■ ask for the ground to tear open change lawyer 4 have new standard: Have special skill or knowledge; Have an attitude; Have public praise; Have the milk of human kindness
■ authority of the dimension that tear open change has a way; Compensation of high specified number has clever court
Seek advice in law in reaching conduction case process, party classics regular meeting asks a lawyer: "Can this case win the lawsuit? Can be you given off to come by seizer? Can you maintain an order? " if you cannot make affirmative reply, they are met to one's great diappointment, lose the faith to you even. Accordingly, to answer this question, the judicatory practice that the lawyer thinks to be necessary to combine China will make detailed treatise, because be below Chinese national condition, this is not a simple question, rather, this is a very complex issue.
▌ what is " win the lawsuit " ?
Win the lawsuit to look from the lawyer, the increase of one party party that means a representative appeals to beg be given by the court the biggest change support, for example appeal divorces, the court allows divorce, for example appeal penalty due to breach of contract, the court sentences your the other side to pay penalty due to breach of contract to wait a moment. And in judicatory practice, with " win the lawsuit " correlation is the closest is " evidence " and " lawsuit is politic " .
▌ evidence
Evidence collects the job is a foundation, need gathers the evidence that has authenticity, lawful sex and associated sex. Party misunderstanding is most is to think he look for a few individual autographs the name writes a material to be able to serve as evidence, actually otherwise, testimony of this kind of witness often did not appear in court because of the witness attest and devoid authenticity basis, be not collected to believe by the court thereby, with common divorce case prosecutor need quote proves burst of feeling of husband and wife and character, accuser needs to evidence proves bilateral feeling burst, the other side of relative friend attest that the party in practice often seeks him how moral character is abominable wait, the authenticity that this ignored evidence is likely by criticize of lawyer of the other side, the witness that finds because of you and oneself are the relative that has interests, its prove effectiveness nature is weaker.
▌ lawsuit is politic
Litigant strategy is worth party to look for a lawyer to consult more, once,raise authority issue for example lawsuit, the court often does intercessory work, persuade to take a party breath to appeal to in order to mediate end a case, and if party accepts what this kind of plan often means him to appeal to authority,come true again hard, when the behavior that because quote wants to prove the other side has in the life henceforth,abuses the child very difficult, if from consider on the other hand, nolled prosequi to withhold oneself temporarily appeal to authority, can sue again when the opportunity is mature henceforth.
Evidence is collected and the union of litigant strategy is project of a system, in often collecting evidential process accumulate the formation that contained politic train of thought and revise, chase after with debt receive a case to be exemple, I am chased after in conduction debt proceed with often is investigated from periphery information first in accepting a case, wait in order to gather the domestic information of debtor, property information, the soft costal region that can analyse this debtor in the process that gathers these evidence is in where, he most fear what pressure, be direct lawsuit has deterrence power? Still case to have deterrence power more to his unit or relative through giving out a lawyer? All these problems are collected in evidence constant change is amended in the process, till an optimal program gives heat.
Of the case winning the lawsuit is process of a system, it is a dynamic process, the lawyer can make be just like is stylist of a fashionable dress, offer according to party " cloth " come the dress with the most appropriate and decent cut out, this need skill and experience are made prop up, need party to had been offerred more " cloth " namely evidence, if what evidence does not have party, make a judgement to winning the lawsuit with respect to requirement lawyer, hapless that finally still is him, because gentleman of street edge fortune-telling often has, and litigant opportunity however fleeting.
▌ law, code prohibits lawyer acceptance
Judiciary and countrywide law assist proclaimed in writing prohibits the lawyer has undeserved commitment to case outcome.
