How do lawyers meet clients?

Legal subjectivity:

(1) During the meeting, in addition to paying attention to the work contents and working principles in the stages of investigation, prosecution and trial, we should also pay attention not to hand over communication tools to detainees, not to carry letters, cash and articles, and pay special attention to the mental state and psychological trends of the people being met. (2) After each regular meeting, the lawyer in charge should study the statements of the parties (defendants) obtained during the meeting and carefully analyze the evidence clues and case clues provided by the parties. Those who apply for evidence should apply in time, because only "evidence" is the weapon to safeguard the legitimate rights of the parties. We should make full preparations before going to the meeting. Before going to the meeting, it is necessary to further check whether the entrustment procedures are complete, whether the official letter of the meeting issued by the law firm is standardized, and whether the accompanying personnel (co-organizers) hold the license of practicing lawyer or trainee lawyer or paralegal. If there are many key contents in this meeting, an outline should also be listed.

Legal objectivity:

The legal provisions on lawyers' right to meet in China are mainly embodied in the Criminal Procedure Law, the Lawyers Law and the relevant provisions of public security organs, procuratorial organs, lawyers, various departments and NPC Political and Legal Committee, which create conditions and provide guarantees for lawyers to realize the right to meet. According to the above-mentioned legal provisions, the legal protection of lawyers' right to meet is mainly reflected in the following aspects: (1) The right to meet criminal suspects who do not involve state secrets in the investigation stage. If a lawyer requests to meet a criminal suspect who does not involve state secrets during the investigation stage, the investigation organ shall arrange the meeting request, but it shall not approve it. Lawyers' request for meeting is the right given to lawyers by law. As the counterpart of the lawyer exercising this right, it is a legal obligation for the investigation organ to arrange the lawyer to meet after receiving the letter from the lawyer requesting the meeting. Lawyers' meeting does not need the approval of the investigation organ, and the investigation organ has no right to approve lawyers' meeting. After the lawyer requests a meeting, the investigation organ shall arrange it in time. According to the regulations of six ministries and commissions, if a lawyer requests to meet with a criminal suspect, the investigation organ shall arrange a meeting within 48 hours; if a lawyer requests to meet with a criminal suspect, the investigation organ shall arrange a meeting within 5 days for the crimes of organizing, leading and participating in an underworld organization, organizing and leading a terrorist organization, smuggling, drug crimes, corruption and bribery, and other major and complicated crimes involving more than two people. (2) Whether the investigation organ can send personnel to meet with the criminal suspect in custody. If a lawyer proposes to meet with the criminal suspect in custody during the investigation stage, the investigation organ may send personnel to be present according to the circumstances and needs of the case. Lawyers meet with criminal suspects and defendants in custody during the review and prosecution stage and the trial stage, and the relevant departments shall not send personnel to be present. (3) The lawyer's right to know the case from the criminal suspect at the investigation stage. Lawyers can meet with criminal suspects in the investigation stage to learn about the case, including the charges, the main facts and circumstances of the case, and the defense of the suspect's innocence and light crime. The investigation organ shall not interfere with the lawyer's practice, let alone prevent the lawyer from knowing the case from the criminal suspect on the grounds that the case is still under investigation. (4) The relevant departments can't limit the time and frequency of lawyers' meetings. When lawyers meet with criminal suspects and defendants at all stages of criminal proceedings, the relevant departments have the obligation to provide convenience for lawyers to meet, including simplifying the meeting procedures and arranging meeting places, and should not limit the time and frequency of lawyers' meetings.