There are still many parties who believe that paying for a lawyer is to win the lawsuit. If the lawsuit is lost, which proves that the lawyer has not played any role, then it will be questioned-why do you charge the lawyer's fee if you can't win the lawsuit?
No party is willing to pay a large sum of legal fees, but he is not sure about the outcome of his case at all, so it is reasonable for the parties to ask such questions and have such doubts. In fact, "winning the lawyer" is not a panacea for litigation, and losing the lawsuit does not mean that the lawyer is useless. Why is this? See how the lawyer explains it—
Winning a lawyer is illegal!
Article 32 of the Measures for the Administration of Lawyers' Practice: "When undertaking business, a lawyer shall inform the client of the possible legal risks in handling the entrusted matters, and shall not make improper promises to the client in an express or implied way". Therefore, it is illegal to make a promise of "win-win" at will.
Lawyers and doctors have many similarities, just as doctors don't promise patients that they can treat diseases, and doctors with professional ethics don't "guarantee" patients. Doctors generally hold conservative opinions on the treatment results of diseases, and even ask patients to confirm the "risk notification form" before operation to remind them of the risks. Therefore, the promise of "win-win" violates the Lawyers Law and lawyers' professional ethics.
"Winning" is a difficult concept to define!
Winning or losing is a general concept, or an unclear definition. Win as much as you can, lose as much as you can. When will you win and when will you lose? In real life, there are many situations that need to take into account the interests of all parties. In the lawyer's view, winning the case means that the interests of the principal are supported by the court to the maximum extent.
What are the specific requirements of the parties to the case, which is also an important factor to consider whether the case can achieve good results. Some cases have different understandings of winning or losing. Even if you lose the lawsuit, it is successful in the eyes of the parties. If the client must guarantee how to win the case, the lawyer must explain it to him clearly.
The outcome of the case is not up to the lawyer!
Litigation is evidence.
A case will have different results because of many factors.
Many parties entrust lawyers, thinking that they are the right party and firmly believe that they will not lose, but the court still looks at the evidence. Why do many parties think they are right, but they lose the lawsuit? Mostly because the evidence is not valid enough to prove the consequences of losing the case.
There are many factors that affect a case. Besides evidence, the outcome of litigation is also influenced by many factors, such as evidence, judge's inclination, opinions of judicial committee, litigation strategy, lawyer's professional level, national policy, power intervention and so on. Therefore, the winning or losing of a case cannot be judged unilaterally.
As for the outcome of litigation, lawyers are only one factor, not necessarily a very important factor, because lawyers have no right to decide the final litigation. The lawyer's job is to reflect all the contents that can safeguard your rights according to the law, provide a decisive legal opinion, and let the outcome of the lawsuit be affected by this opinion, thus safeguarding the legitimate rights and interests of the parties.
Bao Ying's lawyer thought to himself,
Lawyers who can't win are thinking of their clients!
In reality, some parties also want to find a lawyer who can win the lawsuit. Some lawyers often make judgments easily when the case is still unclear, patting their chests and making promises of "solving the case", "letting people go" and "lightly sentencing". As everyone knows, these "win-win lawyers" may backfire. The more the parties hope, the greater the disappointment.
At this stage when the client is looking for a lawyer, the lawyer can't make a promise to the client, and making this promise is also unreliable. In the process of unilaterally expounding a case, it is not good to make a commitment in this respect without going through the trial of the court, seeing the evidence of the other party and knowing the defense of the other party. On the contrary, lawyers should fully reveal the risks of this case at this stage.
What you need is a good lawyer,
Instead of winning the lawyer at will!
A lawyer is not a responsible lawyer if he easily promises his client that he will win. Because whether a case can be won or not depends on legal facts, whether there is any evidence to prove that the quality of the case handlers and the ability of lawyers are not a verbal promise. This kind of lawyer had better not be trusted.
Lawyers have similar legal provisions, but the impact on the case may be different because of different lawyers. What is a good lawyer?
First, grasp the objective facts, especially the small links;
Second, the analysis of the most concentrated problems in objective facts;
Third, the court argued in the process of prosecution.
A good lawyer can reflect the overall situation of litigation, guide the parties to seek advantages and avoid disadvantages, give full play to favorable factors and reduce the influence of unfavorable factors. In this way, there will be more opportunities to strive for the desired results.
When asked "Can I win?",
A good lawyer would say:
I will tell the client truthfully, I don't know the facts of your case, I don't know the specific evidence, I don't know what happened in court, so I don't know if you can win this lawsuit.
More often, I will analyze the facts of the case for the parties, favorable and unfavorable, so that the parties can know for themselves. After explaining this, he can really understand that the lawyer has really understood the facts of the case and made him feel that you are doing something to safeguard his legitimate rights and interests. Therefore, a truly rational client will accept a lawyer who is considerate of him.
When such a party asks for a win-win commitment, I will definitely answer him: I can't make a win-win commitment, because this is not my trial, nor can a lawyer control it. Lawyers can only actively defend your claim according to the evidence you provide, and whether the case can finally win depends on the court's investigation and evidence collection, and objectively evaluate the evidence according to the law. At present, any promises made by lawyers cannot represent the court's decision.
Therefore, the decision to hire a lawyer is not about winning or losing, nor about the lawyer's commitment, but about the lawyer's professional ability, professionalism and honest attitude. As Baron Bram Taur, a famous British lawyer, said, "A smart client will wisely say to his lawyer,' I want you to defend me, not judge me. I know, how to judge, that's a matter for the judges. "