Issues that should not be overlooked when appointing counsel as advocates
When many parties' families entrust lawyers to serve as defenders of their relatives involved in the case, they will examine their professional ability, fame, etc., and when lawyers accept the entrustment of the families of parties in criminal cases, they may also fail to pay attention to whether the client is involved in the case, which will lead to conflicts of interest that lawyers cannot overcome when handling criminal cases, and if they are not handled correctly and in a timely manner after discovery, in addition to harming the interests of the parties, it is also very likely to bring professional risks to the defense lawyers. After years of defense practice, the author has sorted out the following two extremely hidden issues and shared them with the majority of readers, which are helpful to relevant parties, clients and defense lawyers in specific circumstances.
I. Questions that lawyers must ask their families:
When a lawyer defends two parties to the same case at the same time (including one of whom has not yet arrived or is on bail pending trial), there is a conflict of interest between the family member and the detained party. It is not possible for a lawyer to maximize the interests of both parties at the same time. Therefore, the lawyer must ask:
Are you personally related to this case?
Although it may be a little embarrassing to ask this question, it is better than the consequences of violations or even violations in the future.
If the family conceals the relevant facts, even if they accept their entrustment, when the lawyer discovers that the client and the client are suspected of committing the same crime, the lawyer should also take the initiative to terminate the entrustment contract relationship signed later.
II. Questions that family members must ask lawyers:
When a lawyer defends two parties in the same case at the same time, or defends two parties who are co-authored but whose facts are related, the interests of the two parties will conflict, and it is impossible for the party to maximize the interests of both parties at the same time. Therefore, the family must ask the lawyer:
Have you accepted the representation of another party in this case as its defender?
If a lawyer has already accepted the entrustment of the family of a co-defendant or defendant to serve as his defender, he or she should voluntarily refuse to accept the entrustment of the family members of other criminal suspects or defendants in the co-defendant' case, otherwise, the conduct violates the second paragraph of article 43 of the Interpretation of the Supreme People's Court on the Application of the Criminal Procedure Law of the People's Republic of China.
Of course, the above two issues are also issues that lawyers must examine before accepting the entrustment, and they cannot be avoided.