1. Do you need a lawyer for criminal cases in Shanghai?
Asking a lawyer to defend is the only way to safeguard the legitimate rights and interests of criminal suspects and defendants. This is necessary. Of course, the premise is that you have economic conditions. But there is no need to hire a lawyer for a small case with clear facts and uncontroversial nature. However, you need to consult a lawyer in advance to understand the relevant situation.
Second, how to choose a criminal defense lawyer in Shanghai?
1, to clarify the business direction of lawyers.
The legal profession is also divided into different occupations. With the acceleration of the legalization process and the promulgation of a large number of laws and regulations, the differentiation of the lawyer industry is becoming more and more obvious. The "all-round" lawyer who used to do everything is no longer feasible. Lawyers who really achieve something often focus on only two or three, even in a legal field, especially in big cities like Beijing and Shanghai. Therefore, when the parties choose a criminal defense lawyer, they must be clear about the specialty of the lawyer you want to choose. Is criminal business his specialty? If you unfortunately find a traffic lawyer or an intellectual property lawyer to do criminal defense, the effect will be worrying. Conversely, going to the auditorium in Dallas is like going to the dentist and finding a cardiologist. Most lawyers claim to be able to do criminal defense. But if they can do it, they may not be able to do it well. For ordinary lawyers, they may complete more than a dozen criminal defenses in their lifetime, but for professional defense lawyers, they can complete hundreds or even thousands. Different practice accumulation will often have different case handling effects.
2. Pay attention to the practical experience of lawyers.
The practical experience of lawyers is also crucial. Law is a very practical subject, and certain social experience and social practice experience are very necessary. When hiring a criminal defense lawyer, we should pay attention to his practical experience and see if he has handled a considerable number of cases and what is the effect? Generally speaking, handling a certain number of criminal cases is very necessary for criminal defense work. However, this does not mean that the older the lawyer, the better. It is also an objective reality that many old lawyers are rigid in dogma. Usually, their business focuses on criminal cases.
About five or six years, he can be said to be a relatively mature criminal lawyer.
3. The language ability of lawyers.
Criminal defense lawyers should have good language skills. Eloquence is the basic quality that criminal lawyers should possess. A lawyer who is good at expressing, persuading others and selling his arguments to others is a good litigator. It is hard to imagine that a clumsy person can cope with the fierce war of words in court. Therefore, good language skills are the qualities that criminal lawyers should possess. When choosing a lawyer, the parties should pay attention to the lawyer's expressive ability and whether the lawyer's language expression is organized. Is the thinking clear? Can you get to the point? We should know that language expression is often the externalization of internal thinking, strict logical thinking is the foundation, and sharp language is the tool. The parties can consider the lawyer's logical thinking ability by "listening more" and judge whether the lawyer's thinking is organized. This book is the most important, but it is also something to consider. After all, a lawyer who can't express himself fluently is hardly an excellent criminal defense lawyer.
4. Choosing a criminal lawyer in Shanghai should be based on one's financial ability.
It costs money to hire a lawyer. Although compared with some big economic cases, the fees of criminal cases are not high or even very low, even so, for the vast majority of working-class parties, the lawyer's fees are also an expensive expense.
5. Criminal lawyer fees in Shanghai
At present, there are two ways to charge lawyers:
1, time charge. The maximum time charge shall not exceed 3000 yuan/hour.
2. Piece rate. Charge by piece, and the lawyer's fees for criminal cases are charged according to different stages, which are specifically divided into:
Investigation stage, examination and prosecution stage, first instance stage, second instance stage and retrial stage.
What the parties should understand is that the level of lawyer fees is often related to the lawyer's practice experience, the effect of handling cases and the number of cases. Generally speaking, the more experienced lawyers, the better the case handling effect, and the more cases, the higher the fees. But it doesn't mean that the higher the fee, the better the lawyer and the more suitable for your needs. What kind of lawyer to entrust to represent the case should be considered comprehensively according to one's own economic ability and the nature and characteristics of the case.
For small cases with clear facts and uncontroversial nature, there is no need to spend tens of thousands or hundreds of thousands of dollars to hire lawyers. For cases with complex issues, great controversies and severe sentencing, experienced professional lawyers should be selected as defenders. If you only want to save money at this critical moment, you are likely to miss the big event.
Zhou Yulong, Shanghai criminal lawyer, director of Shanghai Dabicheng Law Firm. The Supreme People's Procuratorate and the provincial people's procuratorate civil and administrative litigation supervision case consulting experts; Shanghai Lawyers Association is a professional criminal defense lawyer; Member of the 10th Criminal Defense Business Research Committee of Shanghai Lawyers Association; Member of the 11th Research Committee of Criminal Procedure Law and Criminal Defence Business of Shanghai Lawyers Association.
Legal basis:
Article 10 of the Regulations on Legal Aid: For the following matters that need to be represented due to economic difficulties, citizens who have not entrusted an agent may apply to legal aid institutions for legal aid:
(1) Requesting state compensation according to law;
(2) Requesting social insurance benefits or minimum living security benefits;
(3) Requesting pensions and relief funds;
(4) Requesting to pay alimony, alimony and alimony;
(5) Requesting payment of labor remuneration;
(six) to claim the civil rights and interests arising from the courageous behavior.
The people's governments of provinces, autonomous regions and municipalities directly under the Central Government may make supplementary provisions on legal aid matters other than those stipulated in the preceding paragraph.
Citizens may apply to legal aid institutions for legal advice on matters specified in the first and second paragraphs of this article.