How to write the statement of the defendant's attorney?

First, the order of proxy words must be clear.

The agent needs to have a clear understanding of the case and a precise grasp of the focus of the dispute between the two parties in the trial. In order to have a correct understanding of the case. An agent must express himself clearly in his words. Targeted, the center should be prominent. Reasoning needs strength.

Second, the pronunciation of proxy words should be concise and accurate.

Not much to say, but good. Express clearly, do not need emotional lyricism, the judge's decision is based on facts and laws rather than the world, even if the world is not on paper. Law and jurisprudence need not be repeated. You wrote a proxy statement instead of a legal opinion. You are facing a judge who is as proficient in law as you are, not a non-legal person who needs you to popularize the law. Too much legal interpretation will only arouse the judge's disgust, so stop here.

Third, all opinions of proxy words must have factual and legal basis. If it is evidence, it must have been cross-examined in court. You can't take it for granted. According to common sense, it is best not to write words like habits.

For example:

Substitution words

Dear presiding judge and judge,

Entrusted by XXXXX, the defendant in this case, XXXXX Law Firm appointed me as the agent of first instance in the case of the dispute over the sales contract with XXXXX, the plaintiff. According to the evidence of cross-examination and authentication in court and relevant laws and regulations, the following opinions are put forward for adoption by the collegial panel. The agent thinks that the plaintiff's claim is invalid, and its main facts and reasons are as follows:

1. Whether the sales contract is established.

The purchase order clearly stipulates: "If you accept the relevant terms of this order, please reply within three days." In this regard, we believe that:

(1) Order nature. In this case, the nature of the order is an offer.

(2) Whether the ruling is invalid and the legal consequences of invalid ruling. According to this clause, the commitment period of the other party is three days, and the other party has not replied to us within three days. Therefore, the offer in accordance with the law has expired, and the legal consequence is that the sales contract has not been established. Therefore, we believe that the order as the main evidence in this case has expired and the sales contract has not been established.

Second, if the sales contract was established, the defendant did not refuse to accept the goods.

(1) The plaintiff has no evidence of the defendant XXXX.

(2) The defendant has no obligation to notify the plaintiff of the delivery. The two sides have not reached an agreement on the delivery obligation. The delivery method of 3220 pieces of silica gel was delivered to the door by the plaintiff, which was also recognized by the plaintiff during the trial; Before the plaintiff delivered the goods, the defendant did not notify the delivery. Therefore, the defendant felt that there was no obligation to inform the plaintiff of the delivery.

3. If the sales contract is established, after 18 months, the defendant thinks that it is no longer necessary to perform the contract. The defendant was puzzled by the plaintiff's sudden lawsuit.

Accordingly, we urge you to reject the plaintiff's claim according to law.

Authorized Agent: lawyer of XXX Law Firm.

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