1. Confirm the identity of visitors and their relationship with the parties to the case.
2. According to the facts described by the client, analyze the legal relationship and confirm whether it is a criminal case.
3. Background of the case
4. Basic facts of the case
5. The litigation stage of the case and the units and personnel handling the case.
6. The customer's work for the case.
8. The purpose of the client's lawyer.
9. Other information that lawyers think should be known.
Second, accept the commission!
1. Before the case is formally accepted, the lawyer answers legal advice for the parties.
2. After receiving the client's entrustment intention, the lawyer should discuss the charges with him as soon as possible.
3. The lawyer shall not make any commitment to the outcome of the case.
4. The same lawyer shall not defend more than two criminal suspects and defendants in the same case, nor shall he defend more than two criminal suspects and defendants who are not involved in the same case but are suspected of committing crimes.
5. If the same law firm accepts the entrustment of two or more criminal suspects and defendants in the same case and appoints different lawyers as defenders respectively, it shall inform the clients and obtain their consent (pay special attention to the case of pest control).
6. Without justifiable reasons, you may not refuse to defend or represent. However, if the entrusted matter is illegal, the client uses the services provided by the lawyer to engage in illegal activities, or the client deliberately conceals important facts related to the case, the lawyer has the right to refuse to defend or represent him.
7. If the lawyer and the client or the client have serious differences on the defense or agency plan and cannot reach an agreement, they can negotiate with the client to terminate the entrustment relationship on behalf of the law firm. After the termination of the entrustment relationship, the lawyer shall promptly inform the case-handling organ.
Third, go through the entrustment procedures!
1. When a lawyer accepts the entrustment, the law firm shall go through the following procedures:
(1) The law firm signs an entrustment agreement with the client;
(2) The client signs the power of attorney;
(three) the law firm issued the relevant litigation documents required for handling cases.
The above procedures, the law firm shall keep the original or stub for future reference.
When lawyers accept entrustment to handle criminal cases, the entrustment procedures can be handled by law firms at all stages of litigation, such as investigation, examination and prosecution, first instance, second instance, death penalty review, appeal and retrial, or at one time.
When accepting the entrustment of "eliminating evils" cases, lawyers shall report to law firms and judicial administrative organs in a timely manner.
2. Lawyers should start working after they have received their fees.
3. The case of designated defense shall be accepted by the documents designated by the people's court or the legal aid center, and no agreement shall be signed.
Fourth, the investigation stage is entrusted!
1. When accepting a case, a lawyer should know the following information from the client as much as possible:
(1) The alleged charges of the criminal suspect
(2) Basic information such as the personal information of the criminal suspect.
(3) the basic information of the client and its relationship with the criminal suspect (the relationship can be verified or required when the detention center meets)
(4) Basic information of the case
(5) The specific requirements and purposes of the client
(6) Whether the case is a special case endangering national security or terrorist activities (the meeting may be restricted), it is very common to pay attention to the current special struggle of "eliminating evils" and restrict lawyers' meeting.
(seven) the communication between the client and the investigation organ and the work done.
(eight) the contact information of the investigation organ and the undertaker.
(9) Whether the suspect is detained and the place of detention.
2. In the investigation stage, lawyers must go through the following procedures:
(1) Power of Attorney signed by the client
(two) the official letter of the law firm
(3) Special letter of introduction for lawyers to meet with criminal suspects in custody
(4) Lawyer's certificate
Wu, accept the entrustment of the review stage!
1. Lawyers should know the following information when accepting entrustment at the stage of review and prosecution:
(1) Did you hire a lawyer at the investigation stage? If yes, what did the lawyer do and whether he continued to participate in the litigation activities?
(2) Whether the case has been returned for supplementary investigation since it entered the stage of examination and prosecution.
(3) Communication between the client and the investigation, examination and prosecution organs.
(4) Review the contact information of the prosecuting authority and the undertaker.
(5) Whether the suspect is detained, the place of detention and the previous meeting.
(6) Other information
2. In the stage of examination and prosecution, the necessary procedures for lawyers are:
(1) Power of Attorney signed by the client
(two) the official letter of the law firm
(3) Special letter of introduction for lawyers to meet with criminal suspects in custody
(4) Lawyer's certificate and its copy
Sixth, accept the commission at the trial stage!
1. Lawyers should know the following information when accepting entrustment at the trial stage:
(1) Did you hire a lawyer in the investigation stage and the review and prosecution stage? If yes, what did the lawyer do and whether he continued to participate in the litigation activities?
(2) The time when the case entered the trial stage.
