Does the lawyer have to find the evidence himself?

Updated on society 2024-03-26
23 answers
  1. Anonymous users2024-02-07

    When a lawyer fights a lawsuit for his client, he must have enough evidence to prove his client's innocence, but if he needs evidence, he must rely on himself to find it. You're right, the lawyer is your criminal police officer after accepting your case, the difference is that he is clearing your name or you are proving your innocence. The process of finding proof:

    Gather evidence...It refers to the people's court's provision of facts that can prove the case under certain conditions in accordance with legal proceduresExtraction or fixation of litigation acts.

    Adjudicators' act of gathering evidence is a supplement to the parties' inability to present evidence. Article 1 of the Civil Procedure Law clearly stipulates that "if the parties and their persons are unable to collect evidence on their own due to objective reasons, or if the people's court deems it necessary for the trial of the case, the people's court shall investigate and collect it".

    However, China's affairs are complex, with a large population, a large number of illiterates, and the popularization of legal knowledge is extremely limited, coupled with the complexity of civil cases, which determines that it is indeed difficult for the parties to provide corresponding evidence at some times, and it is relatively easy to extract evidence as a court. Therefore, it is very necessary for adjudicators to exercise the power to collect evidence within a certain scope, at least for the time being.

    The scope of evidence collected by the people's court includes: (1) the parties and their litigants are unable to collect evidence on their own due to objective reasons and have already submitted an application for collecting evidence and the evidence leads; (2) The people's court shall inspect or entrust an appraisal; (3) The evidentiary materials submitted by both parties that affect the ascertainment of the main facts of the case are contradictory to each other and cannot be determined; (4) Other evidence that the people's court deems necessary to investigate and collect on its own. If the people's court investigates and fails to collect such evidence, the party responsible for the burden of proof shall still bear the consequences of failing to present evidence (that is, the risk of losing the case).

  2. Anonymous users2024-02-06

    If a lawyer wants to fight a lawsuit, of course, he must do everything possible to collect evidence, because if the client does not understand the law, he cannot provide a reliable legal basis to the lawyer, then what else is there to fight in this lawsuit?

  3. Anonymous users2024-02-05

    The lawyer should help analyze your case and whether the evidence can be won, how it is beneficial to you, and guide you to collect evidence from which aspects.

  4. Anonymous users2024-02-04

    Of course, you have to collect the evidence yourself, and the lawyer just uses the evidence you collect to facilitate the lawyer's comprehensive understanding of the case and the legal knowledge he has learned to help you argue in court!

  5. Anonymous users2024-02-03

    Yes, the lawyer can generally provide advice and organize the evidence you provide into a standardized text, and the evidence still needs to be collected by yourself.

  6. Anonymous users2024-02-02

    The parties themselves shall actively cooperate with the lawyer, providing evidence materials in their possession that they can collect, so that the lawyer can fully understand the facts of the case and make full preparations for responding to the lawsuit.

    For those that require a lawyer to come forward to collect evidence or it is inconvenient for the parties themselves to obtain evidence materials, a lawyer may be entrusted to investigate and collect evidence on their behalf, such as inquiries into the opposing party's real estate, vehicles, bank accounts, and other information.

  7. Anonymous users2024-02-01

    If you ask a lawyer, you have to provide evidence, of course, the lawyer can tell you that the evidence is reasonable and legal, so you still have to collect evidence for his reference.

  8. Anonymous users2024-01-31

    Of course, if you hire a lawyer, you need to have enough evidence to sue someone, and there is no evidence to prove persuasion, in order to cooperate with the lawyer, you need to provide effective evidence materials, and the lawyer will help analyze and fully prepare for the lawsuit.

  9. Anonymous users2024-01-30

    Of course, you need to gather your own evidence. Even if you hire a lawyer, you don't have sufficient evidence. There is no guarantee that a lawyer will help you win this case. There are often times when the evidence you provide is more useful. More favorable to the case.

  10. Anonymous users2024-01-29

    Not necessarily. Lawyers have the right to investigate and collect evidence. Lawyers' right to investigate and collect evidence refers to the rights enjoyed by lawyers in the course of performing lawyers' professional activities to investigate, learn about relevant circumstances, and collect and obtain relevant evidence.

    After accepting the client's entrustment, the lawyer has the obligation to help the client investigate and collect evidence on the facts related to the case.

    Legal analysisNot necessarily. Fighting a lawsuit is a lawsuit of evidence, and the hopes of the parties are pinned on the lawyer. In contrast to the client, the lawyer has the right to investigate and collect evidence.

    Lawyers' right to investigate and collect evidence refers to the rights enjoyed by lawyers in the course of carrying out business activities, in the course of investigating, learning about relevant information, collecting and obtaining relevant evidence, and so forth. After accepting the client's retainer, the lawyer has the obligation to assist the client in investigating and collecting evidence related to the case. However, the right of lawyers to investigate and obtain evidence is severely restricted.

    If the attestating party refuses to cooperate, the lawyer has no remedy. This also requires greater attention in future legislation. Lawyers may use their lawyers' practice certificates and law firms' practice certificates to investigate situations related to undertaking legal affairs with relevant units or individuals.