" lawyer hold industry government measure " (judiciary passed on May 28, 2008) thirtieth 2: "The lawyer undertakes business, ought to inform client to should entrust item to deal with the legal hazard that appears possibly, must not use bright show or allude means to make undeserved commitment to client to conducting a result " ;
" lawyer hold trade act standard " (bar association of China whole nation passed on March 20, 2004) the 16th: "The lawyer must not give commitment as a result to the client court decision with respect to some case. When the lawyer makes some kind of judgement to some case in basis fact and law, should making clear made judgement to client is individual opinion only " ;
" lawyer profession morality and hold standard of discipline of course of study " (bar association of China whole nation edited on November 26, 2001) the 26th: "The lawyer ought to follow the principle of honest be as good as one's word, inform client place to entrust the legal hazard that item may appear objectively, the risk that does not appear intentionally to the likelihood is done be stated impertinently or make false commitment " .
Judiciary and countrywide law assist publish afore-mentioned documents, basically be the result because of lawsuit, suffer effect of place of a lot of element, be like tendentiousness of evidential circumstance, judge, careful appoint the element such as interpose of policy of the professional standard that meets strategy of opinion, litigation, lawyer, country, influence. Have among them can control an element, be like the effort of litigant strategy and lawyer, also have cannot control an element, still have not knowable factor, be like careful appoint interpose of meeting opinion, influence. Return the element that cannot control likely also likely, the understanding of affection of counterproposal of the taking that is like evidential material, judge and tendentiousness, undertake even mood of state of mind. In so much element, lawyer can exert oneself at knowable element.
Because the lawyer is impossible to resemble fortune-telling gentleman same, the fact that does not grasp to oneself and circumstance cannot be installed adept go flicker party. Additional, party is probable intended or exaggerate to be helpful for oneself fact inadvertently, the factual mention lightly that will go against oneself, do not say a single word even, likely also party of be confined to has deviation in legal qualitative acknowledge to dispute. And the fact with these very not specific before the event, meeting as front courtyard careful undertake and spread out, the fact that perhaps thinks to make clear by accident is met as the other side of material of a few testimony show and produce change.
▌ lawyer whether undertake " the relation is changed " run
As above, party should ask possibly, since have so much variable factor, power to make decisions is in judicatory personnel hand, why to undertake " is the relation changed " run, make calm judicatory staff directly? Such differ Lao Yongyi? This also is the idea with majority innocent party, it is self-righteous petty trick. From interests for, the; even if that majority judicatory personnel won't risk the illegal crime, risk that lose job to have an insatiable desire for this to order small increase is interest temptation tremendous, but the world does not have windtight wall, bribery judicatory personnel also is facing the risk of responsibility of the criminal that be found out momently. Additional, especially great criminal case, those pursuit are innocent, put the person, case that defends a life, "The relation is changed " running is blind lane more.
As a result of " criminal law " with " lawyer law " specific provision lawyer undertakes " the relation is changed " run behavior is illegal criminality, so once come to the light, the lawyer also will is faced with lose job, conviction the risk of division punishment, at the same time the illegal interest of party will be liquidated afresh, such case already was common in judicatory practice, this shows, the lawyer undertakes " the relation is changed " running is drink poison to quench thirst-seek temporary relief regardless of the consequences, compensate undoubtedly the madam is folded again arms.
In practice of additional explicit judicatory, undertake " the relation is changed " operational lawyer the demand to cater to party, often have highbrow false commitment, say to be able to be done calm, sure, can put a person, come with this the gold of con party. After waiting for party discovery to be decieved, mostly the testimony that suffer from receives property without the other side, can dummy has the rhizome of Chinese goldthread, ask for trouble. Also of course partial lawyer is found out because of this by the criminal of crime of fraud, mark of former Guangdong lawyer east, English of king of Gansu Province lawyer all because of " take a concern " offend crime of fraud and deep-set jail.
▌ yields lawyer acceptance result, be inferior to affirmatory process
One, does the lawyer handle a case is those who assure process or result after all?
" lawyer law " the 2nd regulation: "This law place weighs a lawyer, it is to point to obtain a lawyer lawfully hold industry letter, accept entrust or appoint, provide legal service for party hold personnel of course of study. The lawyer ought to safeguard party to close right increase, safeguard law to be carried out correctly, safeguard social fairness and justice " .
