As lawyers, we should not dump the blame, but also prevent others from dumping the blame. Shuai Guo is the act of shifting the responsibility that was originally his own fault to others.
As a lawyer, there is no complete victory in the case. Victory and defeat are a common thing in soldiers. There are no victorious generals, and there are no ever-winning lawyers.
The outcome of a case is unpredictable. The same lawyer representing the same case may have different results; the same lawyer representing the same case and different judges hearing the case will have different results; and the same case and different trial procedures will also have different results.
Is it true that the same case and the same verdict are being advocated? This is purely layman's talk! There are no two identical cases in the world, let alone the same results. A layman leads an insider, and it will never be right.
China is a statute law country, not a case law country. How is it westernized?
The correct verdict in any case must be made in accordance with the spirit of the law;
I believe that the Guiding Cases of the Supreme People's Court cannot replace the law, and must be adjudicated in accordance with the spirit of the law. The judicial interpretation of the Supreme People's Court must also be carried out closely around the original intent of the law, and no breakthrough can be made.
Only the guiding cases of the Supreme People's Court are of a guiding nature, and the judgments of the people's courts at other levels cannot be used as guiding cases for reference. The role of the Supreme People's Court's Guiding Cases is to guide judges in adjudicating rules when making judgments, and not to allow judges to follow the gourd.
I think the most important task of being a good lawyer is to study the law thoroughly, refer to judicial interpretations, Xi the adjudication rules of the Supreme People's Court's guiding cases, how to understand the law, and understand judicial interpretations and the adjudication rules of the Supreme People's Court. Some lawyers are lazy and don't want to study Xi law, but search for the precedents of the people's courts in various places all day long.
Do lawyers have a role to play in a case? I have seen some lawyers say that lawyers only follow the procedure, and the decision on the outcome of a case rests with the court. The role of a lawyer is to help clients use their legal knowledge and practice skills to protect their legitimate rights and interests to the greatest extent. As a lawyer, you don't realize the essential role of lawyers, so can you handle cases well for clients? That's impossible. If a lawyer handles a case for a client and follows the procedure, I think the standard of the lawyer's representation fee should be paid according to the standard of 1,200 yuan per day for migrant workers. Why is the lawyer's agency fee several thousand or tens of thousands of yuan? The core role of a lawyer in representing a client in a case is an intellectual achievement, not the manual labor of going to court. It is not difficult to understand that some lawyers write a legal document for others and charge it at the price of a typing company, and it is worth that price. I can't understand the reason why some lawyers represent a case and give him a few hundred yuan, he is the price of selling his physical strength.
If you do your job as a lawyer, there is no fault, and there is no need to dump the blame.
Some lawyers, faced with a losing judgment, always blame the judge who handled the case for the reason for losing the case. Is the real judge at fault? Not necessarily. Is it to find some faults in oneself? Do you find some faults in the client? It is true that the judge is not a god, and it is impossible to be perfect, and it is possible to make mistakes, but it is necessary to see whether these faults are minor faults or fundamental faults? Are they intentional faults? Or are they faults at the level of understanding? I think a court judgment can be faulted by more faults, and there are more mixed faults. Then, as an acting lawyer, you need to conduct an objective and sober analysis and judgment of this judgment, where the fault of all parties lies, and whether this fault judgment can be allowed.
Sometimes, when I receive a judgment that we have lost a lawsuit, I always have to analyze and judge objectively and calmly, and if we can tolerate an erroneous judgment, I will convince the client that there is no need for other remedies. The customer is also very satisfied.
There is a difference in the understanding of the judgment in favor of the judgment and the loss of the case. It is very common for a verdict to be both victorious and defeated, and it is rare for a simple verdict to win or lose. The so-called victory and defeat are relative.
Clients will have different understandings of the outcome of the case. In the same case, the lawyer believes that the case has been won, and the expected effect has been achieved, but the client may be very dissatisfied!
Different clients will have different criteria for judging the outcome of the case. Everyone's interests are different. Those who are extremely selfish are unreasonable. Even if he wins the first and second trials, he will not be satisfied. A few years ago I handled a very successful case in which I represented the defendant. The subject matter of the plaintiff's claim in the first instance was about 500,000 yuan, and the final judgment in the first instance was that we should bear 70,000 yuan; we felt that the judgment of the first instance was wrong, and appealed in the second instance, and reached a mediation agreement in the course of the second instance, and the plaintiff paid us the appellant party 40,000 yuan. My client was very happy and sent me a pennant to thank you. But two months later, she came to discuss something with me, saying that she wanted me to refund her a little bit of her lawyer's fees. I asked her why? She said that it was too easy for a lawyer to represent this case, and I said, "You said that I was able to take on this case, and you thanked me very much! You asked why you were charging this agency fee, and why are you asking me to refund some of the agency fees to you?" She said I wanted to negotiate with you, okay? I told her that you are guilty of thinking like this!
If a case is won and there are still cases where the client has made a profit, this is the case! If the client really loses the case, can the client not dump the blame on you? If the lawyer makes a mistake in the process of representing the case, then the lawyer will be very unlucky! If they complain to the judicial bureau, the lawyer will not only have to refund the agency fee, but may also have to bear the responsibility for compensation.
As a lawyer, you should not be exempted from the legal responsibility for agency negligence because of the small agency fee you charge, let alone because you provide free representation to others, and you will not be exempted from the liability for compensation due to agency negligence.
I think that in the future, there will be more and more cases in which lawyers will be liable to their clients for negligence. Although the client will sue the law firm for damages, in the end, the lawyer himself will still be held liable. The business risk of law firms is also very high, and it is not just a small management fee for the affiliated lawyer that will be fine.
Shandong Chishan Law Firm