1. What should lawyers pay attention to when meeting clients?
1. 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 formal meeting letter issued by the law firm has been received and filled in properly, and whether the accompanying personnel (co-organizers) hold the practicing lawyer's certificate or trainee lawyer's certificate or paralegal's certificate. If there are many important contents in this meeting, an outline should also be listed.
2. Cash, commodities, etc. Pay special attention to the mental state and psychological trend of the interviewee. A person's trust and dependence on a lawyer in custody is irreplaceable. If a lawyer finds any abnormality, he should communicate with the detention organ or judicial organ in time. If lawyers want to gain the respect of others, they must prove themselves with their own actions instead of complaining about disasters all day. In fact, the most difficult thing in the world is to overcome yourself and manage yourself well.
3. 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.
Second, what can't a lawyer do when meeting the parties?
According to the provisions of Articles 96 and 36 of the Criminal Procedure Law, lawyers have the right to meet with criminal suspects and defendants after accepting their entrustment. Meeting with criminal suspects and defendants is the basic work of lawyers' criminal defense business, and even the main work of lawyers in the investigation stage and prosecution stage. However, some lawyers have encountered such and such problems, and some lawyers met with them to perform official duties and become a mere formality. The lawyer's meeting is not only to show the client the formulaic form in the work, but also a successful meeting is of great benefit to the lawyer to clarify the doubtful points of the case and find new defense points.
1, lawyers should list the outline of the meeting before the meeting, not aimlessly.
After accepting the entrustment, not meeting the criminal suspect or defendant is not only the disapproval of the customer, but also against professional ethics. But some lawyers meet for the purpose of meeting, without purpose or center. In fact, before the interview in the investigation stage, the lawyer had met with the police officer in charge of the case, and he could know the charges and part of the case. Before the meeting in the stage of review and prosecution, the lawyer has consulted and copied the litigation documents and technical appraisal materials, and should have a general understanding of the case. Before the meeting in the trial stage of the court, the lawyer had consulted and copied all the evidence materials in the file. As long as lawyers carefully analyze and study, they can find the doubts and difficulties of the case, list the detailed outline of the problem, and avoid superficial useless interviews.
2. Don't bring the suspect or the defendant's family when the lawyer meets.
As family members, they must be very concerned about the living conditions and physical conditions of criminal suspects and defendants, and of course they are more concerned about the future prospects of their families. Family members must be particularly excited to hear that lawyers are going to meet with criminal suspects and defendants. Although lawyers have repeatedly warned that family members are not allowed to attend the meeting, some family members just won't listen. Some detention centers may be lax, and some family members may have greeted them, so lawyers may follow them when they meet. Once the family members meet the criminal suspect or defendant, they may cry and make a scene, hold the building, and even deliver money and goods. If it fails, the lawyer will be in big trouble. If the leader in charge of the detention center or the procuratorate finds out, the lawyer will defend himself.
3. Lawyers should not meet alone, but more than two people.
Lawyers must meet more than two people, which is not mandatory by the Lawyers Law. Criminal cases can also be handled by lawyers. Some lawyers don't want to bother other lawyers, or they don't want to let a small amount of lawyer's fees flow out. There may be a meeting between lawyers. Some detention centers explicitly require lawyers to meet with the two people, while some detention centers have no prohibitive requirements in this regard. However, I suggest that lawyers meet with more than two people. Meeting more than two people can not only prevent the suspect and defendant from escaping, but also prevent the lawyer from being accidentally injured, and witnesses can be present when the suspect and defendant recant their confessions. Criminal suspects and defendants sometimes have ulterior motives and cannot be prevented. The lawyer suddenly fled when he met, and the lawyer was investigated. Mental disorder, sudden attack on lawyers; He was severely punished by the judicial department, saying that some lawyers made him retract his confession. Lawyers really have to be careful.
4. Lawyers encounter evidence and letters that cannot be transmitted.
The gate of the detention center is a warning line, a red light and a minefield. No matter what kind of evidence or letter, lawyers have no right to pass it on privately. The confession, defense and appeal materials of criminal suspects and defendants shall be examined by the detention center before they are introduced or led out. Don't be afraid that others don't know unless you don't do it yourself. If lawyers send evidence and letters privately, then Article 306 of the Criminal Law may have left you a net. Some lawyers charge high attorney fees, taking risks for criminal suspects and defendants, and trying to break the law. In the end, there are not a few people who have been investigated for the crime of destroying evidence, forging evidence and obstructing testimony by defenders.
When the lawyer meets, he must ask whether he agrees to provide legal services for him.
Whether in the investigation stage, accepting the entrustment as the agent of the criminal suspect, or acting as the defender in the examination and prosecution stage and the first and second trial stages, although the law firm has signed an entrustment agreement with the relatives of the criminal suspect and defendant, and their relatives have also issued a power of attorney, the lawyer must always seek the opinions of the criminal suspect and defendant to see if they agree to provide legal help. At the same time, he has gained trust by telling who hired a lawyer for him. Soliciting the defendant's opinions is not only a respect for the defendant's right to defense, but also a coordination with the law. According to Article 39 of the Criminal Procedure Law: "During the trial, the defendant may refuse the defender to continue to defend him, or entrust another defender to defend him." If you try your best to defend yourself, but the defendant refuses in court, it is not only embarrassing, but also useless, that is, you are busy without permission.
6. Lawyers should not let go of any doubts and difficulties in the case.
There are always some doubts and difficulties in a case, which need to be solved urgently by lawyers. In fact, as long as the doubts and difficulties of the case are overcome, other problems may be solved. Sometimes it involves highly specialized cases, and criminal suspects and defendants are often experts in this field. At least, they are familiar with this professional process, such as discount, usance letter of credit, draft, promissory note, check and other financial expertise. Lawyers may wish to consult criminal suspects and defendants to find out their familiarity with this process knowledge and find out the root of their crimes.
7. Lawyers can't leave out any defense points.
The process of lawyers meeting with criminal suspects and defendants is also the process of capturing defense ideas from them. The prosecution opinion, indictment and judgment of first instance may not be regarded as statutory mitigating circumstances, or as discretionary mitigating circumstances, which lawyers may find when meeting with criminal suspects and defendants. If the confession is repeated before and after, it is because there is a situation of extorting a confession by torture in the investigation stage. You should ask about the specific situation of extorting a confession by torture in detail to see if there is any evidence left. If the confession is really obtained by torture, then the confession obtained as the fruit of the poison tree should be excluded from the final evidence.
8. When the lawyer meets, don't forget to inform him of his litigation rights and obligations.
Lawyers should inform them of their right to defense and the right to apply for withdrawal. Lawyers should inform the general stages of trial, namely, court investigation, court debate, final statement, comment and judgment. The prosecutor should be informed that after reading the indictment, he will be asked about his views on the indictment and will be questioned. After reading every piece of evidence, he has the right to cross-examine. When encountering difficult questions, the public prosecutor and the defenders of other defendants must not be nervous when asking questions, and must listen carefully before answering.
To sum up, lawyers must also be fully prepared when meeting the parties. Checking whether their materials are complete and in place is only the most basic step. More importantly, whether the lawyer's questions about the case hit the nail on the head and whether he can directly obtain strong evidence to defend the parties. This kind of question should also pay attention to whether the psychological conditions of the parties at that time can accept such a question and answer, and everything is for the evidence.