1. What legal requirements should lawyers meet?
1, meeting time. In the investigation stage, the time for a criminal suspect to hire a lawyer is advanced from "after the first interrogation" in Article 34 of the current Criminal Procedure Law to "from the day of the first interrogation", and the criminal procedure law also cancels the restriction that a criminal suspect involved in a case involving state secrets must obtain the consent of the investigation organ before hiring a lawyer. Completely absorbed the rules of the lawyer law.
2. Meeting procedures. The new Criminal Procedure Law has absorbed Article 33 of the Lawyers Law, which stipulates that "a lawyer can meet a lawyer with a lawyer's practice certificate, a certificate from a law firm, a power of attorney or a letter of legal aid" (three certificates).
3. Meeting procedures. The provision that lawyers are not monitored when meeting criminal suspects and defendants cancels the provision that the current criminal procedure law can send personnel to be present when meeting with the investigation organ at the investigation stage according to the situation. For general cases, the lawyer's meeting is directly put forward to the detention center, which needs to be arranged within 48 hours at the latest. In practice, this provision definitely solves the problem that lawyers must be arranged by the case-handling organ during the investigation stage, but the 48-hour grace period in the detention center may bring new problems in practice. Once "forty-eight hours" becomes the norm, it will directly affect the overall meeting function of the three stages of investigation, review, prosecution and trial.
4. The scale of the meeting. Different from the Lawyers Law, the new Criminal Procedure Law cancels the restriction that lawyers should be approved by the investigation organ in the investigation stage, but increases the restriction that "defense lawyers should be approved by the investigation organ when meeting detainees in cases of violating national security, terrorist activities and particularly serious bribery". Therefore, in fact, compared with the current Criminal Procedure Law and Lawyers Law, the scale of lawyers meeting with detainees during investigation has expanded. That is, the lawyer's right to meet is obviously less than the current legal provisions.
5. Lawyers will not be monitored when meeting illegal suspects.
Second, the lawyer's proceedings
1, understand the case and collect evidence. Litigation focuses on evidence. After accepting the entrustment, lawyers should first understand the case comprehensively and carefully and collect relevant evidence. The scope of evidence collection includes evidence that can prove the correctness of prosecution or defense; Evidence that can prove that the other party's prosecution or defense distorts the facts, and other evidence related to the handling of the case.
2. Review of competence and jurisdiction, and review of restrictions. Whether filing a lawsuit or responding to a lawsuit, a lawyer should review the supervisor and jurisdiction from the following aspects:
(1) Whether the case falls within the scope of court acceptance;
(2) Arbitration clause, written arbitration agreement and its effect;
(3) Jurisdiction clauses and their effects;
(4) Whether it belongs to exclusive jurisdiction;
(5) Whether it belongs to special regional jurisdiction.
In addition, lawyers should also review the statute of limitations of the case to find out whether the statute of limitations has passed, and whether the statute of limitations has been interrupted, suspended or extended.
3. Prepare litigation materials. On the basis of fully grasping the case and collecting evidence, a lawyer may write a complaint or a defense.
A civil complaint is a legal document in which the plaintiff in a civil case states to the court the fact that his legal rights and interests have been infringed, clarifies the reasons for prosecution, and puts forward a lawsuit request.
Civil defense is a legal document that the defendant in a civil case answers and refutes the facts and reasons on which the plaintiff made a request in the lawsuit within the statutory time limit after receiving the copy of the plaintiff's complaint. Its purpose is to refute the other party's incorrect and illegal prosecution and defend its own behavior.
In addition, lawyers should also write proxy words in order to fully represent themselves in the court debate stage and refute the other party's claims.
It can be seen that the law of our country has clear provisions on lawyer meeting. The lawyer shall meet with the lawyer's practice certificate, the certificate of law firm, the power of attorney or the official letter of legal aid, and the meeting time arranged by the detention center shall not exceed 48 hours.