Speaker: Southern Metropolis Daily legal consultantGuangdong Guangdong lawyer: Publicity

Theme:Litigation skills and the matters needing attention

Content:

A,Note handling skills and young lawyers

1Personal experience, in addition to younger friends not to master and understand the basic skills;

2There are two personal views:

1.Knowledge of university legal academic, not practical; out from school and found that theory and practice are not the same;

2.With his lawyer did not teach you a lot of things;

3Connection agreement case

1.Many young lawyers started thinking: how to engage in a lawsuitWant to how? Case? This is very wrong, should first consider how the case back, namely source problems;

2.Consider first the case do not? No case, a hero without a play; Doyen also encountered problems during the;

3.The source with the crime process; the difference between young and old lawyer lawyers: how to get the case?

4.Play the subjective initiative; personal didn't like entertainment, no confidence in justice, have a lot of ideas, some people want to do non litigation, want to do justice, but this is an excuse; this is of no confidence in the future performance;

5.Non litigation business also need to find their own case; also need negotiation; if the case is not my case, is a migrant worker, must have their own case; otherwise, never independent practice;

6.Examples: Guangdong Chengzhongcun transformation, involve a lot of problems, some problems and write through the material, and then sent to the village committee; you do not, others will do; legal services Taobao, the intense competition; and send the materials must pay a return visit by telephone, mail, to see whether the material to be; remember several attempts have pay a return visit, it makes an impression;

7.American TV Series.那个GoodWifeLook, after the great inspiration; why firms facing bankruptcy crisis? Because the firm only for two business: network companies and drug business; business only in one, two, very vulnerable to extinction;

8.The lawyer did not get out of the case, do a matter, did not consider the case open problems;

9.To put down the face, talk and talk to the parties in court; society, the students too made the weak, the aura is not enough; I go to school in Macao, the mainland and Macao: feeling different, students love learning, the students go out to play like Macao;

4Contract problem:

1.Sign the contract first, because any time there is a variable, may reach an agreement with other people;

2.The lawyer commissioned by the contract, the simpler the better;

3.The contract must have accessory, risk disclosure statement;

5Each place on the case is not the same, like Guangdong to the restaurant to talk;

6What thing to write on the paper, dear brother Ming Suanzhang; must write clearly the basic situation; as a lawyer must write clearly on the notes; lawyers can do is legal services; don't advise the parties petition;

7To prevent disputes have occurred transcripts, the conversation recordings is the best way; and the parties on the case, the parties did not understand, will later regret;

8The complaint lawyers, even if the parties do not complain, other lawyers and the parties may complain; two judicial authority to determine the lawyer law:1For firms to see whether the contract?2There is no invoice to party?

9A small case is not easy, the difficult; less money is not necessarily simple cases; always worry about no case; the old law is based on the trust to make its case;

10The parties will also recording, extremely easy to leave;

11The difference of litigation and non litigation and non litigation: contact are big company, big case, report by mail; and litigation is unknown to the public to do; working conditions and properties, very easy to grasp the handle, so the lawyer to do the work to leave their work evidence;

12Ready to do, must consider carefully do; I don't do lawyer, what else can I do? Sometimes the bottleneck; market economy only so;

13The lawyer common illnesses: case actively, the careless; Guangzhou law of social security should be one thousand yuan a month; the firm does not help to buy, you should pay the annual fee; themselves to pay, not exempt; reality hit very heavy;

14Case can not be sloppy: the materials to be ready;

15Sign the petition, the last page of a signature, the content will be wrong, every change, sign a, will make the parties very repugnant;

16Let him each sign, but some courts are not allowed;

17Evidence on the top right corner write page number; shows the case definition;

18To the court, his hand to record; a court, the number of the many copies, own a;

19Icon method:What things are drawing; the kinship picture up, then do not understand the question mark, problem solving and analysis, one one; solution can solve, can not solve a solution;

20Huang Shanduan.Guangdong sea area law firmThe use of experts, is the chart method;

21Yellow lawyer once spent a day, do this chart; chart is made to a judge, in order to ease the complicated contents; make a table, as a lawyer, a high level;

Two,Hearing skill

1How the court? What are the specific tricks? My teacher to do the prosecutor in Macao;

2The principle of litigation cutthroat:

1.The evidence is in favor of evidence; is the eldest child, the fact is, provide evidence for their own benefit;

1 The rules of evidence: Books: "speak with evidence" series (Law); who advocate who burden does not know how to use? The evidence in this way, to learn; negative evidence to make each other; not let his evidence to refute his point of view; in contrast to retort;

② The court language is difficult to control; if the parties present, probably let the lawyers have no face; the list: the newspaper publishers to newspaper claims overtime; evidence of this is a fatal; more pay for more work, the Commission is unable to lift the overtime costs;

③ Different places have different experiences, the court has no rules of evidence, the court direct evidence; but the labor arbitration is not, can not be the hand;

④ Criminal cases must see site; otherwise it's easy to assume. The scene of the crime and the materials are sometimes gap;

2.When the judge is not a fool; the continental law system, the role of lawyers is not very high; the lawyer the highest Kung Fu in the pretrial; for example;

3.His ideas to the court said clearly on the line, don't think about each other.No need to refute the other side, can not use their energy putting on what the other, but should pay attention to what the judge said, ask what; what the other is when he is;

4.The number of the trial transcript, in fact, you say how much; to grasp the tone, speed; not to judge, listen to each other, the parties to listen, and to say to the clerk to listen; law is about service; pay attention to the essence of lawyer; parties, must say something; not scribble a few words, the heart will feel cool; scruples parties;