(3) The communication between the client and the investigation, prosecution and judicial organs.
(4) Contact information of the judicial organ and the undertaker.
(5) Whether the suspect is detained, the place of detention and the previous meeting.
(6) Other information
2. At the trial stage, the necessary procedures for lawyers are:
(1) Power of Attorney signed by the client
(two) the official letter of the law firm
(3) Special letter of introduction for lawyers to meet with criminal suspects in custody
(4) Lawyer's certificate and its copy
Seven. General operating rules of the meeting!
1. A lawyer should know the following information before meeting a criminal suspect in custody:
(1) Do you need other materials besides "three certificates"?
(2) Reception time of detention center.
(3) Do you have any special requirements for lawyers, especially during the COVID-19 epidemic, and do you need to provide other materials or protective equipment besides the "three certificates"?
(4) Whether the interview belongs to special cases such as endangering national security, crimes of terrorist activities, crimes involving black and evil, and whether it needs approval.
2. If the detention center cannot arrange a meeting in time, the lawyer shall report to the case-handling unit, the resident prosecutor, the procuratorial organ and other relevant departments in time, and shall not directly conflict with the relevant personnel.
3. After determining the time for meeting the criminal suspect and defendant in custody, the lawyer shall inform the client of the meeting as soon as possible, and find out whether they have any legal matters unrelated to the original, such as conveying greetings and explaining housework.
4. Lawyers should bring at least the following documents when meeting:
(1) Power of Attorney signed by the client
(2) Special letter of introduction for lawyers to meet with criminal suspects in custody
(3) The original lawyer's certificate (individual detention centers need a copy)
(4) Identity certificate of the relationship between the client and the criminal suspect (required by individual detention centers)
(5) Meeting templates, recording paper, stamp pad, stationery and other items.
Note: Affected by the epidemic situation in COVID-19, the epidemic prevention and control policies have been adjusted frequently all over the country, and different meeting requirements have been put forward for lawyers. It is suggested that lawyers confirm the meeting policy with the detention center before going to the foreign detention center and arrange the itinerary reasonably.
During the epidemic in COVID-19, it is generally required to hold the nucleic acid test report, health certificate and action track, personal commitment within 48 hours, and even individual detention centers are required to wear protective clothing, goggles, gloves, foot covers and other protective articles.
5. Lawyers can operate according to specific cases when meeting, but each meeting must include the following contents:
(1) convey greetings from relatives and friends to the criminal suspect and defendant.
(2) Understand and care about their living conditions during their detention.
(3) Give them the necessary comfort and encouragement.
(4) Know the latest progress of the case you know.
(5) Introduce them to the latest progress of the case and predict the future progress of the case procedure according to the law and practice.
(six) to answer the legal advice put forward by criminal suspects and defendants.
6. When meeting with criminal suspects and defendants, we should focus on the following information:
(1) Basic information such as personal information of criminal suspects and defendants;
(2) Whether the criminal suspect or defendant has committed or participated in the suspected crime;
(3) Whether the criminal suspect or defendant has any objection to the facts and allegations investigated by the investigation organ, and whether they have any objection to the facts and allegations identified in the prosecution opinions and indictments;
(4) The plea that the criminal suspect or defendant is innocent and the crime is light;
(five) whether the criminal suspect or defendant has surrendered, rendered meritorious service, returned stolen goods, compensation and other sentencing circumstances that are lighter, mitigated or exempted from punishment;
(6) Whether the criminal suspect or defendant has criminal forms such as criminal preparation, criminal suspension and attempted crime;
(seven) whether the filing and jurisdiction are in compliance with the law;
(8) Whether the legal procedures for taking compulsory measures are complete and legal;
(nine) whether there are illegal acts of obtaining evidence, such as extorting confessions by torture, and other violations of personal rights and litigation rights;
(10) Seal up, detain and freeze the property of criminal suspects, defendants and their relatives;
(1 1) Whether the confessions and excuses collected by the investigation organ are consistent with the statements made by the lawyers during the meeting, and whether there are any repetitions or reasons for repetitions;
(12) Other information related to the case that needs to be known.
7. During the meeting, we should communicate with the criminal suspect and the defendant about the defense plan and defense opinions at the corresponding stage.
8. Inform the legal significance and consequences of confession and punishment.
9. If meeting minutes are taken, they should be signed for confirmation.
10. With the consent of the detention center, defense lawyers can accept written materials related to defense submitted by criminal suspects and defendants, and can also provide criminal suspects and defendants with documents and materials related to defense.