Whether it is a criminal case or a civil case, it is necessary to find out the facts through a court session and let the court make an objective and fair judgment.
Second, receive the parties.
A lawyer spends most of his time receiving clients, which is also the basis for a lawyer to win a lawsuit, so receiving clients is very important for a lawyer.
Before receiving the client, it is necessary to have a preliminary understanding of its basic legal issues. Lawyers should prepare relevant materials in a targeted manner, such as detailed legal provisions and precedents. If the client is confirmed, they should also prepare agency procedures. Explaining the legal problems of the parties in detail in the reception requires a high level of lawyers. If some problems are unknown to lawyers and the results are serious, the case may be gone.
Third, investigate and collect evidence.
Investigation and evidence collection is the basic work of lawyers. For cases that need investigation and evidence collection, lawyers need to prepare relevant investigation procedures, determine the object of investigation and arrange time for investigation.
For units that do not welcome lawyers to investigate and collect evidence, they must also apply to the court for an investigation order, so as to ensure that valuable evidence materials can be obtained.
Fourth, communicate with the case-handling unit.
Communication with the court.
It is usually more convenient to file a case now, thanks to the registration system. However, some court filing personnel are unprofessional or catch up with the number of cases filed by the court at the end of the year, which will also lead to difficulties in filing cases. For example, in private lending cases, whether the plaintiff's location has jurisdiction. Although "Civil Procedure Law" and "Judicial Interpretation of Civil Procedure Law" have clarified this issue, and the party receiving the money has jurisdiction, in practice, someone will file a case with the defendant, thus increasing the plaintiff's cause of action.
In this case, lawyers need to fully communicate with the case-filing personnel, which is not only stipulated by law, but also a precedent of our hospital. Really can't. I need to talk to the president of the filing court. Previously, a consulting client refused to file a case in his habitual residence and went to the defendant's place to file a case. Finally, the court of first instance ruled that the plaintiff lost the case, but fortunately, the second instance won. There may be no need to file a case with the plaintiff.
After filing a case, it is the first step. The next step is to communicate with the court in time, ask the responsible judge, and submit the application of the witness to testify in court. Some evidence lawyers can't get, so they need to apply to the court. If the courts have conflicts in arranging a hearing, they need to communicate whether they can arrange another hearing. Most judges are good and understand the work of lawyers. Some situations need to be preserved. If you want to apply for preservation, you need to provide guarantee.
In criminal cases, if it is necessary to apply for the exclusion of illegal evidence and submit the application and clues in time, lawyers generally need to state the necessity of exclusion with the judge face to face.