The scope of investigation and evidence collection by lawyers includes:
1. Evidence investigation. According to the principle of "who advocates and gives evidence" in the Civil Procedure Law and Several Provisions on Evidence in Civil Procedure, we accept the entrustment of the parties in civil cases to investigate and collect relevant litigation and non-litigation evidence in a planned way.
2. Intellectual property investigation. Investigate and deal with cases of infringement of trademark rights, patents, copyrights, trade secrets and other intellectual property rights. Assist in finding out the source of pirated books, audio-visual products and software, investigate the production dens of fake and shoddy products, obtain corresponding evidence, crack down on fake and shoddy products and protect intellectual property rights.
3. Investigate the whereabouts of the property of the person subjected to execution.
4. Enterprise credit survey. Business reputation investigation, bad record search, partnership background, operating status, financial status, product information, business credit investigation, field investigation to prevent business fraud (including business infringement investigation, contract fraud investigation and performance ability investigation).
5. Personal credit survey. Personal banking (growth experience, family situation, personal hobbies, etc. ) and personal assets credit survey. In-depth field survey of employment qualifications: education survey, personal reputation survey, personal qualification survey and employee loyalty survey.
6. Anti-unfair competition investigation. Investigate and collect evidence of all infringements such as counterfeit goods, false advertisements, slander and commercial fraud.
7. Investigation on real estate property right and use.
8. Investigation on marital infidelity. According to the principle of "fault compensation" in the Marriage Law, the client is entrusted to collect evidence of marital infidelity and the whereabouts of property.
9. Specific investigation. According to the needs of the client, conduct legal investigation on specific affairs.
What are the advantages of lawyers' investigation and evidence collection?
Lawyers' investigation and evidence collection is conducive to the balance of prosecution and defense functions. In modern criminal proceedings, lawyers participate in litigation mainly to ensure the balance of litigation status between the prosecution and the defense. Lawyers stand on the defendant's side and show their strength against prosecutors in court. The evidence obtained by lawyers that has practical influence on the defendant's conviction and sentencing is an important weight to achieve the balance between prosecution and defense;
Finally, it is conducive to enhancing the comprehensiveness and authenticity of the collected evidence. Although the law requires the procuratorial organ to collect both evidence favorable to the defendant and evidence unfavorable to the defendant, in more cases, the prosecutor is concerned about whether the accusation is successful, and it is easy to ignore the collection of evidence favorable to the defendant. At this time, lawyers need to collect these evidences through the process of exercising the right to investigate and collect evidence. At the same time, the investigation activities of defense lawyers can play a supervisory role in the collection of evidence by judicial organs. Avoid illegal evidence from entering court proceedings and being accepted as judgment evidence.
The above is about whether lawyers have the right to investigate and collect evidence. Lawyers have the right to investigate and collect evidence, but they need to show their lawyer's practice certificate and law firm's certificate in the process of investigation and collection.
Legal basis:
Article 35 of the Lawyers Law stipulates: "An entrusted lawyer may, according to the needs of the case, apply to the people's procuratorate or the people's court for collecting and obtaining evidence or to the people's court for notifying witnesses to testify in court. If a lawyer investigates and collects evidence by himself, he may, with the lawyer's practice certificate and the certificate of the law firm, investigate the situation related to undertaking legal affairs with the relevant units or individuals.