Closing process

The standardization, systematization and refinement of service flow should be the proper meaning of comprehensive management law firms.

According to the management regulations of litigation case flow in law firms, combined with the actual work situation of lawyers and legal assistants in law firms and their own experience in handling cases, this paper introduces the standardized, systematic and refined handling process of list work method for the reference of legal colleagues.

Litigation Non-litigation Process Template (from Harmonious Litigation)

First, we need guidance. Taking cases is the basic skill for lawyers to eat. How to tell a case and test the comprehensive skills of lawyers? Receiving a case is the stage when the source of the case is transformed into the actual entrustment. It refers to the process that a lawyer reaches an entrustment intention and signs an entrustment agreement with the client through case discussion, and it is also the key to the lawyer's success.

After the signing of the principal-agent agreement, it entered the stage of handling cases.

Dozens of links, from the interview to the record of the trial, to the final filing, all test the basic literacy of lawyers in all aspects. Although it is common for lawyers to accept, handle and close cases, there are still many risks in the entrustment agreements signed by many lawyers, and there are loopholes in the process of handling cases.

The process template comes from free lawyer gadgets and lawsuits (you can use it by scanning the code and logging in). Select the relevant process template and drag it into the table to open the outline. You can directly add, delete, modify and upload files on the template.

Let's take the process of handling civil and commercial litigation as an example. Key points of handling cases in different stages of split analysis:

First, the stage of accepting cases.

1, case information management

After receiving a case, the first thing to do is to manage the case information. Good case management can not only improve the work efficiency of lawyers, but also keep the files properly.

(1) Case Information Registration Form

Establish the registration information table of received cases and the management ledger of stolen evidence, and truthfully record the sending unit, receiving time and delivery time of each received case;

(2) Memorabilia of case agency

When the number of cases handled by lawyers increases, these items that need to be remembered will also increase exponentially, so it is particularly important to represent memorabilia.

2. Preliminary study of case data

When the parties seek a lawyer, they will generally briefly describe the whole case and then provide relevant materials of the case. After lawyers get these materials, they need to make a comprehensive analysis of the case materials. It is not an easy task to make a comprehensive analysis of the case, but the embodiment of comprehensive ability, which requires higher comprehensive ability of lawyers.

(1) Retrieve related reports

When the parties find a lawyer, they may be in different stages of litigation, such as before prosecution in the first instance and before responding to the lawsuit, second instance or retrial. First of all, lawyers should adopt different ways and means to conduct comprehensive analysis according to the different progress of the case and the litigation stage, so as to achieve specific analysis of specific issues.

(2) Memorabilia of the case

After hearing the whole case, lawyers need to analyze it in combination with other relevant factors. For example, the parties will inevitably have certain emotions or prejudices when telling stories. In the process of listening, lawyers should pay attention to distinguish the facts, help clear their minds and record memorabilia according to other related factors.

3. Authorization materials

The materials to be prepared at this stage include power of attorney, notice of revocation and change of agent, certificate of legal representative, etc.

4. In-depth study of the case

The evidence provided by the parties may be lacking or messy, and lawyers should be able to sort and classify the evidence reasonably according to the specific legal relationship involved in the case. Based on the facts of the case, the case should be carefully studied, and the organization, proof, cross-examination, filing, trial, judgment, appeal and retrial of all evidence in the case should be comprehensively analyzed and studied.

5. Work contact letter

After accepting the entrustment, the lawyer needs to draft a work contact letter for the parties to contact.

In addition, after accepting the case, inform the parties of the legal consequences of not truthfully stating the case; Inform the parties of the litigation risks in this case; Inform the parties of the difficulties in the case; If possible, tell the difficulty of obtaining evidence and what work needs to be done by the parties themselves and what work needs the cooperation of lawyers; Both parties need to sign.

Second, the stage of handling cases

1, put on record (acting as plaintiff)

(1) The agent submits the official letter, power of attorney, complaint, evidence list and relevant evidence of the law firm to the court with jurisdiction.

(2) The court shall file a case for examination, and file a case after examination, and then issue a notice of accepting the case and a notice of proof.

2. Property preservation

Consider whether the other party has property available for preservation or execution, and apply for pre-litigation property preservation in case of emergency.

3. Follow up in court. The most important thing in this link is investigation and evidence collection.

(1) Require the client to submit existing relevant evidence, such as documentary evidence, physical evidence, audio-visual materials, etc.

(2) lawyers investigate and collect evidence. Investigate and collect witness testimony, police transcripts and file records.

4. Reconciliation and pre-trial mediation

Pre-trial mediation is a kind of mediation after the court files a case and before the court session. Mediation and judgment organized by the court have the same legal effect as mediation before litigation.

