Written by Wang Houlong, a lawyer at Shandong Chishan Law Firm, on April 25, 2024
The court was about to begin, and there were fifteen minutes to go, and I had a whim, so I quickly wrote this idea. I think the focus of a lawyer's representation is on preparation and organization.
Preparation includes preparation prior to indictment, as well as preparation prior to trial. Preparation must be done well in order to be able to get the case right.
It is very important for a lawyer to prepare for a case! If a lawyer does not make preparations after taking over a case, but only goes to court to go through the motions, isn't this just fooling the client with money? In essence, he is using the lawyer's name to commit fraud.
I remember that it was at the turn of the summer and autumn of 2010, and it was really funny that I was in court! I represented the defendant and the plaintiff for the other attorney's fee. After the first hearing of this case, there will be about three months before the second hearing. The cause of action is an inheritance case.
This time, before the trial began, the judge asked the lawyer what he was going to do with the case? The lawyer was at a loss! How to deal with it! I still know how to handle it!
The judge was surprised: Don't you, as the plaintiff's lawyer, know how to deal with it? Don't you know what happened in the last trial?
The lawyer said, "It's been three months since the trial, who can remember?", "So, don't you have a trial record?", "Who is going to remember it?" The judge asked me, "Houlong, don't you know what you want to solve in this trial?" and I truthfully told me what had been determined in the last court session, and also said the problems to be solved in this court session. The judge said to the plaintiff's lawyer, "Look, look! Your plaintiff's lawyer remembers things in less detail than the defendant's lawyer." "That's the head of the thick dragon." ", said the plaintiff's lawyer. I corrected him, "It's not my brain, it's that I made the transcript of the trial." I watched it last night and I remember everything from the last court session. The judge said, "Look! Look at how serious the court is! You are doing business." The plaintiff's lawyer laughed.
And I was saying in my heart that even if I didn't look at the transcript, I would be able to write down the last trial. He eats, drinks and has fun all day long, so he still has the heart to take care of the case.
Representing a lawyer is like a student's homework, and everything needs to be prepared in order to be able to do the homework well. If you don't prepare, you won't be able to answer the question correctly. It's the same even for lawyers. Your status as a big coffee can only mean that you made achievements yesterday and were recognized by the society, but your achievements yesterday do not mean that you are also successful today, nor does it mean that you will be brilliant tomorrow. You see, why are those big lawyers in society always short-lived? That is because they don't know how to continue to adhere to those good habits after they become big lawyers, and if they are fluttering, then the title of big lawyers will slowly disappear. As lawyers, we need to always adhere to the spirit of guarding against arrogance and rashness, modesty and prudence, so that we can always stay young, flowers will always bloom, never wither, and be evergreen pines and cypresses!
The lawyer's business is very important for the collation of case materials.
How does a lawyer organize the case materials?
I think first of all, we need to sort out the factual materials of the case, and the facts need legal facts, and the legal facts need to be supported by legal evidence. The legal facts supported by legal evidence need to be realized according to legal logic.
What is a legal fact? That is, a fact that is established in accordance with the law, and it is different from an objective fact. In order to be effective, a lawyer needs to transform objective facts into legal facts in the litigation process. Lawyers need to convert objective evidence into legal evidence in order to play an effective role in confirming legal facts. In order to be meaningful in court, objective facts need to be transformed into legal facts. The reason why those lawyers' words are ineffective is that they only state objective facts but do not explain legal facts; and the reason why those judges make wrong decisions is that they often only state objective facts but do not state legal facts. As lawyers and judges, we must emphasize the role of legal facts.
The legal logic of transforming objective facts into legal facts lies in the relevant procedural law. Lawyers and judges must convert objective evidence and objective facts into legal evidence and legal facts in accordance with the provisions of the relevant procedures. This is especially true of judges, in particular, who are well-intentioned, but whose actual conduct is in serious breach of the rules of legal procedure. They value only objective facts and do not respect legal facts. The judge's free testimony can't always go against the thinking logic of the procedural law to prove it, right?
In the course of their daily profession, lawyers need to actively abide by the legal logic of the Procedural Law, so as to influence the legal logic of court judges and jointly promote the construction of the rule of law in China. Decisions cannot be passive, and everything is left to the judge's arrangement. Of course, the correct behavior of judges should be followed, otherwise they should not be blindly followed.
The preparation work of the lawyer and the organization work are integrated into a whole, and the time taken is also different.
Preparation reflects organization, and preparation reflects preparation in finishing.
The collation distinction is divided into the collation of legal facts, which includes the collation of evidence, and the collation of laws, which includes the collation of substantive law and procedural law.
Collation also includes the comprehensive collation between legal facts and law, as well as the collation of details and the overall situation.
Sorting also includes pre-trial and post-trial sorting and case completion.
The lawyer also needs to organize the case and the other case file.
Before the trial, it is necessary to check whether the case file materials are taken incorrectly, and whether there are any cases where the case file materials are not in the file bag?
The above is a summary of my lessons and experiences as a lawyer over the years. I use it from the bottom of my heart to write a good quality article. As for whether the reader is interested? I don't care. As for whether or not I can get paid? That's not my concern. The starting point of my writing is to dedicate my great love to my fellow lawyers.
