What are the risk prevention tips given by lawyers to customers about the Spring Festival?

Risk of being a civil litigation lawyer: 1, risk of losing the case. There is a risk of losing the case, whether it is because the evidence of the case itself is insufficient, or the trial itself is not well prepared, or even because others have bribed the judiciary. In this case, what you lose is the trust of the parties and the possible new source of the case. If you lose a case that looks easy or has a high probability of winning, it is likely to dampen your self-confidence. In addition, losing the case will definitely directly affect the income. . . . 2. Lawyer risk in civil compensation. Article 49 of the Lawyers Law stipulates that if a lawyer practices illegally or causes losses to his client due to his fault, his law firm shall be liable for compensation. After making compensation, a law firm may claim compensation from a lawyer who has committed intentional or gross negligence. Lawyers and law firms shall not be exempted or restricted from civil liability for losses caused to the parties due to illegal practice or fault; In the process of litigation and non-litigation business, due to the lawyer's own fault behavior or the complexity of the case itself, the lawyer's interests are damaged or his demands are not satisfied, mainly as follows: (1) compensation for losses caused by dereliction of duty. (2) Misunderstanding of legal issues leads to mistakes. (3) Low degree of specialization leads to risks. Such as revealing business secrets, losing important evidence, improper litigation request, wrong proof, exceeding the authority of our country, delaying the litigation period, making wrong judgment on the nature of the case (cause of action), providing improper or wrong legal advice to enterprises, etc. , the parties can ask the lawyer to refund the China fees and compensate for the losses. For example, a lawyer in Shenzhen wrote "Shenzhen Industrial Company" as "Shenzhen Industrial Company" because the defendant "Shenzhen Branch" did not repay the project payment, which led to the statute of limitations expired and the debt of 6.5438+million yuan could not be recovered, and the court ordered him to compensate for the loss of 6.5438+million yuan and refund the lawyer's fee. It can be said that the compensation risk of lawyers in civil cases is the most complicated and difficult to predict. . . 3. Personal safety risks. Lawyers may have physical conflicts with clients or opponents with poor quality. Ma, the director of Shanxi Linfen Law Firm, came from China, and the other party actually gouged out Ma's eyes with his hands. The horse suddenly spurted blood from his eyes and his right eye came out. When Jize County Law Firm of Hebei Province acted as a lawyer to handle an economic dispute case in Hunan, it was kidnapped and taken hostage by the director of Lian Meng Village Fireworks Factory in Wangfang Township, Liling City, Hunan Province, and was subjected to inhuman torture. It took 120 days to be rescued. -Avoidance of lawyers' risks in civil and commercial matters. 1, case review. Lawyers and law firms should evaluate and judge the possibility, possible risks and basic risk avoidance measures of the business to be accepted after acceptance before accepting the business, and exclude those cases that are prone to risks and the risk avoidance measures are difficult to implement. 2. Fully inform the risks. In judicial practice, many disputes between lawyers and clients are due to the failure to fully and timely inform the clients of the nature and legal consequences of the business entrusted by them in the process of accepting cases and handling business, or to inform the clients without relevant evidence. In view of this situation, lawyers must fully, promptly and in writing inform clients of the nature and legal consequences of related matters in the process of handling business, so that clients can sign the risk notice and collect fees. 3. avoid recording. Avoid inappropriate words being recorded. 4. Try not to accept the customer's evidence or the original legal documents. The loss of client's evidence or legal documents by lawyers in the process of handling civil and commercial business not only seriously violates lawyers' professional ethics and practice discipline, but also is the main inducement for clients to suffer heavy economic losses and one of the main reasons for lawyers' practice risks. As long as lawyers adhere to the principle that all the originals of evidence and legal documents are kept by customers when handling business, they can completely avoid the practice risks caused by the loss of evidence or legal documents. 5. Collective analysis and discussion. Lawyers should make use of collective wisdom, brainstorm, analyze and discuss problems that are difficult to grasp or deal with, and propose solutions to possible risks. Such an operation can not only avoid the compensation risk caused by the limitation of lawyers' professional level to a great extent, but also provide ideas and measures for the law firm to calmly face disputes in the future. 6. When disposing of the principal's substantive or important procedural rights, even with the special authorization of the parties, it should be implemented by the principal himself as far as possible, such as adding, changing, bringing a lawsuit, signing a mediation and settlement agreement, withdrawing the lawsuit, etc. 7. Try not to collect legal documents. Try not to sign and receive legal documents such as complaints, judgments and mediation books on behalf of the parties. If it is necessary to sign and receive legal documents on behalf of the parties, it shall be signed and filed by the parties. 8. Strictly review the lawyer's testimony and conclusive legal opinions. Therefore, it is an important means to avoid risks by holding such a conclusive legal opinion and auditing it within the law firm. The advantage of this is that it not only effectively controls risks in the bud, but also reflects the firm's absolute responsibility to customers. 9. Strengthen file management. The most important basis for determining whether a lawyer meets the requirements of diligence is to handle business files. The risk of lawyer's practice mostly occurs after the case is closed. How to judge whether there is fault in lawyer's work and how much fault responsibility should be borne is the most important basis. Therefore, in order to avoid risks, we must strengthen the management and production level of lawyers' business files and preserve them for a long time. -Avoidance of personal safety risks of lawyers: 1. It is best to have two colleagues on a business trip, who can take care of each other and try to stay away from illegal activities. 2. Pay attention to the wording in court, don't irritate the other party and the people in court, and don't make personal attacks; When dealing with people in court, the lower the position, the more respect you should have. The devil is easy to deal with, the child is difficult to deal with.