Legal consultation is a kind of legal service provided by lawyers. Lawyers should follow the following steps when answering legal advice:
1. Basic information of registered inquirers
For some major questions or cases, if the consultant refuses to disclose his identity and does not agree to register, the lawyer may not answer.
2. Listen to the inquirer's statement
In the process of listening, it is mainly necessary to pay attention to patiently understanding the ins and outs of the problem, make necessary records of key plots and details, and listen to the focus, key and essence of the problem.
3. Observe the mental state of the questioner.
People who are overly emotional should be good at stabilizing their emotions, finding out their true intentions and finding out the crux of the problem.
Step 4 check the relevant materials
Pay attention to whether the inquirer's narrative is based and related to the relevant materials provided by him.
5, targeted questions.
Effective questioning can make the narrator save unnecessary repetition and clearly describe the focus of the problem.
6. Comprehensive analysis
Comprehensive analysis of the above situation, judge the essence of specific issues and determine the relevant legal basis.
Step 7 answer
Second, the lawyer answers the request for legal advice.
Lawyers are charged for formal legal consultation, so when answering, they should also pay attention to the following requirements:
1, the answer should be targeted.
2. It should be based on law.
3. The language should take into account the acceptability of the questioner.
The clear answer to this question should be concrete and feasible.
5. Persuade unreasonable demands without intensifying contradictions.
3. What are the principles to be followed in legal consultation?
For lawyers, although legal consultation is not the main business, since they have received consultation, they should try their best to answer it. When answering legal advice, you should follow the following principles:
1. Abide by the principle of "taking facts as the basis and law as the criterion", and neither blindly cater to or even encourage the wrong views of inquirers, nor evade the important and make perfunctory efforts.
2. Be reasonable and well-founded, and don't jump to conclusions.
3. To protect the legitimate rights and interests of the parties to the maximum extent. Where the legitimate rights and interests of the parties are involved, lawyers should emphasize not to hide the problems that are not conducive to the parties, and try their best to give feasible solutions to the above two situations.
4. Avoid intensifying contradictions and try to reduce the litigation burden of the parties.
5. The consultation on the contradiction between the relevant departments and the masses should be cautious, explain the advantages and disadvantages, and do a good job of grooming to prevent the situation from expanding.
6. For the legal consultation of the parties' decision-making, we should pay attention to analyzing the pros and cons and provide feasible reference opinions for the parties, but we can't make decisions instead of the parties to avoid corresponding legal risks.
7. To explain the specific articles cited in the case, it is necessary to analyze the case clearly and explain whether the relevant articles are quoted correctly. However, it is generally not appropriate to explain the scope of application, the size of the fault, the seriousness of the circumstances, etc. Because I don't know the relevant evidence.
8. For consultation involving other departments, if the specific provisions or details are not clear, the parties can be guided to consult the relevant departments.