Criminal defense lawyers should attach importance to lawyers' professional risks and their prevention, strictly abide by professional norms, strengthen quality management, prevent or reduce possible mistakes in handling cases, strictly abide by lawyers' professional ethics and practice discipline, and develop good professional ethics and practice habits.
Legal objectivity:
Lawyer's practice in handling criminal cases is very risky. The risk of criminal defense and agency business can make a famous barrister a prisoner and an excellent criminal lawyer have his practice license revoked. However, lawyers handling cases will stand on the cusp of violating professional ethics or practice discipline, will be complained by the parties, will be punished by lawyers, and will be compensated for their professional mistakes. Therefore, if criminal lawyers want to avoid putting themselves in an unbearable position, they must pay attention to the practice risk prevention of criminal defense and agency business. In addition to general risks such as traffic accidents and personal accidents, the professional risks of lawyers in handling criminal cases mainly come from several aspects. First, the risks brought by lawyers' irregular practice; second, the risks brought by the parties and their families to lawyers handling criminal cases; third, the risks brought by the opposing parties and their families; and finally, the risks brought by criminal investigation, procuratorial organs and their staff to criminal lawyers. 1. Lawyers should pay attention to avoid the risks brought by their irregular practice. 1. Lawyers should be lawyers, not non-lawyers, and agents ad litem should participate in litigation activities. On September 18, 2009, the Higher People's Court of Henan Province and the Department of Justice of Henan Province jointly issued Gao Yu Law No.2009426 "Provisions on Standardizing Lawyers' Status as Defenders", the first of which stipulates: practicing lawyers. If a lawyer himself is a close relative or legal agent or guardian of a party to a case, he may act as a defender or agent ad litem as a citizen in accordance with legal conditions and procedures. Paragraph 2 of Article 2 stipulates that if a people's court finds a practicing lawyer as a defender or agent ad litem in a non-lawyer capacity, it shall refuse him to participate in litigation activities and promptly notify the lawyer management department of the judicial administrative organ at the same level. 2 major, difficult and sensitive cases should be asked, reported and properly handled. In the process of handling major, difficult and sensitive criminal cases, lawyers should ask for instructions and report to the judicial administrative organ or the bar association in time. It is necessary to submit the case to our firm for collective discussion, give full play to the collective wisdom of law firms, grasp the core of the case, effectively avoid or reduce possible mistakes and reduce the risk of practice. 3. Lawyers in criminal cases should not engage in "risk agency". Lawyers are not allowed to sign risk service contracts when handling criminal cases, and lawyers are prohibited from engaging in "risk agency" or "risk charging". 4. Lawyers don't accept entrustment privately, and don't charge fees privately or illegally. According to the laws and regulations on the management of lawyers' fees and the Provisions on the Charging Procedures of Law Firms, the undertaking lawyers shall not charge the clients for travel expenses in different places without permission. Where a law firm collects fees for lawyer services from clients, it shall issue legal bills to clients in time. Lawyers are prohibited from collecting fees privately and issuing receipts in their own names. Lawyers shall not violate the provisions on the management of lawyers' service fees or the stipulations in the fee contract, engage in vicious competition, drive down prices, ask exorbitant prices, or ask clients for fees or property beyond the provisions. A lawyer should not defend more than two co-defendants. Article 35 of the Supreme People's Court's Interpretation on Several Issues Concerning the Implementation of the Criminal Procedure Law of People's Republic of China (PRC) stipulates: "A defendant may not entrust more than two defenders. In a joint crime case, a defender may not defend more than two co-defendants. " Second, lawyers should pay attention to avoiding the practice risks from the parties and their families. A lawyer should not promise the client the result of the case. There are many factors that determine the final outcome of the case. As far as the case itself is concerned, the decisive factors are the evidence and the case. For lawyers, the lawyer's understanding of the case, the choice of the starting point of the case, the grasp of the nature of the case and the litigation skills all play a key role in the outcome of the case. For the parties, whether they can truthfully state the case, whether they can provide evidence objectively and comprehensively, and whether they can communicate and cooperate well with their lawyers also has a great influence on the success or failure of the case. For judges, whether they are relatively proficient in business, whether they can handle cases independently and whether they can be impartial has a fundamental impact on the outcome of the case. We know that the outcome of a case, whether it is criminal defense or agency, is not decided by lawyers, who can only try their best to safeguard the legitimate rights and interests of the parties. The lawyer's job is to use his professional knowledge, skills and relevant evidence materials to persuade the neutral referee to make a favorable judgment as much as possible. Lawyers' professional ethics and practice discipline do not allow lawyers to cover all lawsuits. Lawyers can only predict and estimate the outcome of the case according to their own experience and evidence materials. After all, there are many factors that affect the outcome of the case. If one factor changes, the whole conclusion may be completely different. Of course, experienced and high-level lawyers often have higher prediction accuracy. In the process of handling defense or agency affairs, lawyers cannot accept various forms of illegal or improper requests from clients. Lawyers should cherish their reputation and should not irresponsibly assert victory or defeat in order to undertake cases. Once the result backfires, the parties will complain, and some will even demand compensation for losses, so that lawyers will suffer both reputational losses and economic losses. 2. If a lawyer acts as an agent in criminal proceedings, he shall protect the legitimate rights and interests of the client within the scope of authorization. Lawyers are not allowed to represent beyond the scope of authorization, which is particularly noteworthy in criminal agency. Without the written consent of the client, the scope of the litigation request shall not be changed, and no activities unrelated to legal affairs shall be engaged. Lawyers should seek the opinions of their clients as much as possible when exercising their power of attorney. Even if a special authorization is obtained, the opinions of the client should be sought as far as possible when the major interests and matters of the client are involved, and recorded in writing. 3. When a lawyer acts as the agent ad litem of the victim and the agent of the plaintiff in an incidental civil action, he shall safeguard the criminal rights and civil rights of the parties at the same time. In the work of criminal case agency, the work of lawyers and defenders is basically the same, and they all have to go through.