A lawyer who talks big in court is not necessarily a good lawyer.
Most people's impression of lawyers comes from legal dramas. Lawyers sometimes argue and argue in court, and sometimes they are emotional. They vividly turned the courtroom into a stage for Broadway performances. After reading it, the defendant and his family felt that the lawyer worked hard and defended loudly, as if he had said a lot, and then they felt that the lawyer was very professional. It is risky to hire such a lawyer. Court defense is not a performance for the defendant and the audience. The impassioned form cannot make up for the emptiness of the content. The purpose of court defense is to convince the judge. Because he may not be able to help the judge pay attention to the details he neglected, deepen the understanding of the case, and lack substantive help to the court trial, the final judgment result is often unsatisfactory. This is why in practice, the procuratorate has put forward sentencing suggestions for four years. After the eloquent defense of the defense lawyer in court, the court finally sentenced him to eight years. Therefore, if you see some lawyers talking freely in court, it doesn't necessarily mean that they are professional. Talking a lot doesn't mean speaking well. Don't be fooled by appearances.
Second, lawyers who flaunt social relations are basically not good lawyers.
If in the process of consulting a lawyer, the lawyer does not analyze the facts of the case, but always emphasizes how active his social relations are, then he must be extremely cautious as a client. First of all, the social relations emphasized by defense lawyers may not really exist. It is simply using the anxiety of the defendant's family to defraud the lawyer's fee. Once the case is entrusted, it is still handled according to normal procedures, and there is no need for the "human relationship" promised by the defense lawyer. Secondly, instant defense lawyers have this kind of "human relationship" and it is difficult to get involved in the case. If the "human relationship" mentioned by the defense lawyer comes from being very familiar with the prosecutor or judge who handled the case, then according to the avoidance provisions in the Criminal Procedure Law, the prosecutor or judge in this case should be replaced. If the so-called "personal contacts" of defense lawyers come from people other than the direct case handlers, according to the provisions of the current Organization Law of the Procuratorate and the Organization Law of the Court, if the staff of other state organs "greet" the case handlers, the case handlers should record them truthfully, which will reduce the occurrence of artificial "personal contacts". Finally, even if this "human relationship" affects the case, the actual effect is limited, and the judge can only be lenient within his own discretion, because once there is a big deviation in the case characterization or sentencing, the judge will face the risk of being held accountable.
So, is there a good way to judge the professionalism of lawyers?
We can judge the professionalism of defense lawyers through judgment documents, and a more intuitive way to judge a lawyer's professional level is to retrieve the lawyer's judgment from online judgment documents. At present, only some judgment documents are published online. If more than 10 judgment documents of this lawyer can be retrieved, it can be shown that this lawyer should have rich experience in handling cases. Of course, there are also cases where a lawyer's judgment documents are not made public and it is impossible to judge the level of some excellent lawyers. For lawyers who have the intention to entrust but have not yet decided, the client may ask them for the judgment documents of the cases he has handled before. After obtaining the judgment documents of defense lawyers, we should focus on the content of defense opinions put forward by defense lawyers and the final adoption of the court. The defense opinions put forward by defense lawyers can best reflect the professional level of defense lawyers. First of all, defense opinions are the result of defense lawyers' pre-trial preparation work. Only by analyzing the case file piecemeal, fully meeting and communicating with the parties, and fully grasping the facts and evidence of the case, can the defense lawyer put forward a detail that will help the judge fully identify the case. Secondly, the defense opinions reflect the defense lawyers' understanding of legal norms and practical experience. Only by fully understanding the current legal norms, clearly defining the specific meaning of the provisions and understanding the disputed areas can we accurately lock the focus of the case.
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