The lawyer handling process

First, in criminal cases, lawyers and lawyers:

The provisions of international human rights law: even if the parties suspected crime also deserve justice! Each misstep parties, may have experienced life suffering, that suffering just let him go to great extremes, and eventually lose their freedom and become the weak! The lawyer, should be based on careful strategy, be struck with fright eloquence, unremittingly efforts, as in the jail and defend their dignity party records! This, the lawyer's mission!

(a) the role of lawyers, public security in the investigation stage:

(1), to the investigation organ about the alleged offense, proposed to meet requirements, public security organs should generally be arranged to meet at 48 hours to 5 days;
(2), met the suspect: understand the current situation and demand, after being arrested, whether by assault, understand the case and to provide the corresponding legal advice etc.;
(3), apply for obtaining a guarantor pending trial: after the meeting, such as bail conditions, can apply for bail;
(4), on behalf of appeal, complaint: if investigators and prison personnel violate the personal rights, to put forward relevant departments complaints, charges, thereby reducing the infringed may. The public security organs do not want a lawyer too much in one of the reasons.

(two),The lawyers prosecuting role:

(1) associated with the procuratorial organs: consult, extract, copy the file documents

For verification material;

(2) and meet and correspond with the criminal suspect: the lawyers have the right at any time to meet with the parties to the case; 

(3) the investigation and collection of materials relating to the cases: to personnel or departments concerned with the case investigation, collect evidence of innocence or light offence;

(4) defended or agency comments: if the crime is minor, can suggest prosecutors not to prosecute, the party released;

(5) has been extended detention, have the right to request according to the law to release or the implementation of bail;

(6) the personal rights are infringed upon, have the right to appeal, accuse.

(three), the court of first instance stage the role of lawyers:

(1) review under the jurisdiction of the court under the jurisdiction of the case is that legal jurisdiction: improper, inappropriate cases under the jurisdiction of the investigation organ, have the right to request the return to the court, the case or to;

(2) consult, extract, copy the indictment, list of evidence, witness list, the main evidence copy or the photos as evidence;

(3) according to the particularity and the case of each case, develop defense strategies;

(4) meet the defendant: listen to the statement of the accused and excuse, discovery, verification, to clarify the facts of the case and evidence of contradictions and doubts, especially as follows mainly: the identity of the accused and received the time, whether to admit the indictment charges, charges the facts and circumstances, whether the motivation, purpose clearly, accurately; the indictment accused of a plot exists; the defendant not guilty on justification; there is no light, reduction, exemption from punishment fact, plots and clues; whether the meritorious performance; whether the extended detention and legitimate rights and interests are hurt. And to the defendant in court procedures, told the court's litigation rights, obligations and the matters needing attention;

(5) according to the actual situation of investigation and evidence collection;

(6) the court investigation and debate;

(7) after the adjournment of the work.

(four), The role of the lawyer in court trial stage:

(1) during a trial lawyer appeal, the defendant can be met, to listen to the content of the judgment and opinions on whether to appeal, and provide legal help;
(2) shall be the defendant's request, write the appeal, appeal not infliction;
(3) the defendant appeal appeal cases are generally not the trial, lawyers shall have the right to submit a written defense opinions to the court, can provide new evidence;
(4) for a trial, such as the second instance court review, found that the facts are not clear, the evidence is insufficient, can revise the judgment after ascertaining the facts or rescind the original judgment, the retrial; such erroneous application of the law, inappropriate, and shall be amended.

(five),How to hire a lawyer?
1What, relatives have the right to entrust a lawyer?
 Lawyers answer: if any one close relatives can entrust, including: father, mother, son, daughter, wife, husband, brother, brother, sister, fellow sister.
2,Lawyers are required to bring what information?Lawyers answer:

A, with the same account of the accounts department;

B, a different account, that between the principal and the related parties, and therefore must be demonstrated in the residence of the Public Security Bureau issued a kinship;
Marriage certificate with C, the relationship between husband and wife, the client's identity;
    In addition, the lawyer also need to know the name, gender, date of birth, identity card number, what is what the Public Security Bureau or the police station caught. If there is a detention warrant, warrant also please bring. Of course, if you do not know the specific circumstances of the can also be made to the relevant departments to investigate the lawyer, just as more departments, the lawyer investigation could take several days of work.
3A lawyer needs, what procedures?Lawyers answer:

The principal first telephone contact, appointment, then according to the agreed time personally to the lawyer go through the following procedures:
       A, a law firm and its client signed the "contract" in two copies, one copy by the principal, a law firm;
       B, the client to sign "authorization" in six copies, as lawyers for;
       C, pay the lawyer fees.

Six., as relatives and friends, I can see the parties?