5. Pre-trial preparation

Prepare evidence materials and examine whether the evidence system is complete; Whether the order of the evidence itself (such as bills and invoices) is correct; Whether the evidence system itself is inconsistent; Whether the creation time, modification time and content presentation time of audio-visual materials are consistent.

Questions to prove:

(1) discipline problems; (2) Whether the legal representative is qualified; (3) Whether the power of attorney of the parties is signed by the legal representative; (4) involving property ownership; (5) Relevant evidence of the object of litigation; (6) Testimony of witnesses (applying for witnesses to testify in court in advance); (seven) whether the facts of the case need to be appraised or apply for re-appraisal; (eight) the effectiveness of audio-visual materials;

6, the other party litigation data

(1) Write a complaint or reply

A high-level indictment will leave a good impression on the judge and even have a preconceived effect. The judge will think that the lawyer handling the case is clear and neat.

The indictment needs to be concise and accurate, closely surrounding the claim.

In the complaint, try to be concise, use concise language, state the facts of the case around the litigation request, and avoid verbosity. Unless the facts of the case and the legal relationship are particularly complicated, don't write a complaint agent.

If the case is relatively simple, the facts of the case can be clearly stated in the indictment for the judge to see at a glance. If the litigation ideas and skills of individual cases need to be kept secret temporarily, we should be careful not to reflect this information in the complaint.

The claims in the indictment need to be specific and clear, and if it involves asking for money to pay, it should be composed of a clear amount. If some items of the injury compensation case cannot be claimed for the time being, it is necessary to specify the amount of compensation in a certain direction in the indictment.

(2) Amendment of the indictment

If the facts of the case are complicated and there are many legal relationships, it is necessary to revise the indictment repeatedly, and the formed indictment must be provided to the parties to avoid missing some problems or exposing problems that are unfavorable to them. Try not to write the contact information of the parties in the complaint to avoid the judge contacting the parties directly.

(3) Pay special attention to the "admission" in legal documents.

7. Prepare relevant materials for the court

(1) notification of case acceptance;

(2) Check the notice of freezing deduction and the ruling;

(3) Notice of pre-litigation joint investigation;

(4) Notice of hearing;

(5) written judgment or appraisal.

8, do a good job of identification and evaluation.

(1) apply for judicial expertise;

(2) Pre-appraisal meetings and records.

7. Attend the trial

There are no trivial things in the (1) program.

1 the court must first check the identity of the parties. It is necessary to consider whether the authorization of the parties meets the formal requirements and whether the authorizer has full capacity for civil conduct.

2 consider whether the other agent is a citizen or a lawyer, and understand the other party's knowledge background.

When the court obviously deprives itself of litigation rights (mainly procedural rights), it promptly protests to the court.

(2) Facts and evidence

1 statement. Most parties don't like to state the facts, and some parties don't even mention the facts that are decisive to the case. Lawyers should think, sort out and give legal form.

If the other party's claim is not clear, or the cause of action is unknown, there are multiple causes of action, etc. You must apply to the judge to ask the other party to clarify the above situation in order to determine the content of your defense. If the other party changes the cause of action, it may request the court to set another time limit for adducing evidence.

2 prove. Only written evidence that can prove the arguments in your complaint can be submitted to the court. A lawyer shall list and read out the evidence one by one according to the list of evidence prepared in advance, and explain the matters to be proved for each evidence respectively. For cases where the burden of proof is reversed, it does not mean that the other party does not need to give evidence. If the basic evidence of the other party is not provided within the statutory time limit, the parties do not need to provide evidence on their own initiative.

3 cross-examination. Documentary evidence, physical evidence and other evidence produced by the other party must be carefully checked, and the original documentary evidence should be checked in court and compared with the copy; Whether there are contradictions in the order of multiple documentary evidence, such as whether there are contradictions between the order of invoices and the printed quantity of invoices themselves; Physical evidence should be verified and combined with other evidence to distinguish its reliability, authenticity and effectiveness; Audio-visual materials shall be reviewed for their production time and revision time and compared with the original files, and the file size of copied audio-visual materials shall be compared with the original audio-visual materials; The witness's capacity for civil conduct and whether his testimony is direct evidence or indirect evidence; Whether the other party applies for a witness to testify in court within the scope of realizing the proof; Whether it has a lot to do with the case; The witness can apply to the judge to ask the witness not to comment on the case, or declare to the court after the witness testifies that his testimony is based on his own speculation and analysis, rather than directly knowing the facts of the case; Immediately raise an objection or ask the other party to continue to provide proof.

