Question 25: What should a lawyer do when he meets a suspect for the first time?

Question 25: What should a lawyer do when he meets a suspect for the first time?

A: There are seven steps for a lawyer to meet a criminal suspect for the first time:

The first step is to explain your purpose. Inform the client of the person, reason and process of entrusting a lawyer, introduce the identity to the client, eliminate the client's vigilance and anxiety, and build trust.

The second step is to inform the risk. Tell the parties what risks exist during the meeting. For example, the investigation organ may monitor the situation and remind the parties to speak carefully, so as to avoid unnecessary troubles and more adverse consequences.

The third step is to provide adequate legal advice. Make a comprehensive explanation around the accused charges and litigation stages of the parties. It includes substantive and procedural explanations. The substantive explanation includes the constitutive requirements of the crime and relevant provisions. Procedural interpretation includes statute of limitations and rules of evidence. If the interpretation of procedural law and substantive law is not in place, the parties can not defend effectively, which is not conducive to the defense of the case.

The fourth step is to ask about the situation. Understand how the original transcripts of the parties are made, rather than asking the case directly. If the client tells the truth, but fails to explain it clearly in the investigation organ, and then breaks through the confession because of being recorded, the client will blame the lawyer. Therefore, in the investigation stage, lawyers should first ask the parties how to take notes.

The fifth step is comprehensive analysis. Provide detailed legal analysis around the transcripts of the parties, analyze the favorable results and unfavorable situations of the case in place, and speak thoroughly. In this process, the lawyer should check with the client whether there are any recorded excuses and whether there are new excuses.

The sixth step is to propose a legal service plan. Tell them what lawyers should do, what family members should do, what parties themselves should do, how to stick to some favorable plots, and how to explain some unfavorable facts and plots. All these should be explained in place and discussed with all parties until they agree.

The seventh step is to solve other problems. For example, what do the parties have to convey to their families, what are their needs in life, whether the money in the detention center is enough, whether the clothes are enough, whether the company and the family are entrusted, and so on. Lawyers should be patient in asking and listening to these tasks during the meeting, so as to show that the service is in place, caring and meticulous.