Problems that lawyers should pay attention to in representing civil cases

1. As a civil litigation agent, a lawyer should first standardize his profession. 2. Seriously study the case, be familiar with the case materials, and don't express your opinions easily and rush into battle. 3. The work of organs is solid and should not be informal. 4. Actively provide evidence and cross-examine. The success or failure of civil litigation is based on evidence.

Acting for civil litigation is the main business of litigation lawyers. Lawyers should make a series of preparations from the beginning of accepting a case, from listening to the basic facts of the parties, to comparing various cases, to writing various legal documents, preparing agency opinions, etc., which are all tests for litigation lawyers. Then,

Problems that should be paid attention to when lawyers represent civil litigation

What are there? Let's take a look with Bian Xiao.

Problems that should be paid attention to when lawyers represent civil litigation

1. As a civil litigation agent, lawyers should first normalize their careers.

1;

2 reception of the parties, from the dress, discussion environment, etiquette and other aspects of the first impression;

3 Patiently listen to the case statement and learn to guide the parties to be impartial;

4. There should be an outline and guide for receiving the parties;

5 Don't express your position on the case easily, leaving room;

6. Leave room for imagination on the progress of the case and various requirements for the parties;

7 don't make false promises, don't talk big, and have confidence in the case;

8. Observe the personality, psychological characteristics and economic endurance of the parties concerned;

Each case should have a work record.

2, carefully study the case and familiar with the case materials, not easily express their views and rush into battle.

1 After signing the entrustment contract with the parties, we should carry out the work in an orderly manner, study and understand the facts of the case as soon as possible, and study the relevant evidence materials; Strengthen the evidence.

2. Whether the subject of the original defendant is qualified, the actual specific litigation request, the competent court, evidence preservation, property preservation, etc. If you make a mistake, you will be in trouble and the case will go away;

3. Don't express your opinions easily without obtaining all the information of the case, so as not to fall into a passive situation;

Lawyers should not rush into battle and blindly appear in court. Lawyers often ask questions in court, and it is not uncommon for the presiding judge to reprimand lawyers in front of the parties.

3. The agency work is solid and must not be informal.

Attitude determines everything, and details affect success or failure. If you are informal, you are often prone to mistakes and mistakes.

1 Not appearing in court on time, giving various reasons and being accused by the judge in court;

2 All-day trial, drinking at noon, the court wine tastes disgusting;

3 The mobile phone is not silent during the trial, and even answering the phone and sending text messages is disrespectful to the court;

Walking back and forth, smoking, going to the toilet at will, absent-minded during the trial;

5 when entering the court and hearing, there is no firewall and making friends with the judge;

In the court, the materials were placed in confusion and opinions were in a hurry.

4. Positive proof and cross-examination are the evidence basis for the success or failure of civil litigation.

1 Some lawyers give up the evidence base and seek the importance of relationships;

Some lawyers are eloquent in court and have nothing to say;

When submitting evidence, attention should be paid to the relationship between the copy and the original, and there should be a catalogue of evidence with serial number, name, source and content to be proved, so that people can see at a glance and be clear and orderly;

We should be good at cross-examination in court, compare the evidence of the other party with the existing facts of the case, find problems and expose the truth.

5. Respect basic facts and avoid nonsense.

1 Speak with facts, prove with evidence, and have substance and evidence in court;

2 when the parties state the facts of the case, the agent feels that the facts are unfavorable to him, interrupts the parties and makes another statement and explanation on his own, which makes the judge feel disgusted;

3 the facts that are unfavorable to our own side can remain silent, cannot be fabricated, and can be arbitrarily refuted;

In the trial, you can't just deny the evidence presented by the other party. Denying all relevant facts is often counterproductive, that is, it can not achieve the purpose of winning the case, and it will also leave a bad impression on the judge, lose the opportunity of mediation, and aggravate the contradictions between the parties.

6. Understand the law clearly, correctly understand the laws and rules, and don't be opinionated.

1 Familiarity, mastery and correct understanding of legal provisions and precedents are the basic skills of lawyers, and it is necessary to collect normative documents and precedents that have important reference and influence value on cases;

When handling a case, a lawyer should be fully prepared before the trial, and all laws and regulations that are beneficial and unfavorable to him should be prepared and thoroughly understood so as not to be caught off guard.

7. There are no trivial matters before the parties, and they are conscientious after accepting the entrustment.

1 Pay attention to professional ethics and provide legal services to clients seriously. If the case is not accepted, that is another matter. Once you accept the entrustment, no matter how much you charge, you should do the agency work seriously. Do it seriously with high fees, and suddenly smash your own brand with low fees;

The evidential materials delivered by the parties shall be properly kept, and a list of evidential materials shall be provided to clarify the responsibilities. Try not to accept the original.

3. Take the initiative to communicate and discuss with the parties in a timely manner, such as court time and summons, cooperation in court, analysis of the outcome after the judgment, etc., to avoid delaying the court time, conflicts in court, and exceeding the appeal period.

Try not to get your hands on the execution money, and leave written evidence for the transfer.

8. Stay calm and avoid mood swings.

It is understandable that the parties are sometimes emotional, but the attorney should be calm, one should play the bad COP and the other should play the bad COP, and cooperate appropriately to improve the trial effect.

9, concise, simple and clear, do not repeat _ windbag.

We should respect the court, focus on the theme, grasp the key points, have clear views, be strict in logic and be concise in language.

1 avoid starting with habitual rhetoric, and go straight to the point when publishing proxy words;

② Speak at a moderate speed and get to the point;

3 don't say a thousand words, digress a thousand miles, don't know what to say;

4 don't talk too much, talk too eloquently and aggressively, so there is a big difference;

Repeatedly repeating a point of view is easily interrupted and stopped by the presiding judge;

Conciseness includes two aspects, that is, in court, as well as in complaint, defense, appeal, complaint and agency opinion;

The judge attaches great importance to the hierarchical facts and reasons of attorney in court or in written representation, which makes people clear at a glance. Unclear opinions, regardless of levels, messy reasons, repetitive, written opinions 10 pages. Don't toss about these problems.

10, behind the court vestibule, good at communication, accomplish know fairly well.

The above ten items are problems that lawyers should pay attention to when representing general civil litigation. As a litigator, you should take facts as a benchmark and use evidence to argue right and wrong. Even if you encounter unfavorable facts, you can remain silent, but you can't make them up at will and do your duty. Losing the case not only affects lawyers, but also has a great impact on the parties. It would be a good thing if the mediation can be successful before the court.