The process of cross-examination is also a process of debate, so it is very important to avoid letting go of any opportunity of debate in cross-examination, because judges and arbitrators must take the results of cross-examination as the fundamental basis when authenticating. We have encountered that the opposing lawyer quoted the evidence without cross-examination as the factual basis in the court debate. As long as you ask "I don't understand", the judge will stop him immediately. If it is meaningful to the appraisal conclusion, apply for re-appraisal immediately.

4. Ask the witness and the other party. When the lawyer asks the witness and asks the other party questions, don't be nervous if the respondent's answer is unfavorable and unexpected. You can ask them to repeat it to gain time for thinking. If you don't have enough time, you can ask the judge for help on the grounds that the question is too long, you didn't make it clear and you didn't understand it. The judge will order them to be concise. During this precious time, lawyers can be formed. If the witness cannot directly answer the questions related to the case, he may apply to the judge to ask the witness to answer the questions; Try to guide the witness to answer "yes" or "no";

Five transcripts. In the trial stage, we must listen carefully, remember carefully, be prepared to ask questions to witnesses and the other party, improve the outline of pre-trial preparation questions, pay attention to capture favorable opinions and evidence clues from the other party's speech, and agree in time and submit them to the court for filing. For unfavorable evidence and opinions, we should think about countermeasures and respond quickly. This is the result of long-term accumulated experience in case representation, not a day's work. We should consciously train this kind of logical thinking ability, temper it repeatedly and strive for perfection. It is best to copy the trial record with the consent of the judge, or copy it down, so as to carefully analyze the trial situation and write the proxy statement after the trial.

(3) Court debate

The lawyer's debate speech should closely focus on the focus of the case dispute and the focus of the court investigation. Analyze from different aspects such as facts, evidence and applicable laws, and clarify opinions and opinions.

Facts are conducive to telling facts; Law is good for talking about law; Facts and laws are not good for you, just talk about jurisprudence; If jurisprudence is different, then we should talk about philosophy.

8. About proxy words (defense words)

Generally speaking, no proxy statement or defense statement should be submitted to the court directly after the hearing, unless the case is very simple (but for lawyers, there is no simple case, and every case has its "complexity"). New problems and situations found in the trial that have not been supplemented or omitted in time can be found through the analysis of the trial situation and the reading of the trial transcript, and supplemented in the agency or defense.

When writing proxy words, it is enough to replace the use of uncontroversial facts and legal issues in the case. This paper mainly discusses the focus of disputes between the two sides and the application of law. This will not only supplement the missed questions in court, but also lay a good foundation for the second trial.

Third, the closing stage.

(a) lawyers should take the initiative to get in touch with the court and get the judgment documents in time.

(two) the customer service department shall urge the parties to return the case tracking card and submit the legal service report to the customer.

(3) Criteria for closing a case, except as stipulated in Article 5 of this section.

1. In the trial procedure, the case will be closed after the client signs the opinions from the date of receiving the judgment.

2. During the execution of the program, the execution is terminated in any of the following circumstances:

(1) All the contents stipulated in the effective legal documents have been fulfilled;

(two) the people's court ruled to terminate the execution;

(three) the people's court ruled not to execute;

(4) Both parties have reached a settlement agreement and have fulfilled it.

(4) Lawyers shall properly keep the files to prevent them from being lost or stolen, and shall not circulate them to others at will.

(5) Within 65,438+00 days after the case is closed, the lawyer shall write a closing report or other closing documents, sort out the files, and require the files to be complete and orderly.

1. If the client uses the services provided by a lawyer to engage in illegal activities or conceal facts, the lawyer may refuse to represent him. After collecting evidence and finding out the facts, the law firm shall notify the client to terminate the entrustment relationship, record it in the volume and sort out the files.

2. If the law firm accepts the entrustment of the client, and the named lawyer can't continue to act for objective reasons during the agency period, the client has the right to choose whether to continue the entrustment within the scope of the firm, and the law firm shall meet the requirements of the client; If the client is unwilling to continue to entrust, it shall put on record, go through relevant formalities and file it.

3. In the process of undertaking business, if the entrustment relationship is terminated in advance, a case summary shall be written to explain the reasons for terminating the entrustment relationship in advance, and the relevant procedures for terminating the entrustment relationship shall be attached and filed.

Above, through the process template of litigation, the outline nodes are combed, which is similar to the list work method. You can also insert time and record the project time.

The implementation steps of the List Work Law: lawyers add or delete work items → lawyers specify the completion time of each work → legal aid is completed within the specified time limit and the completion status is indicated → lawyers conduct inspection and review and indicate the review status → lawyers can give feedback on the legal aid work, or legal aid can supplement and improve the work according to the review status, or note other matters.

The following is the process template of 100+ litigation non-litigation cases. Lawyers in need can go to the litigation office. It is very convenient for a new lawyer to make a phone call and modify it directly with one button. The key points are free, and they can log in and use them immediately.