25 Jul 2008

Hire a lawyer of the 10 common errors

With the social and economic development, the popularity of legal education, civic awareness of the law more and more the strong, in the face of legal issues and litigation will often hire a lawyer to safeguard its legitimate rights and interests. However, there are many parties to hire a lawyer when a lot of errors, resulting in their legitimate rights and interests can not be very good maintenance.

Misunderstanding of the case did not enter the stage of court proceedings is not even a lawyer. Many people think that the parties do not enter the litigation cases not necessary to hire a lawyer. In fact, in peacetime encountered a legal problem to the lawyer, inexpensive consulting fees (many small cities at the law firm did not consult the charges), they can avoid unnecessary waste of time and money, it is wise Move. Some of the parties that entered the court before the case needs to hire a lawyer. China's "Criminal Procedure", the suspects were first asked to take coercive measures or the day you can hire a lawyer. Civil and administrative cases on file from the time the parties can be commissioned by the counsel. This legal requirement is to give full play to counsel the parties maintain the effectiveness of the legitimate rights and interests. However, some parties to the understanding of the Law Society also limited to TV and movies in the image of Chunqiangshezhan in court, failed to hire counsel or the defence, investigate and collect evidence and miss the opportunity to take countermeasures. As soon as possible the commission lawyers to effectively protect their legitimate rights and interests.







Mistakes 2, the lawyers of making false statements. Lawyers employed as an agent or counsel, the parties of their responsibilities to safeguard the legitimate rights and interests, and safeguard the correct implementation of law and fairness and justice. But in reality, only some of the parties to select their own counsel favorable to the statement, or even to produce false evidence. This lawyer is not only difficult to grasp the real situation of the case, but also to analyze and judge the deviation, the parties can not find the best solution, or even lost, and so will lead to the emergence of the consequences.

Misunderstanding of the three blind society by black lawyers. What is a lawyer » I am afraid many people's awareness of mostly rather ambiguous, that the titles on business cards or Yinzhuo lawyers claiming to be lawyers are lawyers; certain units at the company in the recruitment of staff as full-time lawyers, in fact, these are misconceptions. According to the provisions of China's Lawyers Law, the Law Society is a lawyer practising certificate, and provide legal services professionals. That is, only a lawyer practising certificates (commonly known as the Law Society licence) is the real lawyers. Lawyers are required to permit the annual inspection registration, failed the examination because of training or administrative penalties, not after the inspection of the registration, nor is it "lawyer" provisions of the Law Society. At present the community posing as lawyers handling cases on behalf of the "black lawyers" substantial public, not only Luanshou costs, the quality of handling cases is quite low, seriously disrupting the legal services market.

Misunderstanding of the four, non-well-known lawyers do not engage. Some of the parties affected by a variety of media, both encountered disputes统统look for a well-known lawyers. A lawyer who said he was only known by everyone, and good at their business areas, the level of handling cases and not well-known case of a qualitative change. Not the subject of the most controversial cases, do not have to find a well-known non-lawyers, and to find a truly good at this area, dedicated lawyers to agents, this can safeguard their legitimate rights and interests, and not have to bear relatively expensive legal fees. Misunderstanding and this is similar to the highly educated, non-lawyers do not employ non-lawyers do not employ high-titles; non-senior lawyers do not engage.

Misunderstanding of the five, and law firms signed agency contracts. Some of my friends mistakenly believed that as long as the lawyer to hire a lawyer I can be reached by agreement, it was not necessary with the law firm commissioned by the signing of the contract. Through some friends and relatives on the lawyers may even be entrusted with the agreement have not only to the lawyers signed a few instructions. China's "lawyer", the parties hire lawyers, law firms must first be passed, the law firm signed with the principal-agent contract, clearly Acting matters, the Acting authority, agent for such matters, and accept the law firm assigned counsel for representation Or the defence. If not a legal contract, in case of disputes agent authority, or the acts of their solicitors of the legitimate rights and interests of the parties, gave cause inconvenience to the settlement of the issue.