The legal provisions of our country: in the verdict, relatives and friends can not meet with the parties.

The lawyer to meet, is the only legal channels to obtain the information of the family. The lawyer to meet and get to know the place and the cell number in concrete, can communicate with friends and relatives. And the requirements in the watch case, can give the parties to money and clothes (items need to be checked, according to the requirements of the money or through the postal remittance form delivery).

 

 

 

Two, a civil case law and how to entrust a lawyer:

(a), timely control of aging:In accordance with the law, the creditor does not in time (usually two years) to claim lost national mandatory rights protection. In practice many parties were not timely claims and litigation, and provisions for the parties procedural prescription can not take the corresponding measures to avoid the end of the law for mandatory protection loss law. Therefore, the dispute even after winning the debtor temporarily unable to bear still timely action, for the money for its responsibilities;

(two), timely control:The party that the lawyer fees are too high not from already Chen, indeed at this stage the lawyer is a high consumption, but the lawyer in addition to the parties to reduce the cost as much as possible, and that, as experts in the law, substantive law can help you see the problem, and the collection of evidence law, the program grasp on the litigation, mediation, reconciliation process and strong participation will be time for you to minimize risk, increasing the rights and interests. Therefore, as soon as possible to entrust a lawyer, play a decisive role on the success of your case!

Special statement:Many parties are hoping to win the lawsuit lawyer commitment "!"If the promise, in violation of the "law" and the relevant provisions of the occupation morals,Cases of success or failure factors should be considered, without investigation and court debate is not the final say, the real law is generally not given such reckless behavior,This is also the important reason for the law to win trust and respect,For the case of successful or not, the lawyer is always through the analysis of the case method and let party regain confidence.

(three), lawyers need to handle what procedures?
 Lawyers answer: A, then the entrusted matters and lawyer fees consultations.
          B, decided to entrust, bring the relevant documents and materials of the case copy, give the lawyers filed.
          C, a law firm and its client signed the "contract" two copies of specific matters. A principal, a law firm;
          D, the client to sign "authorization" in multiple copies, the lawyer assigned case organs and archival purposes (such as commissioned units, need to fill out "identity certificate of legal representative" and affix its seal).
          E, pay the lawyer fees.
          F, begin litigation services, the principal with the law.

(four), need to prepare what evidence is provided to a lawyer?
Lawyers answer: all kinds of cases are required to prepare evidence:
1The plaintiff qualification, proof
A, the parties are individuals, ready for an identity card or household registration department;
B, the unit is ready to certificate of registration, business license or corporation etc.;
2Proof of subject qualification, the defendant
A, the other is personal, provide a copy of the ID card, if not provided, by the law to the public security department investigation to obtain the other census data;
B, the parties are unit, to provide business license or corporate registration certificate copy, if not provided, by the lawyer to industry and Commerce Department survey of other business registration information;
3The dispute amount, calculated on the basis of
Such as: list of principal and interest, the interest rate determination basis, collection period; the evidence materials in addition to the above all kinds of cases are required to provide the following are the various cases, also need to prepare evidence:

(1), loan dispute
A, that borrowing relationship existing evidence, for example: IOU, IOU or loan contract or agreement, the repayment commitment etc.;
B, has been shown to repay the loan and interest of evidence, such as: receipt, proof of payment etc.;

(2), the sale of goods and other debt disputes
A, prove that the seller relationship exists evidence materials, such as: the order / delivery of the contract / agreement, orders, if only in the form of oral established trade relations, provides the testimony of a witness or to prove that the contract has been performed certificate;
B, show evidence of contract performance, for example: the delivery bill, clearing the list, confirmation, payment arrears repayment plan, single, quality objection book etc.;

(3), real estate disputes
A, prove the existence of the sale of property relations, such as: pre-sale housing contract, commercial housing sales contracts;
B, and real estate commitments prove, for example: real estate advertising, real estate developers written commitment;
C, prove, for example: 1629 invoices, receipts, bank transfers, bank loan contract proof;
D, prove, for example: the delivery of real estate in the notice, take notes, acceptance handover, residential single key received guarantees, housing quality books, postponed others notice book etc.;

E, housing quality problems or area error proof, for example: real estate, housing survey report, the quality test report;

(4), shareholder rights dispute
Proof of the existence of A, equity, for example: the articles of association of the company, the capital contribution certificate, share certificates, receipts, capital verification report;
B, damaged the interests of shareholders or other withdrawal of capital contribution or not in place or other damage to the interests of the company to prove, for example: the certificate of capital, capital verification report, the resolutions of the shareholders' meeting, the profit distribution plan, the company report book, unfair competition transaction documents etc.;