There are four major risks in the practice of an honest lawyer: first, retaliation by judicial organs and government organs; Second, the entanglement threat of evil forces in Jianghu; Third, the anger or revenge of the parties; Fourth, the risks arising from mistakes or negligence in work, of which the first two risks are the greatest.
First, the risks brought by the provisions of Article 306 of the Criminal Law to lawyers' practice.
Article 306 of China's Criminal Law stipulates: "In criminal proceedings, defenders and agents ad litem who destroy or falsify evidence, help the parties to destroy or falsify evidence, threaten or induce witnesses to change their testimony or commit perjury shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; If the circumstances are serious, they shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years. "
Lawyers should not only pay attention to good working relations with public security organs, but also pay attention to methods. Dare to play Tai Chi, and fight with them for things that are deliberately delayed or maliciously difficult, so that they know that lawyers are not easy to mess with, and they should not beat about the bush.
Second, Jianghu risks.
As a lawyer, it is inevitable to deal with heretical society. Jianghu society has existed since ancient times, and the mainstream society pays little attention to and studies this group except rejecting, despising and suppressing it. In fact, the influence of this group of people is everywhere. They are living in a completely opposite way to the mainstream society. If they are provoked, they will be in trouble.
The experience of this group of people is: keep a respectful distance from others, get close to others, treat inevitable contacts and exchanges with courtesy and give necessary respect. This group of people need the respect from the mainstream society most. Apart from handling formal cases, if you have any legal advice, you will tell them by chatting instead of giving them a formal answer, and you will never participate in their affairs.
3. Revenge or anger of the client or the party concerned.
In practice, a lawyer must properly handle the relationship with the client and the other party, and be good at resolving the complaints and hatred of the parties. The simplest way is to put forward your own views and opinions on the case in the form of a request, and make full use of the authority of the judicial organs to resolve these risks. The elegant demeanor and knowledgeable demeanor of lawyers are the best way to resolve these risks, and it is forbidden to make things difficult maliciously, say nothing and do nothing in the process of practicing or handling cases; Don't brag everywhere, or you may be killed.
4. Risks caused by gross negligence or mistakes in lawyer's practice.
Because there is no uniform standard for lawyers' work, lawyers' mistakes and faults often become unclear. This also leads to the possibility of being wronged by the client even if the lawyer has no mistakes. In addition, the standards between lawyers are different, and clients often use the standards of another lawyer to measure their lawyers.
Judging from the results of the entity alone, it is difficult to have a unified standard for the evaluation of lawyers' work. The easiest way for lawyers to avoid or reduce similar risks is to standardize their own handling procedures and processes. In practice, lawyers' mistakes are often first manifested in procedures or forms. Substantial mistakes are often marginal mistakes, qualitative mistakes or legal mistakes, which are completely caused by lawyers' lack of professional standards and practical work experience, and can only be made up and improved through hard study.