Misunderstanding of the six-pack of lawyers do not employ a lawsuit. On the cases, the parties need to assess costs and expenses were the proceeds of risk and favorite question is "lawsuits can win," » Bar response "capability" to engage, "can not" not engaged. In fact, all the careful lawyer, is not easily reached, "Wen Ying" and the number of successful conclusion. Litigation activities need to rely on evidence to the fact that the reduction has occurred, to indicate the facts and clarify the law and applicable law. Therefore, the lawyers up to the parties based on the evidence provided to determine whether the initial benefit, claimed 100 per cent in favour of the lawyers, to practise their own violations of discipline, and extremely irresponsible promises.

Misunderstanding of 7: solicitor's fees Yuediyuehao. Some of the parties in finding counsel like "comparative shopping" and since then has been that "understand" the price lawyers charge, the final charges a lower commission counsel, this is not smart approach. Because the lawyers are professional services, rather than clothes, furniture that can be clearly "materialization" of goods. Legal services lawyers to pay the cost is the time, energy, lawyers fees and charges will be considered in the national unity required standards, and pre-estimate the difficulty of the case and their own strength, it will have to pay time and energy and determine the amount of fees and charges. Solicitor's fees are too low, but malicious competition, then services will inevitably reduce their time and energy costs, and these parties may not be able to see, the expense of the parties or their own. If the lawsuit than to fight, lawyers, as soldiers, although not because of "unpaid" mutiny collaborators, but whether or not go forward, is not known.

Mistakes 8, as long as hiring a lawyer to万事大吉. Many believe that as long as the parties hire lawyers, all the things lawyers worry about. The reality is you hire a lawyer after lawyer to maintain a harmonious and positive relationship between the success or failure of the case is very important. As a lawyer, are responsible for regularly by phone or in the form of meetings to inform you of the progress of cases and the parties should actively cooperate with the work of lawyers, such as lawyers take the initiative to provide clues to the evidence, lawyers for timely and clearly understand what you expect the case And the idea, eventually won the case or to reduce the loss was very helpful.

Misunderstanding of 9: As long as that legal provisions can not employ lawyers. Legal Affairs in particular cases, the need for highly professional knowledge and experience, even if their own lawyers must keep on learning and research. Therefore, the parties unless the economic situation particularly difficult to handle or need to hire a lawyer, should at least consider seeking legal aid centres to help. Few people think that you can see on their hands to do medical operation, but some parties to the various legal advice by the same problem, gradually Buguoruci that lawyers, and even interrupt lawyers further information, "I only asked this question," " This is fine with that, "" I tell you as long as the legal basis for which a 。。。。。"。 In fact, the Advisory Counsel, the answer can only be a preliminary judgement, only focus on the most direct, and therefore more or less the same viewpoint, only after the lawyers will be admissible in evidence with full details of the study. The parties therefore of the opinion that "the case is very simple," lawyer "is only moving dynamic Zuipi Zi," feel that they can be competent, and the results may Yinxiaoshida.

Misunderstanding of 10: not against the level of lawyers. After losing the case, the fight for the interests of the parties has not been achieved, and simply pay the litigation costs and legal fees and time and energy, often on appeal, the lawyer for another agent. The parties to this understanding is wrong, because this is the risk of litigation and can not be separated, and the factors involved in all aspects of society. If the lawyers before the commission in extremely optimistic, in the course of business casual, on the evidence and give up the use of serious misconduct, then hire lawyers that there is some dereliction of duty, such cases could be considered a change of counsel. However, if the parties themselves in the areas of proof on the existence of objective difficulties, lawyers also do our best under the unfavorable situation, or because other social factors caused by the impact, even if unsuccessful can not attributable to the lawyers, not the lawyers of the Qiannu The Buzu Qu is not conducive to the case ultimately resolved smoothly. In fact, no lawyers do not want their party wins the case, because each case is also the lawyer works easily replaced one pair of lawyers familiar with the case without doubt is unwise.

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