Agency opinion refers to the lawyer's views, opinions and opinions on the case as the agent of the parties. When the lawyer's agency opinion is written, it becomes a written agency word. A proxy word is a word that expresses an agent's opinion.
Investigation materials (evidence materials) are evidence verified by the court (with authenticity, legality and relevance to the case). Investigation materials are case evidence materials obtained through investigation. Often the investigation materials are accepted by the court as the basis for determining the facts of the case and become evidence.
Question 2: What is the difference between the attorney's opinion and the attorney's words? The agent's words are generally more formal, and they are speeches at the court session. The agency opinion is the opinion at the non-trial stage.
Question 3: How to write the attorney's statement?
Dear presiding judge and judge,
Shandong Yanqing Law Firm accepted the entrustment of XXX, the plaintiff in this case, and appointed me as the agent of first instance in the case of XXX's house sales dispute. After accepting the entrustment and assignment, I seriously asked the client XXX, collected relevant evidence, conducted necessary investigations, participated in the trial of this case today, and got a more comprehensive and clear understanding of this case.
According to the law and facts, the agent ad litem expressed the following opinions, which should be considered by the collegial panel when it meets:
Reason one:
Reason two:
Reason three:
To sum up, the house purchase and sale agreement signed by the original defendant and the defendant is legal and valid. The agent believes that a legally established contract is protected by law, and the parties should fully perform their obligations in accordance with the agreement. If one party fails to perform its contractual obligations, it shall bear the responsibility for performance. Therefore, I implore the court to support the plaintiff's claim.
The above proxy opinions are expected to be adopted by the collegial panel.
Agent:
date month year
Question 4: The opinions of special lawyers are obviously different from those of clients.
Question 5: What is the significance of lawyers submitting power of attorney? Generally speaking, the proxy statement is a summary, deepening and expansion of one's own opinions in court trial, and a rebuttal to the other's opinions. The significance of submitting the power of attorney is to help the judge better understand the facts of the case and our views, and hope that the judge will make a favorable judgment accordingly.
Question 6: Does the lawyer's opinion on litigation agency need to be signed or the official seal of the firm? Just sign the lawyer's signature. The seal of the law firm exists when the agency contract is signed, and the law firm issues official letters from the law firm to the courts, procuratorates, public security bureaus, detention centers and other places. You only need to stamp a seal when it is similar to the letter of introduction to prove why our unit sent this person to you. Please help, this role.
Question 7: How much role can attorney's representative words play in court decisions? Any judgment is based on evidence. In this sense, the lawyer's words are not evidence and have no influence on the judgment.
First, there are good and bad surrogacy words.
Second, as far as the legal status of proxy words is concerned, this is only the lawyer's opinion.
The statement of attorney's agency is not a judicial interpretation of the Supreme Court and has no legal effect. Under normal circumstances, it is impossible to reverse Gan Kun. Because everything it has to say can't be separated from evidence, if you can't come up with evidence that can reverse Gan Kun's conviction within the time limit of proof, the proxy statement is like a tree without roots and is unconvincing. Looking at the evidence in the lawsuit, of course, a good lawyer will organically combine the evidence with the law and come up with an attorney's opinion with a high legal standard, so as to be recognized by the court.
Third, did the judge read the defense and the proxy?
In the past, many lawyers' paperwork level was not high, and some judges did not read lawyers' proxy words and defense words, let alone adopt lawyers' opinions. This is a fact.
Now a good defense and proxy still have a considerable impact on the outcome of the case, and the judge will read it carefully. As far as winning cases are concerned, the important role of defense words and proxy words is beyond doubt. Why do judges carefully read the documents written by some lawyers and adopt their defense views in large numbers? The reason is that lawyers' documents are the concentration and carrier of lawyers' legal knowledge, writing level, practical experience and litigation skills. In lawyers' documents, the level of lawyers is like a crystal clear river, which can be seen at a glance. As long as we adhere to the principle of saying only when there is a reason, and there is no reason not to talk nonsense, we should carefully write every defense word and proxy word, and strive to make every defense word and proxy word legal, logical, ornamental and encouraging. Such a proxy word is still possible.
Question 8: Why are attorney's words protected by copyright? According to the provisions of the copyright law, attorney's words belong to written works and are also protected by China's copyright law.
copyright law
Article 3 Works mentioned in this Law include works of literature, art, natural science, social science and engineering technology. Created in the following form:
(1) Written works;
(2) Oral works;
(3) Music, drama, folk art, dance and acrobatic works;
(4) Artistic and architectural works;
(5) Photographic works;
(6) cinematographic works and works created by similar cinematographic methods;
(seven) engineering design drawings, product design drawings, maps, schematic diagrams and other graphic works and model works;
(8) Computer software;
(9) Other works as prescribed by laws and administrative regulations.
Article 5 This Law does not apply to:
(1) Laws, regulations, resolutions, decisions and orders of state organs and other documents of a legislative, administrative and judicial nature and their official translations;
(2) current affairs news;
(3) calendars, general digital tables, general tables and formulas.
Question 9: In criminal cases, will lawyers read their opinions in court? Lawyers in criminal cases read defense words, and civil cases are called proxy words. The lawyer will give a defense opinion.
Question 10: How does the attorney of the victim write an opinion in the case of intentional injury? The word "agent" is a modern word and a proper noun, which means that an agent ad litem is entrusted by the parties to a civil case to participate in the litigation within the scope authorized by the parties. The following questions should be paid attention to when writing proxy words: 1. Proxy words are mainly based on proof, and sometimes wrong opinions can be refuted by refutation, but usually positive reasoning and negative refutation are organically combined, with positive reasoning as the main factor, or both. The proxy word is an informal document used by litigation agents (lawyers, legal workers and citizens) alone in the trial process. The most important part of the agent's words is cross-examination and debate, which is the experience of the agent ad litem for many years.
Matters needing attention
When writing the text of proxy words, we should pay attention to the following questions:
First, according to the specific circumstances of the case, seize the controversial point, clearly put forward the agency opinion, and demonstrate this view from multiple angles and sides. We should analyze it from facts, evidence, jurisprudence and logic.
Second, on the basis of facts and laws, make an accurate, detailed and in-depth analysis of entity entrustment to support its litigation request.
Third, proxy words should be constantly revised, enriched and improved with the litigation process, and attention should be paid to absorbing new situations in time to make up for loopholes in the trial process.
Fourth, the language of proxy words should be vivid, concise, clear and logical; Objective, comprehensive and focused; Easy to understand, appropriate words, leaving room.