The difference between a defense and a lawyer's words. Civil litigation lawyers who often handle cases often encounter the problem of whether the written defense is consistent with the lawyer's words when representing the defendant. Is there any difference between the content of the defense and the content of the power of attorney? Wait for questions. Some lawyers believe that defense is the abbreviation of proxy, and defense and proxy are the same thing. When lawyers participate in court debates, they often hear the presiding judge say: the defendant insists on the defense's argument. Some lawyers replied that the arguments were the same as those of the defense, and some lawyers replied that they would add some arguments. So, are the contents of the defense and the proxy words the same? The answer is no.
First of all, the definitions of the two are different.
Civil defense refers to the documents that the defendant and the appellee defend and defend on the facts and reasons of prosecution or the request and reasons of appeal. It is a document corresponding to civil indictment and civil appeal. Including two situations: first, after the plaintiff sued the people's court of first instance, the defendant filed a defense against the civil complaint; Second, after the case was tried by the people's court of first instance, one party refused to accept it and appealed, and the appellee pleaded against the appeal.
The term "agency" as mentioned in these Measures refers to the comprehensive agency opinions published in the name of the client or submitted to the court after the trial in order to safeguard the legitimate rights and interests of the party represented by the plaintiff and the defendant in civil litigation cases within the scope of agency authority.
It is not difficult to see from their definitions that the content of defense is obviously different from that of proxy.
Secondly, the contents of the two are different.
From the definition of civil defense and proxy, the content of defense is aimed at the content of plaintiff's complaint or appellant's appeal, as well as the opinions of consent or rebuttal put forward by defendant or appellee. The content of proxy words is to put forward comprehensive and comprehensive opinions on the viewpoints expounded in the whole case of first instance or second instance, and refute the opinions of plaintiff or appellant, including the contents of defense.
Third, the relationship between the two is the relationship between tolerance and being tolerated.
The content of proxy words includes the content of defense. The content of the defense is not the whole content of the proxy, but only a part.
Through the elaboration of the above contents, lawyers should pay attention to the difference between writing a defense and an agent's word when writing a defense or an appellee's civil lawsuit. You can't substitute the content of defense for the content of proxy words.
Matters needing attention in defense of second instance 1. In the civil defense of first instance, the facts and reasons stated by the plaintiff in the civil complaint shall be emphatically stated.
If there are obvious errors in the content of the complaint, you can directly point out and refute it; If there are no obvious mistakes, you can argue according to the defendant's point of view.
2, the production of civil second instance defense, the content should be comprehensive.
Because the appellant's appeal is not only against the appellee, but also against the judgment of the first instance, in the second instance, it is necessary not only to refute and defend the facts and reasons put forward by the appellant, but also to make appropriate responses to whether the procedure of the judgment of the first instance is legal, whether the facts ascertained are clear and accurate, and whether the accepted evidence meets the requirements of the evidence rules.
3. Rules for writing defense
No matter whether it is the defense of the first instance or the defense of the second instance, the content should be concise, not long-winded, not personal attacks against the plaintiff or appellant and their agents, and never influenced by the client and emotional. Sometimes, due to the short time of accepting entrustment and insufficient preparation time, it may lead to a passive situation of being unfamiliar with the facts of the case or unclear. In this case, the content of the defense can focus on minor aspects that do not involve the facts of the case, such as whether the subject of the lawsuit is qualified, whether the jurisdiction conforms to the law, whether the litigation request or appeal request is legal and reasonable, etc., so as to avoid admitting that the facts are involved in a hurry under unknown circumstances.
4. Submit the defense on time.
In the practice of lawyers, some lawyers often advocate not to submit the defense during the defense period, so as to avoid the other party finding out the client's card in advance, and then rearranging the evidence or changing the litigation strategy. In my opinion, this practice can achieve unexpected results to some extent, but it not only violates the principle of good faith, but also devalues the image of lawyers to some extent and distorts the role of litigation in solving disputes between equal civil subjects, which should not be advocated.
When defending, the most important thing is the accuracy of the content. There can be no big mistakes. Maybe small mistakes can be demonstrated, but big mistakes can't. This is also the place that lawyers often pay attention to. For legal knowledge, please contact lawyer 365 online lawyer in time, so that we can provide you with professional legal services and help you win more benefits.