First, the lawyer handling procedures (consultation-reception-handling)
(1) Consultation
1, listen to the client's case.
2. Ask questions about the ambiguity of the parties in order to better understand the case.
3. Reasonably analyze the case and explain the possibility of winning the case.
(2) Accepting cases
1. Law firm case fees (different fees are charged according to different laws)
2. Acceptance and ratification. Fill in the closing approval form and report it to the leader for approval.
3, the instructions, handling quality supervision card (including the stub) to the client after a look at the signature or seal.
4. Sign the agency contract in duplicate.
5. Customer authorization
(1) The client writes the power of attorney or the lawyer drafts the power of attorney for the client, and the client signs or seals it after reading it.
(2) If the client is an individual, let him hand in a copy of his ID card; If the customer is a company, let him hand in a copy of the business license and a certificate from the legal representative.
6. charge. After the law firm collects the client's lawyer service fee, it will issue a lawyer service fee receipt to the client.
(3) Handling cases
1, making legal documents
(1) If the customer is the plaintiff, make a complaint.
(2) If the client is the defendant, make a defense.
2. Investigate and collect evidence
(1) Require the client to submit existing relevant evidence, such as documentary evidence, physical evidence, audio-visual materials, etc.
(2) lawyers investigate and collect evidence. Investigate and collect witness testimony, police transcripts and file records.
3. file a case (as a plaintiff).
(1) The agent submits the official letter, power of attorney, complaint, evidence list and relevant evidence of the law firm to the court with jurisdiction.
(2) The court shall file a case for examination, and file a case after examination, and then issue a notice of accepting the case and a notice of proof.
4. Received a notice to appear in court. In practice, some courts give notice of appearance on the day when the case is submitted, while others give notice after a certain period of time.
5. Be a surrogate.
6. Participate in the experiment.
First of all, the clerk finds out whether the parties and other participants in the proceedings appear in court and announces the court discipline.
Then, the presiding judge announced the court session, checked the parties, announced the cause of action, announced the list of judges and clerks, informed the parties of their litigation rights and obligations, and asked whether the parties filed an application for withdrawal. If the parties do not apply for withdrawal, the court will continue to hold the session. Generally, both sides should be consulted first to see if they are willing to mediate. If both parties are willing to mediate, they will enter the mediation procedure. If you don't want to, continue the experiment. First, the plaintiff claims the claim, facts and reasons, and then the defendant pleads.
Then, the presiding judge announced that he would enter the court for investigation. The plaintiff gives evidence first, and then the defendant cross-examines. After several rounds, after the plaintiff presented the evidence, the defendant presented the evidence and the plaintiff cross-examined. After the two sides have completed the proof and cross-examination, the court investigation is over.
The evidence and cross-examination in the court investigation stage are the most important, which affects the acceptance of the court and the success or failure of the lawsuit! Therefore, the proof should be thorough, the cross-examination should be sufficient, and there should be no carelessness. As the saying goes, "details determine success or failure", it is true.
Subsequently, after the court investigation, the presiding judge summarized the focus of the dispute and then entered the stage of free debate. On the basis of court investigation, debate freely on the focus of the dispute. First of all, the plaintiff stated his reasons, and used the "three-stage theory of logic" to clarify his views and support his request. The defendant refuted the plaintiff's point of view, opposed the other party's request and safeguarded his own interests. Then, the defendant advocated his own point of view, stated the reasons, and the plaintiff refuted it. After several rounds of mutual debate, the free debate ended.
Then, the court debate ended and entered the final statement stage. The presiding judge shall consult the final opinions of both parties in the order of plaintiff and defendant. After the plaintiff's final statement, the defendant stated.
Finally, the trial ended, waiting for the court to decide according to law. Mediation can be conducted before the judgment, and mediation can also be conducted. If mediation fails, make a timely judgment.
(4) When the judgment comes out, the whole lawyer's agency of first instance is over.
(five) timely filing summary.
Second, the criminal part.
(1) Consultation
1. Listen to the client's statement on the criminal situation and current situation of the criminal suspect and defendant, and ask questions about the ambiguity in the client's statement until it is completely understood.
2. Reasonably analyze the case. Analyze the nature of the case and the circumstances of the crime, and get the possibility of crime and non-crime, light crime and guilt.
3. Answer customers' inquiries about the judgment. Answer questions accurately, make no promises, give no perfunctory answers, and make no promises casually. After the reply, let the parties have a clear mind. Although there is no guarantee, we should also inform the client that if we entrust this law firm and authorize this lawyer, we will do our best to strive for the best case results. This point must be made clear to customers.
4. Lawyer's service fee (all different fees in different laws)
(2) Accepting cases
1, fill in the closing approval form and report it to the leader for approval.
2. After approval, submit the entrustment instruction to the client for review, and then let the client sign or seal it.
3. Sign the entrustment agreement in duplicate. One for the client and one for the bottom layer.
4. The client authorizes the lawyer. Power of attorney in triplicate. One for the client, one for the public security organ, procuratorate or court, and one for the record.
5. The lawyer's service fee invoice in triplicate. One for the client, one for the lawyer handling the case and one for the law firm.
(3) Handling cases (trial stage)
1. Submit the official letter of the law firm and the power of attorney of the filing court to the judge in charge, and then go to the judge in charge to collect the file, view, extract and copy the file materials.
2, check the files, a comprehensive understanding of the case, organize the idea of meeting and asking questions.
3. Meeting
(1) There are two people to meet, so take:
1 lawyer's certificate;
2 indictment;
3. Special certificate for lawyer meeting;
Special letter of introduction for lawyers to meet with criminal suspects and defendants in custody.
(2) Meet and ask questions. To further understand the case, we should identify the facts according to the doubtful points and relations of the case, and ask questions about the circumstances of sentencing, so as to be targeted.
(3) Inform the interviewee of the trial procedure.
(4) At the same time, make meeting records for the interviewees to read and sign for future reference.
(5) After the meeting, sign off.
4. According to the previous reading and meeting, draft a defense.
5. Court session. Defend in court (omitted) and make a good trial record at the same time.
(4) Wait for the judgment after the trial, pay a return visit in time after the judgment, and make a record of the return visit.
(5) After the return visit, the defense of the first-instance lawyer's representative is over.
(six) timely filing summary.
Through the foreshadowing of the whole article, the lawyer's handling procedure is nothing more than following three main processes: consultation, receiving cases and handling cases. The client who hires a lawyer should provide comprehensive information to the lawyer so that the lawyer can accurately grasp the case and defend the client reasonably. For more relevant knowledge, you can consult Xiaogan lawyer.