Visible, from law to social attribute of the lawyer fixed position looks, what lawyer place offers is a kind of service merely, is not a kind of product. Since be a kind of service, existing the corner of it is difficult to cater for all tastes, the service is whether considerate, satisfactory, lose sight of sometimes, feel do not wear, comprehend by party individual completely, be like hotel repast, the hotel can provide meal service only, as to meal goluptious, it is green vegetables turnip, each loved somewhat.
Moreover, our country is statute country, home of France of legal precedent of and rather than, the with respect to sex of the existence, look up before cause controversy or be being lacked design flaw when legal clause is made, be in causing real life, conflict of contrary law original intention does not fall, fair the main reason that says public put in order, mother-in-law says the mother-in-law is justifiable, also be the key that the lawyer cannot assure litigant outcome.
So, the lawyer can note procedure of severely punish case only and cannot assure to handle a case result.
2, the lawyer is unwarrantable handle a case result, ask a lawyer to have why to use?
If you are law major graduation or more familiar proceeding, that asks lawyer nature not to remove much your work to use. Although some do not understand,because of the thing that the lawyer knows you also know; probably, online inquiry, search one, floriferous dot time is studied, also can understand. But if you are not law major,graduate, you need to teach oneself relevant legal knowledge to handle the lawsuit before, you are about to be calculated the economic cost that studies legal place to pay with these time and time cost, the corresponding get one's own back that undertakes with the industry that these time are familiar with in oneself the institute may be obtained, which grows to his or is which grows to his or future helped bigger? Professional job gives professional person is done, it is current society and even the mainstream that will develop henceforth.
3, is the lawyer in after all what respect can help party?
General principle does not say, I a demonstrate lamp that figure ground analogy is big sea mile. The boat sails in boundless and indistinct sea, be full of key, torrent and billow, avoid a risk effectively, it is the key that assures to reach the other shore. In the crisis the 4 bend over, circumstance that be at a loss falls, have a bright demonstrate light is how-to way, guide you to spend dangerous shoal surely, it is important that you say not important still? Cite an example simply. Goofy in proceeding knowing the case is accepted in local court is better than be being accepted in different ground court. If the case is in give without jurisdictional court accept, you were handed over rejoin shape, show you agree with different ground court to accept, different ground court turned into to have jurisdictional. But if you consulted a lawyer, the lawyer tells you to cannot be referred certainly rejoin opinion, should go ahead of the rest raises jurisdictional objection, final case moves sent the accused seat the court. Do you think to retain a lawyer valuable?
4, the lawyer does not assure a result, but case conduction process is very important
Just like a product line, if any segment gave an issue, the product that place production comes out is not reject, at least imperfect. The lawyer should use up all likelihoods to make sure the process of the service makes party satisfactory. If be recieved enthusiasticly, listen attentively to attentively, patient explanation, remind and help party collect testimony or apply for investigation to obtain evidence to the court, study details of a case seriously, search the breach of the case and relevant legal provision, with undertake judge, inquisitor communicates communication to be waited a moment to the understanding of legal clause.
In this process, the lawyer admired painstaking effort, used oneself professional knowledge and wisdom or corresponding person pulse, final result although cannot satisfactory, but the lawyer was accomplished unashamed.
To this, party should understand adequately and the laborious of esteem lawyer is moved with one's shoulder to collar. If seeks the final result that win the lawsuit blindly and no matter basic fact, to the lawyer handle a case process be indifferent to sth, otherwise willfully make a trouble, requirement removes fee mutual even attack, each other harm, do not ask lawyer, suitable its nature perhaps is party first-rate choice.
The place on put together is narrated, hear when you " the bag is hit win " this triliteral moment, asked you to think carefully!
If ◆ feels this literary works is good, remember nodding assist, comment and transmit; To small make up add leg of drumstick, duck, goose leg.
