risk should have a clear train of thought, so as to have a effective control and prevention of litigation risk.
  The lawyers' inherent risks. Transfer of risks from litigation lawyers of party.
The conversion between the risk of litigation risk, the risk of the parties, lawyers.
Civil litigation cases basically is two blocks, a block is infringement disputes, is a breach of contract lawsuit. Also, the two competing situation, because no management etc..
Tort and breach of contract between the risk point is not the same, the case of a different nature, different legal relations, risk is different, but no matter what kind of action, should see a confirmation. Tort litigation involves a is the right question. Confirmation, violations of the results, these are needed to confirm. Only confirmed it to occur tort compensation. This appeared tort compensation basis, on the basis of calculation, the amount of compensation and responsibility of tort liability to grasp, the other way
The problem. Change action also exist problems out right, confirming the first legal relationship exists or not, the foundation and condition change was not established, subject qualification in place is not in place and so.

Lawyers should pay attention to the collection of evidence, the key must be in place.
  In some cases, itself is a no grasp of lawsuit cases, can play, can't win is very difficult to determine, but some lawyers to embrace the case, in order to to earn money, but also to undertake, then the result is bad. Finally sparked complaints, refund, subject to disciplinary sanctions and other adverse consequences. So the lawyer on these issues have to be vigilant, especially when it comes to lawyers in the entire process of handling the case, every stage to have a risk prevention. On the ability of the case:
First, about the case process to the signing process, this phase of the risk prevention should pay attention to three aspects of the problem.
1) risk lawyers to deal with cases of ideas and opinions may arise, or for some commitment the possible risk. Analysis of opinion can be issued by the lawyer. According to the analysis of the case the parties (principal) corresponding material evidence, combined with the relevant legal provisions, provide advice.
2) risk question. In the case of process, parties may also exist some over excited state of mind, there may be some factual omissions, some evidence can not think of it, then there may be some new problems, according to a probability that material lawsuit win or larger, analysis cases is feasible this opinion is not provided, the lawyer disputed; but after the case has changed, the parties and lawyers say what's the problem, and explain the situation at that time, obviously the lawyers in the case the parties also proposed other case, this case will change and qualitative change according to the case. At this time, a lawyer that these materials to inform the parties, that the new evidence of what will be adversely affected, I continue to act for a series of problems may be encountered to you now, but I will defend your interests, reduce your risk, reduce the legal consequences of the liability.