(a) lawyers can not violate the ban when meeting, and can list some main norms:
1, can't pass any clues about the case for the criminal suspect or defendant, including clues to expose the crime;
2. You can't use your own mobile phone to let criminal suspects and defendants contact the outside world;
3. You can't collude with criminal suspects and defendants in various ways, and you can't transmit information suspected of collusion by means of body language, notes, palm prints, etc.
4. You can't bring non-lawyers to the meeting, and you can't bring criminal suspects and defendants' families to the meeting;
5. Can't pass on all kinds of information and articles prohibited by the supervision place to criminal suspects and defendants;
6. Prevent criminal suspects and defendants from escaping from the supervision place by meeting.
(2) lawyers should gain the trust of the parties when meeting.
Meeting is the privilege of lawyers and the opportunity for lawyers to communicate with criminal suspects and defendants. For lawyers, the first problem to be solved is to win the trust of the parties and let them give the case to the lawyer with peace of mind.
(3) Lawyers should treat their clients equally.
The relationship between a lawyer and a client is either a principal-agent relationship or a friend relationship. According to the principle of presumption of innocence, lawyers don't need to be too cruel and strict with the interviewee. There is no need to sit condescendingly and deliberately distance themselves from each other, as investigators and prosecutors do when interrogating suspects and defendants, and there is no need to look at each other coldly and reprimand them. Lawyers can sit close to clients, shake hands with them, show sympathy and know their real situation like friends.
(four) actively safeguard the legitimate rights and interests of the parties.
When lawyers find that the legitimate rights and interests of criminal suspects and defendants have been violated during the meeting, they should actively reflect to the relevant departments and urge them to correct them, but they should not ignore them. For example, criminal suspects and defendants were tortured to extract confessions, or beaten by old prison guards, or lacked basic living security, or their personal dignity was insulted, or they were ill and could not be treated, and so on.
Second, matters needing attention when lawyers meet with the parties
As a criminal defense lawyer, we should pay attention to the following aspects in the stages of investigation, prosecution and trial:
We should make full preparations before going to the meeting. Before going to the meeting, it is necessary to further check whether the entrustment procedures are complete, whether the formal meeting letter issued by the law firm is standardized, and whether the accompanying personnel (co-organizers) hold the practicing lawyer's license, trainee lawyer's license and paralegal's license. If there are many key contents in this meeting, an outline should also be listed.
(2) During the interview, in addition to the work contents and working principles listed above in the investigation, prosecution and trial stages, it is also necessary to pay attention not to hand over communication tools to detainees, and not to bring letters, cash and articles. And pay special attention to the mental state and psychological trends of the respondents. When a person is in custody, the trust and dependence on a lawyer is irreplaceable. If a lawyer finds any abnormality, he should communicate with the detention organ or judicial organ in time. In order to gain the respect of others, lawyers must prove themselves with their own actions instead of complaining about disasters all day. In fact, the most difficult thing in the world is to conquer yourself and manage yourself.
(3) After each regular meeting, the lawyer in charge should study the statements of the parties (defendants) obtained during the meeting and carefully analyze the evidence clues and case clues provided by the parties. Those who apply for evidence should apply in time, because only "evidence" is the weapon to safeguard the legitimate rights of the parties.