Practice lawyers chat journal

For a number of recently served notice of default judgement and civil cases, it thought why not simply in the law provides that: will corporate registration in the Trade and Industry's home address as the judicial process in an address, that is, if the court in accordance with Business enterprises registered residence completed a service that acts as an effective legal service, and will have served after a series of legal consequences. I think if the law can have the above requirements, will not only solve real industrial and commercial enterprises in the residence registration in the address does not match with the actual business address the issue, so as to effectively supervise enterprises registered for residence changes to facilitate the industry and commerce, taxation and other departments of management, but also Possible to omit the Court of corporate conduct notice served on the links, greatly shorten the proceedings.





(B)

Also seized registered to lawyers, to count himself practising for two years, and do a number of civil cases, lawyers do have some feelings and experiences. One of the most feeling is the law that does not mean that the facts of life.

The so-called legal facts, I will be defined as the courts, through the burden of proof Testimony and other proceedings and was eventually found by the Court of the facts, but also can be understood as the entry into force of the Magistrates Court instruments recorded in fact. The fact is that the law is based on the fact that a magistrate. The fact is that the so-called living historical facts, that is the truth. The reason why the fact that the law does not mean that the facts of life, because the parties believe that as long as the facts of life in Zhanli will win the lawsuit, and the court is based on the legal facts of life rather than facts to the magistrate, the transition to legal facts of life that the bridge is evidence . The lawyers and the courts have an obligation to narrow the gap between the facts and the legal gap between the facts of life, because only the legal facts of life nearly as much as possible the facts, so that lawyers can better safeguard the legitimate rights and interests of clients, the court can do as much as possible To justice, safeguard the authority of the law, to the end, the social harmony. And narrow the legal facts of life and the fact that the gap between the methods of investigation and evidence collection is the work of lawyers and the courts of investigation and evidence collection work.

As a lawyer, I have to do their own can do as far as possible, because the lawyers have the right to investigate and collect evidence on the very limited in this regard than the client can not be strong where the power to. I would like to tell you that the Court itself is far from doing a good job of investigation and evidence collection work. I have contacted the judges are generally too lazy, the parties and lawyers submitted the application for investigation of a judge is often "This is not a civil court in the scope of investigation" on the court was dismissed, and sometimes even the clerks Sentences are not credited to the transcripts.

For example all the facts and the law clearly on the fact that the difference between life and the attitude of the court. John asked his nine colleagues, a total of 10 packets of food to restaurants, San bill after a meal, the rise of individual invoices. After a seafood because they do not cooked, leading to John and another nine colleagues are sick, the cost of medical expenses. So the prosecution to the court, we authority of the court in the fact that the thinking is: Who who advocated the principle of burden of proof, San How do you prove that dining in the restaurant, then John came up with a invoices, the judge also asked the San Colleagues, colleagues said that San guests, only one invoice in the hands of John, our hands no invoices. Results in the restaurant side of the question, the court found that San colleagues can not prove their meals in restaurants. The story does not end here also, the judge asked John how to prove that they eat seafood, how to prove that the seafood unsanitary, San Wu Yu, because invoices did not write Caiming not write more food ingredients and work process. At this time, an invoice has become all the legal facts. I would like to say is: Respected judge adults! Xia Guanzi can not require people to eat restaurants were issued for each invoice, the rise must also state the name and identity card, but also stated Cai Ming, because we the people, including restaurants all life is not so!

This is the law and the fact that the gap between the facts of life, if the court does not understand this phenomenon, or handled properly, will appear completely black and white reversal of the judgement. This is not sensational, I encountered on the real. In fact, as long as the court bailiff sent to the site to check out restaurant menus, and staff to find out (if restaurant opposite the entrance or a monitoring unit, accessible by clicking on the can) and, if necessary, may request the health sector or catering Society to help the working and living Can be turned into facts on the legal facts.

My conclusion is: people usually can not judge finds that the evidence in accordance with the idea of life, just as people can not fall ill the same people are not lawyers, just as people are not as a doctor (Dr. He Kuang and lawyers will be sick, lawsuits ). Relief as a last line of defense in court, should respect the reality of life, lawyers can not collect evidence, take the initiative and active investigation, legal facts of life as much as possible close to the facts.

