1. Can a lawyer promise to win the case?
A lawyer cannot promise to win the case. In addition to the legally binding lawyer's commitment, there are many factors to consider, all of which depend on whether everything the client says is true and whether the evidence is sufficient. Under no circumstances can a lawyer guarantee a win in your case. Not so absolute
In fact, in any lawsuit, there are many factors that affect the outcome of the lawsuit. These include: litigation strategy, evidence collection, the attitude of the trial committee, the judge's bias, the professional standards of lawyers, and national policies. Moreover, small changes in almost any aspect will directly affect the outcome of the lawsuit. It can be said that only the right time, right place and right people can win a lawsuit. So as a lawyer, there are not many factors that you can manipulate. Lawyers can only try their best to do their job well, and then try their best to help the client collect evidence and formulate strategies. For other uncontrollable factors, lawyers can only try their best, but cannot completely control them.
Second, the law stipulates that lawyers cannot make promises to clients.
In addition to some uncontrollable factors, there are other reasons why lawyers cannot agree to their clients, that is, the country's laws do not allow it.
According to Article 10 of the All-China Lawyers Association Lawyer Business Promotion Code of Conduct, lawyers and law firms shall not engage in the following behaviors when promoting their business: (5) Making commitments on the results of case handling; (6) Announcements on the winning rate, compensation amount, bid amount, etc. It may cause the public to have unreasonable expectations of lawyers and law firms.
Article 32 of the "Measures for the Administration of Lawyers' Practice" stipulates:
When a lawyer undertakes business, he shall inform the client of the possible legal risks in handling the entrusted matter, and shall not use any explicit or implicit Make improper promises to clients
;
Article 26 of the Code of Professional Ethics and Professional Discipline for Lawyers:
“Lawyers shall abide by the principles of honesty and trustworthiness In accordance with the principle of objectively informing you of possible legal risks in entrusted matters, you must not deliberately make inappropriate statements or false promises about possible risks."
Third, lawyers can help non-professionals
In today’s diversified society, most people are good at dealing with issues within their own professional scope, but for other professional issues , can only turn to others for help. The same goes for finding a lawyer. If a person who knows the law encounters a lawsuit, he may not need a lawyer and can easily handle everything in the lawsuit himself. If non-professionals want to litigate, they need to understand various procedures and legal documents, which wastes a lot of time and energy. Moreover, if you make a mistake, you will fall into the trap set by the other party.
The above is about whether a lawyer can promise to win the case. There is no doubt that a lawyer cannot promise to win the case. The Lawyers Law stipulates that lawyers cannot make promises to clients.
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