1. Fact sorting
(1) Understand the real claims and potential needs of the parties, conduct a preliminary analysis of the case and give preliminary suggestions; (demonstrate professional ability and professional image)
(2) After accepting the entrustment, conduct comprehensive communication with the customer, review relevant information, and prepare detailed working papers. It should be noted that copies of the evidentiary materials provided by the parties should be kept and the originals should be returned to the parties;
(3) Organize the case agency ideas and prepare a list of supplementary questions and supplementary materials for the parties to respond in writing;< /p>
(4) Organize and classify the materials provided by the parties, especially materials that are crucial to the handling of the case but cannot be provided by the parties and require lawyers to investigate and collect evidence;
(5) Preliminary Determine legal facts and facts to be proved.
2. Legal perspective.
(1) Determine the nature of the legal relationship, select the cause of action (strengthen case search and study), and determine the litigation claims (consider whether the request itself is clear and clear, and whether the factual basis and legal basis are sufficient and reliable);
(2) Respond to/defend the other party’s requests one by one, and consider whether it is necessary to file a counterclaim and add a third party;
(3) The core laws surrounding the focus of the dispute in this case Issues, sort out and test the legal basis, case experience and legal support;
(4) We must attach great importance to preservation and update issues, and do a good job of reminding the parties.
3. Expectation of the other party’s point of view
(1) Predict the legal norms that the other party may cite, (it is recommended to study a large number of judgments in similar cases), views on important facts, and evidence opinion;
(2) Analyze the proving purpose of the opposing party’s submission of contrary evidence and core evidence.
4. Summary of core disputes in the case
(1) Do not omit potential disputes; grasp and determine the competitive nature of the core dispute focus;
(2) Sufficiently Understand the materials that are unfavorable to us and identify flaws in their formation, form, content, time and consistency with other evidence;
(3) Distinguish between disputed facts and undisputed facts , form, streamline, revise and test the list of dispute points.
2. Trial preparation stage
1. Arrangement of evidence
(1) Systematically organize the main prosecution evidence or the defendant’s pre-trial defense evidence;
< p>(2) Anticipate the confrontational claims and opinions that the other party may put forward, and organize rebuttal and supplementary evidence;(3) Collate other evidence that may affect the judge’s evaluation;
(4) The legality of the form of evidence prepared before the trial (check the original evidence one week before the trial, and complete the evidence translation or notarization and certification procedures one month before the trial).
(5) Submit evidence to the court within the time limit for producing evidence, and at the same time prepare an evidence catalog and indicate the source and content of the evidence.
2. Preparation of the pilot plan
(1) Comprehensively summarize and sort out the main disputes involved in the case (including factual disputes and legal disputes);
(2) Conduct a thorough legal search (relevant cases and judge opinions) and excerpt.
Organize; (pay attention to the legal provisions claimed by your own side and their applicable exceptions)
(3) Before the trial, focus on the authenticity, legality and relevance of the evidence, and review the evidence Issue cross-examination opinions on the content and facts to be proved; (the cross-examination opinions can be copied to the judge and the clerk)
(4) For the disputed facts, prepare in advance a number of questions to be raised in court and submit them to Ask the other party questions;
(5) Draft preliminary representation/defense opinions as an outline for the debate opinions when the court opens;
(6) Ask the parties before the trial whether they are willing to mediate (the parties My signature + attorney’s signature).
3. Communication with the parties
(1) One week before the trial, fully communicate the trial strategy with the parties, sort out the facts of the case, check the original evidence, and relieve the tension of the parties in court. ;
(2) Counsel the parties in court and carefully confirm relevant facts;
4. Prepare other court materials
(1) Original and stamped lawyer certificate Official letter with the official seal of the law firm;
(2) If the parties or their witnesses appear in court or attend the hearing, they must be informed in advance to bring their original ID cards.