Examples of these restaurants, I have in a Beijing court in the second trial in a move to enable the judge not to the standard of proof set too harsh and not good at that as long as the sitting judges can look at the documents Duanan, Hope that the court can take the initiative in the lives of ordinary people into the field to investigate and collect evidence and make a fair judgement. Wrote here, I can not think of a word: the unspoken rules. I hope that the rule of law as early as possible to replace the unspoken rules.




(C)

How should the lawyer and client communication problems, talk about their experiences. Lawyer and client communication is divided into two phases: to live and work.

1, and then live stage is that the parties have to find you, hope and understanding of the Advisory court heard how to hire a lawyer, when the two sides have yet to be established agency relations. For the lawyers source does not come easily, and more for the reputation, to have the parties is already not easy to find and should be cherished. Therefore, the lawyers and their clients to communicate this stage the main aim should be to try to keep the parties, contributed to signing that received money from the case. Specific communication skills are as follows:

(A) if the call is advice, suggestions lawyers on the phone to communicate with clients in the case as brief as possible, Qingtingdianshui can, to as much as possible about the parties interviewed, but must be about as far as possible to their clients,. Because if the call after a below, lawyers will not only lose valuable source of the case, but not their own harvest. If the parties can come to, if not signed, the lawyers at least in terms of the following harvest:

1, can give a good impression left parties. In China, must not neglect one side of fate, if you eloquence, and dress properly, it is made to the successful first step. Perhaps this subject will find you do the next case or other cases you also may be introduced.

2, you can give the parties left the business card. The parties may be found through friends or media advertising, business cards left parties can ensure that the future can find you directly.

3, can copy the identity of the party materials and archive materials cases. Lawyers on the phone to communicate when not forget to remind the parties to the interview must Daiqi materials. Leave the material can be avoided in future communication troubles, can also enrich lawyers file to facilitate future studies.

4, or consulting fees. According to his lawyer whether the specific circumstances have received this fee. If the relationship between hardware or references in advance that free advice, the lawyers can first tell the parties in accordance with the provisions should have been at the number of consultancies, and then repeat as Shuishui is introduced, so one hour free consultation, etc., to reflect the legal services Value. My experience is that many clients think they have come since, certainly do not want to Baipaoyitang or simply do not care about their Ersan Bai yuan in consulting fees.

(B) If the parties are requested interviews, the lawyers should note the following points:

1, the first interviews will offer the parties to the Lane. This will allow the parties to feel the atmosphere of lawyers and legal services by the strength, but also facilitate the production of lawyers, copying and access to materials. But if the parties signed a decision, lawyers can immediately the formalities (the development agreement, sealed, invoicing, etc.).

2, the lawyers are to be installed.

3, to ensure that communication not bother. Lawyers received by the parties, preferably in a closed meeting room, so that when the parties are talking about the case and can not speak freely disturb. Lawyer at this time can be transferred into his cell phone vibrating.

4, after the meeting not to talk about the case immediately following the preliminary work to be done: First of all Dishang own business card, and other parties Lazuo after Dishang water, and other parties to absorb a little rest for a while after the first asthma briefed by the law and their own. If the lawyers decide to consulting fees, should inform the parties at this time charges, and clearly the beginning of the consultation (preferably put a table in the table).

5, before the formal talks, the lawyers also asked the parties to the two issues. First, whether the parties had consulted on the case other lawyers » Second, whether the parties had worked with lawyers and the experience »

6, while on the case while Chayanguanse. For lawyers, the economic strength of the parties directly related to the contract and whether the number of legal fees. Therefore, when communication between lawyers and their clients can not be completely stick case, attention should be paid through the conversation in which the parties understand the industry, occupation, work and educational background, income or family assets. Grasp the economic situation of the parties, the lawyers have to combine the case with the parties decided to establish what relationship, is a charge for consultancies » Or can be negotiated agent » Or a legal adviser to talk about business » Bar-On as much as possible at this time to charge more business.

7, if the parties agreed to pay consulting fees, the lawyers to control the good advice of the time. Although less than one hour by one hour charge, but if the whole hour away from too many poor feel that the parties will . My experience is: let the parties to complete its case, and then repeat it again by the Law Society and asked whether the parties added that after the court heard from lawyers about legal analysis. If not enough time to close the whole hour, the lawyers can explain to the parties on a number of legal jargon or some similar cases.