5.Local search for their own case, can let oneself effort; Guangdong justice is conservative, general didn't like innovation; submit the case to reduce the work; submit similar case, indirectly helped the judge's role;Must learn the rules of evidence, and read more books and Court precedent caseThe theory of no use; University; Shang rights lawyer out of the book, do criminal role; Peking University press: "guide" of criminal evidence; "Zhixing Guangdong lawyers selected cases";

6.The use of program; jurisdiction objection, appeal without payment, from will beat each other;

1 The determination of jurisdiction; determine the right of reputation infringement; trombone: Jurisdiction: pull the innocent people do CO defendant; plaintiff sued defendant lawyer: if other organizations, we must pay attention to the identity, to see whether there is a competent units? Otherwise the court hearing, waste of time, the impression is not good;

② The appeal does not pay, the party responsible;

7.V. promoting, is the highest realm of litigation. Courts are sometimes not good, but reconciliation, the case never losers; domineering does not represent the savage; want to die for each other, not necessarily a good;

Three,Closed

1Through a case, must be well thought preparation and summary; knowledge will be used in other client body; design copyright contract; through a case, to sum up, and as the future business card;

Four,Wu Chunwan lawyers summarize

1Young lawyers, but it is more than two years of work experience;

2After the examination of practice10 months, do more than a year of forensic (Real Estate Company);

3Source: where to find?

1.The traditional way, rely on the relationship between the lawyer, the older the more popular performance for young lawyers very difficult;

2.Advertising: the Internet, metro;

3.Network: not insert advertisements; select the specific field as a possible future direction of development; they often occupy the site; real estate, select the community forum;

4.Mining potential customers; for enterprises, need to pay attention to the development of; the selection of potential customers, send the legal information;

4To understand the cause is to prepare for the next step prospecting data

5The claim can be realized; the parties if there is a clear litigation request, to show the request will not get the support of the law; according to the provisions of laws and regulations: evidence;

6By reading the case, where the focus point of view, so as to correct their thinking, not limited to their own ideas; catch no judge would focus on what evidence, then find some case, find relevant cases, will play a multiplier effect;

7Evidence collection is also very important; otherwise, even if the win, but also very difficult to enforce; for the newcomer, the trial performance is the best place to test the lawyer thought for hearing;

8Before the court, listed the basic situation of the case and the background, the key point in time, and master the;

9Contract element table, the contents of the contract, the rights and obligations of both parties; moot court;

10Pretrial preparation: write the arguments and the other arguments; good court preparation, avoid off the reel;

11Practice issues need attention: can get what? Personally feel: don't let yourself stay in this level; we must help the lawyer, the lawyer's case but to do their own; so as to improve their ability of handling procedure;

12The company needed a way to quickly case law, companies are unwilling to spend time training;

13The firm types: Partnership (required for the source, can rapidly improve the ability of handling cases, but the case is the bottleneck, Corporation () is a large platform, non conventional model); however, relative to the average income, comparative model;

Five,Interactive quiz

1The problem1: the first as a lawyer assistant, but the work is dispatched to the target unit, what impact on their own?

2Answer: can understand the business, let yourself on the case is clear; and can be used as the future direction of development practice;

3Question 2: what are the company's legal practice books?

4A: M & a law (Law)

5Question 3: just by Scott, whether can go to the big city to become a lawyer?

6Answer? Suggestion: in big city, ready to rush, big city: many opportunities; see a lot of things, to the proposal to the coastal city;

7Problem 4:

1.You are a legal adviser to get Nandu? Mode of cooperation?

2.Action principle: make use of the program: cut throat should be moderate, inquisitorial pattern will cause resentment; insurance company has qualification of subject of action, but not for qualification;

3.On the problems about quality objection to the sale contract, a separate prosecution is appropriate?

8A: Mr. zhang:

1.Beijing lawyer is very good, manners; legal adviser, how about? We all know that in mind; the boss is not the lawyer, stupid, ask Party money is difficult; the heart will make assessment; Nandu about copyright mode, advertisement income; copyright; understand your boss's needs and the answer, and he wanted to know about the problem;

2.The Legal Advisor: circle of friends, business relations; direct to talk;

3.To talk about the lawsuit, lawyers time skills; in some cases, no need to drag the time;

4.Lawyer Wu: time is a strategy, have nothing to do with the case; only personal views;

9The problem5: in Chongqing practice lawyer, how to handle the cases handled by public security organs in spite,? Court, don't let the filing, filing need help now, otherwise unable to register, criminal not to meet, how to communicate? Second, do a good job of marketing, lawyers in the bank reference many marketing mode is not suitable, lawyer, or annoying?

10Answer:

1.Lawyers and judges are not on the cube, should establish a good relationship; and the collegial panel to discuss defense strategies; scope and amount is large; the amount of calculation is not clear, I will care about the amount of problems before the court, so the court told the judge; written materials, as far as possible to meet the requirements, the principle question must not compromise! Service client, and try to meet the requirements.

2.Usually in handling criminal cases, public security staff encountered do not match, how to communicate?

3.There is no need to go into private communication with the judges in criminal cases, but to have a good communication with judges, judges and lawyers are not opposites, before the trial of criminal cases with the judge to discuss their defense strategies, not the court's Procuratorate many cases ascertained the amount of crime, this has a great influence on the case many times, to tell the judge communication, hearing in the raid is of no significance, must communicate with the court, the judge before the court, try to meet the requirements, but can not give up issues of principle, in the service of the aim to the case.

11Question 6: don't get a practice certificate before, help to do a criminal case?

12Answer: no practice certificate, can't go to jail; took after, experience the detention center, office of criminal cases, lawyers will hit confidence; because in reality, the role of lawyers rarely;