First, decide whether to choose a local lawyer or a foreign lawyer according to the case.
1. If the case itself is not complicated, even if all cases plead guilty, it is enough to hire a local lawyer, which is convenient for meeting and saves money.
2. If the case is complicated, especially if the defendant does not plead guilty or there is a major dispute over the nature and circumstances of the case, it is recommended to hire a foreign lawyer. Why do you want a foreign lawyer? Someone has mentioned one of the reasons, because such cases often involve pointing out the problems existing in the process of handling cases by public security and procuratorial organs, and may even overturn the previous stage's identification of the nature and circumstances of the case by public security and procuratorial organs. If the case is finally acquitted by the court, there may be public security and prosecutors to follow up. Local lawyers, who work and live in the local area all the year round, are certainly not as serious and reckless as foreign lawyers on this issue for practical reasons.
Another reason I want to talk about is that there are only one or two law firms in grass-roots counties, and the number of lawyers is quite limited. For example, there is only one law firm and only two or three lawyers in the county where the respondent is located. Plus the county nominally foreign law firm is more than a dozen people. I remember reading an internal document of Zongzhi, saying that the number of lawyers in each place should account for one tenth of the total number of local people. For example, there are 320,000 respondents in the county, and the number of lawyers should be 32. However, the actual number of lawyers is less than one-third of the required number. To a certain extent, lawyers are often in short supply at the grassroots level.
In this way, just like the doctors we see in rural hospitals and health centers at the grassroots level, these doctors are all general practitioners, and any patient who enters the door should show him. The patient has no extra choice. As a doctor, no doctor will say that I won't see this disease. Please find another doctor. So do lawyers. In the grass-roots counties and districts, due to the limited resources of lawyers, business is also very good. They are like rural doctors, most of whom are general practitioners and are open to customers. What's more, there is no special law firm to deal with a certain kind of cases, and there is no professional lawyer to deal with a certain kind of cases. So whether it's a criminal case, a civil case or an administrative case, when you go to a local lawyer, it's nothing more than these people fooling around. Whether it is a general practitioner major or a specialist hospital major, everyone has an account in mind.
A: I was the chief administrative officer for several years more than ten years ago, and then I was in charge of the administrative court for several years. Originally, the proportion of such cases in the total number of cases in China was not high, and several administrative litigation cases in grass-roots courts a year were rare. However, administrative litigation cases do have different case characteristics from other lawsuits. Judges themselves study while handling cases, but some local lawyers still dare to take orders because they are at a loss about administrative cases. So, at that time, there will be lawyers who have finished writing the complaint, and some people will ask the Lord if he can do it (but now he will ignore the answer).
For another example, when trying some criminal cases of environmental capital accepted by the environmental capital court, the procuratorial organs often file incidental civil public interest litigation at the same time, demanding that the defendant not only accept criminal punishment, but also make incidental compensation for the losses caused to the environment and take corresponding measures to repair the environment. Incidental civil public interest litigation cases like this are new things that have developed slowly in the past year or two. Most of the "two in one" or "three in one" environmental protection courts in China have just been established. The grass-roots courts themselves are in the process of gradually exploring the trial of such cases, and there is no experience to be found, especially the identification of environmental losses and the ways of environmental restoration are difficult points in the trial. "If the skin doesn't exist, how can the hair be attached?" Local grassroots lawyers can handle several such cases, not to mention their ability to handle such cases.
Foreign lawyers, due to fierce market competition, have high requirements for their professional quality. The lawyer market is refined according to the nature of the case, and their knowledge is generally higher than that of local lawyers at the grassroots level. There is a famous saying in the legal profession that "first-class lawyers engage in securities, second-class lawyers engage in finance, and third-class lawyers engage in crime". Recently, it is said that some busybodies added "four-level lawyers engage in labor (disputes)" Although this is only a joke in the field of lawyers, it reflects the true portrayal of the professional differentiation of foreign lawyers (referring to cities above the grassroots level) from another side. Generally speaking, foreign lawyers, especially professional lawyers, are superior to local general practitioners.
3. If you don't know whether the case itself is simple or complicated, you can find a local lawyer to intervene in the early stage. If the local lawyer gets a complicated case after the meeting, he can invite another foreign lawyer, and the local lawyer and the foreign lawyer will unite to give full play to their respective specialties and handle the case well.