8, if lawyers need to copy information by as much as possible to other people, for, by the law to reflect the quality of service and strength. If you need copies of the identity of the party, they should inform the parties can be personally supervised copying process. If the lawyers because other things need to temporarily leave the while, as far as possible not to let the parties feel lonely, to provide press, but their work will not be allowed to notes or other information on the case left to the parties.

9, lawyers and their clients talk about the case if the lawyers cited the need for the other case, must pay attention to confidentiality, the parties must not let you feel the leakage He client privacy.

10, lawyer and client communication, it is necessary to maximize the use of law were made by the French, not the client's style of the parties.

11, the key is: he is not signed, the case can not be too detailed for in-depth analysis. Consultancy fees for non-payment of the parties, the strategic to talk about the case, do not specify the direction for solving problems; pay consulting fees to the parties to talk about the broad outline of the case and pointed out the direction to solve the problem.

12, but not if the parties decided to contract with enough money, will have to deposit them to stay.

13, and a number of major criminal cases in civil and commercial cases, the best interview that the lawyers are the two people.

These are live stage to lawyers and the communication skills of the parties. Also need to remind the majority of lawyers is: there are cases from time to be with. Counsel for the parties and should not be the case without distinction of anything Next, we must consider their own costs and risks in handling cases. Some clients pay a lot, but when you make livestock; Although some cases in favour of, but lawyers may be brought into dangerous social relations. Lawyers in the next stage of living in addition to cherish and strive to signing the source, through the communication between the parties and the choice of screening cases is equally important. As the saying goes: "you are the Pao Budiao, is not for you not to." Lawyers access to natural living, .

Second, the work phase, the parties and is already signed a contract for the parties (clients) to provide specific legal services to the stage. Specific communication skills are as follows:

1, against the surface of the case, the client would like to fully explain the legal risks and lower their unrealistic results of the psychological expectations. My approach is to produce a written informed of the risks of litigation, client signature.

2, whether they are specifically authorized (full) general agent or the general agent, lawyers in action right before the client entities, we must seek the client's permission. For major cases, to obtain written permission.

3, to keep the client on the progress of legal proceedings and must not own more than one week and not the client contact.

4, attention to details and methods of communication. For example, the court informed the court next week, I will edit text messages to tell clients the time and place of trial, if the client did not respond to this message, you need to direct telephone notification. If the client on the phone that did not receive text messages, telephone message after the message again. Because the messages can be retained in the client's phone to facilitate their access. In addition, the day before the trial, the mode of communication to repeat, to prevent the client forgotten, and to inform the court's principal address and the location of the court. If the lawyer is also the first time to, or can be first Caidian clear understanding to others. Similarly, the lawyers received the text message after the client must respond promptly received.

5, the agency work before the end, as far as possible and clients, in particular the cooperation between the first client to maintain a certain distance, not to work and live . And the principal dining out, do not drink.

6, to inform the client received any notice of the court promptly notify their own, often because the client is informed that the court will also notify their lawyers, in fact, the court will only notice one of the parties. Therefore, lawyers should be submitted to the court in his letter of the court, indicated in his power of attorney authorized the contact, including telephone and address Zip code. Some lawyers in the lawsuit or simply in the pleadings of the parties will be linked directly into their mobile phone numbers, is a good note.

7, the agency work after the end of the report can be closed and production of receipt for clients, lawyers can prove that this relationship between the two sides of the agency to terminate the agreement to completion.

8, the major cases or character rather poor client, the qualified lawyer and client can be recorded per call, but must not let clients know, to prepare for the event.

9, to clients in a written document for each (including and fax, e-mail) is marked with their contact information.

10, in court the day before, not only to once again remind clients court time and met with as much as possible or at least call attention to issues of communication on the court, appear to dispel the tension clients, and client communication at the same time, the court countermeasures. My experience tells me this particular communication between the parties can have a favorable impression of lawyers.

11, and meet with clients, in particular, must appear in court when the client than the first.

12, sitting in court and wait for clients to chat, do not talk about the case, perhaps because the other party or each other's agents on around you.

13, signed the trial transcripts, lawyers must look at, but must first signed by the client, lawyers after the signing.

14, try to give evidence on behalf of clients to retain the original.

15, if the client needs from the collection of lawyer fees, contributions to your clients at the best only two of you.

16, and client communication, when all its might in the recording, to avoid Huocongkouchu.

Piecemeal over the collation of these, and the vast majority of lawyers want to share.