    The lawyer's act of collecting evidence also needs to be carried out under some rules and regulations, and it must be restricted. Lawyers' investigation and evidence collection mainly include the following: evidence investigation; Intellectual Property Investigations; Investigation of the whereabouts of the property of the person subject to enforcement.

    The provisions on lawyers' collection of evidence for investigation not only give lawyers the right to collect evidence, but also reflect the importance of lawyers in the trial of cases; It also regulates lawyers' collection of evidence to prevent the production of illegal evidence. This is of great significance to the fair trial of cases by the courts and the promotion of judicial fairness.

    Legal basis"Lawyers Law of the People's Republic of China" Article 35: As needed by the circumstances of the case, retained lawyers may apply to the people's procuratorate or people's court to collect or collect evidence, or apply to the people's court to notify witnesses to appear in court to testify. Where lawyers conduct their own investigation and collect evidence, they may investigate circumstances related to undertaking legal affairs from relevant units or individuals on the basis of their lawyers' practice certificates and law firm certificates.

  11. Anonymous users2024-01-28

    If you hire a lawyer, you still need to collect your own evidence. A lawyer only helps you fight the lawsuit, he doesn't help you collect evidence. The evidence has to be collected on your own.

  12. Anonymous users2024-01-27

    Yes, you still need to collect evidence and materials yourself. A lawyer is only there for you, and it's mostly up to you.

  13. Anonymous users2024-01-26

    If you hire a lawyer, you also need to collect evidence on your own. The more evidence there is, the better it is for you.

  14. Anonymous users2024-01-25

    Of course, you need to collect your own evidence, and the lawyer can only judge whether it is beneficial to you based on the evidence you have gathered.

  15. Anonymous users2024-01-24

    Yes, the lawyer only judges the evidence you need based on the law and experience, and if you want to protect your own interests, you must cooperate.

  16. Anonymous users2024-01-23

    Of course, you have to collect it yourself, and a lawyer can help you collect it, but a lawyer is not omnipotent.

  17. Anonymous users2024-01-22

    If you hire a lawyer, you also need to collect evidence by yourself, and only when you have evidence can you go to court to say goodbye.

  18. Anonymous users2024-01-21

    In some cases, it is necessary to provide evidence to prove that what you say is accurate.

  19. Anonymous users2024-01-20

    Hiring a lawyer also needs to collect evidence on your own, and the lawyer only assists you in completing the court process, giving advice in the process of collecting evidence, and assisting you in negotiations with the other party. For example, how does a lawyer know that your real estate deed is released? You can't find it yourself.

  20. Anonymous users2024-01-19

    A lawyer was hired. , but also need their own mobile phone evidence.

  21. Anonymous users2024-01-18

    Of course, you have to cooperate with the collection of evidence, which is very useful for your future lawsuits, and the more evidence, the better it will be for you.

  22. Anonymous users2024-01-17

    Legal basis: Article 35 of the Lawyers Law of the People's Republic of China provides that lawyers enjoy the statutory right to investigate and collect evidence, but lawyers may choose whether to exercise this right according to the needs of the specific case.

  23. Anonymous users2024-01-16

    1. The lawyer has not yet been exposed to the substantive evidence materials of the case, and the lawyer cannot determine whether to defend not guilty or the defense of the minor crime, or the sentencing defense, let alone make a judgment. Sentencing steps: Determine the starting sentence based on the facts that constitute the basic crime proved by evidence, and then determine the base sentence based on the facts constituting other crimes that have evidence proven, and finally declare the sentence according to the sentencing circumstances proven by the evidence Consultation cannot solve the problem of the case itself, because you have to understand that you do not have the right of a lawyer, nor do you have the practical experience of knowledge and skills accumulated by the lawyer through many hands-on cases, and you cannot solve the actual problem.

    Moreover, the lawyer's criminal defense work is based on the evidence of the whole case, which is a complex and specific process. 3. Entrust a criminal defense lawyer specializing in criminal defense business to deal with it as soon as possible. Criminal defense is a process, and it is a step-by-step process with the review, judgment and application of criminal evidence as the core.

Related questions
14 answers2024-03-26

You don't have to pleaseLawyers can be eliminated in less disputed cases**. >>>More

12 answers2024-03-26

In fact, these things are the records of the cases you followed when you were interning in the firm, and the working documents such as pleadings, replies and other litigation documents; The operation record is what you do in these cases, and the general law firm will have a memorandum that requires you to stamp the firm's seal on it, and the training experience is similar to the study summary written by yourself, which should be related to the record of the training of the lawyer who rented the trainee lawyer of the Bar Association. Hope it helps.

9 answers2024-03-26

Yes! You can change yourself! And you need to change yourself because you have to adapt to society, not the other way around. >>>More

10 answers2024-03-26

If you want to learn systematically, you can consider signing up for a live online class, and recommend CGWANG's online class. The teacher speaks carefully, you can watch it back after the class, and there are also the same type of recorded classes that you can learn for free (give away lifelong VIP). >>>More

30 answers2024-03-26

Illegal! You ask the company to give you a written thing with these terms written on it! And then go against your own interests through legal means! >>>More