Answer: The master has a classic case. The case is as follows: 12 Late at night in June, Yu Moumou, a civil servant of a law enforcement unit in a prefecture-level city, drove and crushed an unknown man lying on the road to death. The procuratorate accused Yu of committing traffic accidents (drunk driving) and accepting bribes, and Hu Moumou (the squadron leader in charge of this traffic police accident) committed the crime of bending the law for selfish ends.
The main controversy in this case is that the public security organ determined that Yu Moumou was drunk driving and was mainly responsible for the accident according to the judicial appraisal of an appraisal institute in a prefecture-level city. Yu Moumou believes that there is insufficient evidence of drunkenness and bears the main responsibility for traffic accidents. In other words, Yu Moumou thinks that he does not constitute a traffic accident crime. Yu Moumou has been in criminal detention since March 20 14, 15. If Yu Moumou is found innocent in future trials, the procuratorial organs will face the result of state compensation, and may even hold the public security and procuratorial organs responsible for handling cases.
20 14, 10 in June, due to the complexity of the case, the higher court appointed our hospital (which has crossed the jurisdiction of prefecture-level cities) to hear the case. The court hearing this case still needs to be appointed to our hospital across prefecture-level cities (the purpose is to eliminate interference and make a fair trial), and the difficulty of the trial can be imagined. Naturally, it is difficult for local lawyers to do much. In this case, Yu's relatives adopted a combination of local (a prefecture-level city) lawyers and foreign lawyers (a law firm in Nanchang).
Lawyers from the two places joined forces to question a judicial appraisal of drunk driving: First, although the appraisal business scope specified in the judicial appraisal license of a judicial appraisal institute includes "forensic poison appraisal", there was no "forensic poison appraisal" in the appraisal business scope specified in the national register of judicial appraisers and judicial appraisal institutions in May 20 12. According to Article 9 of the National People's Congress Standing Committee (NPCSC)'s Decision on the Administration of Judicial Appraisal, appraisers and appraisal institutions shall engage in judicial appraisal business within the business scope indicated in the roster of appraisers and appraisal institutions, an appraisal institution does not have appraisal qualification; Second, according to the national standard "Threshold and Test of Alcohol Content in Blood and Breath of Motor Vehicle Drivers in People's Republic of China (PRC)", headspace gas chromatography should be used for inspection, while colorimetry should be used for identification, and its identification method does not meet the national mandatory standards.
With regard to the judgment of the appraisal qualification of a judicial appraisal firm, most lawyers will first review the business scope stated in the license of the appraisal firm as long as it involves the contents of judicial appraisal. More detailed lawyers will further investigate whether this judicial expertise office is on the list of national judicial expertise personnel and judicial expertise institutions. If you are not on this list, you can generally judge that you are not qualified for appraisal. However, it is the first time to hear lawyers point out the illegality of judicial expertise, whether it is the answer to the Lord, the judge handling the case in our court or our local traffic police who came to attend the trial of the case. The depth and professionalism of these two lawyers left a deep impression on the defendant.
This method is also worth learning by lawyers in national courts. This is really an unexpected method. Our grass-roots courts hear many such cases every year, but it is the first time that lawyers question the identification method of drunk driving. When local judges first came into contact, local lawyers were even more unexpected.
In addition, the two lawyers also had a wonderful discussion on whether Yu Moumou should bear the main responsibility in the traffic accident (not detailed here). In the final trial of this case, the court adopted the views of these two lawyers and denied the appraisal of the judicial appraisal firm. At the same time, it is also believed that Yu Moumou should not bear the main responsibility in traffic accidents and does not constitute a traffic accident crime. The defendant Yu Moumou in this case was finally found guilty of accepting bribes and was exempted from criminal punishment.
After the case came into effect, the judicial authentication institution of a prefecture-level city in this paper also standardized the inspection method of drunk driving case authentication.
Second, according to their own economic conditions, they also choose to hire local lawyers or foreign lawyers. Needless to say, if the money is not bad, try to hire a combination of local lawyers and foreign lawyers. It's no use saying anything if economic conditions don't allow it.
Third, there is another point that is not necessarily correct. It is also worth noting in hiring lawyers. Those who switch from courts and procuratorates to lawyers will have wider contacts in the industry. It is easier to communicate at the door of the case-handling unit, and it also has certain advantages to establish a trust relationship with the case-handling personnel. Of course, this is about things outside the lawyer's own business