Why can t a lawyer promise to win a lawsuit?

It is definitely not possible to promise, because there are many changing factors, it is possible to lose the lawsuit on a small issue, the lawyer is not omnipotent, there may be a problem of ability or other reasons, resulting in the failure of the lawsuit, and although the lawyer understands the law, sometimes because he can't remember or forget for a while, the variable factors become the factors that cannot be changed, so the lawyer does not dare to guarantee that he will win the lawsuit.

The lawyer could not give a promise.

In fact, for many ordinary people, everyone looking for a lawyer to fight a lawsuit must want to achieve the result they want. However, since many people do not understand the relevant laws, they will desperately ask lawyers to help them win the lawsuit. So what is the willingness of a lawyer who cannot promise his client that he "can win the lawsuit"?

1. There are many factors involved in winning a lawsuit.

In fact, in any lawsuit, there are many factors that affect the outcome of the lawsuit. These include: litigation strategies, evidence collection, the attitude of the adjudication committee, the preferences of judges, the professionalism of lawyers, and national policies.

And almost any small change in any link will directly affect the outcome of the lawsuit. It can be said that only when the time and place are right can we win a lawsuit. So there aren't many factors that you can manipulate as a lawyer.

Lawyers can only do their best to do their job well, and then help their clients gather evidence and formulate strategies as much as possible. For other uncontrollable factors, lawyers can only try their best to fight for them, and cannot completely control them.

2. The law stipulates that a lawyer may not make promises to a client.

In addition to some uncontrollable factors, there are other reasons why a lawyer cannot promise his client, that is, the laws of the country do not allow it.

According to Article 10 of the All China Lawyers Association Rules for the Promotion of Lawyers' Business, lawyers and law firms must not engage in the following conduct when conducting business promotion: (5) promising the outcome of the case; (6) Declaring the success rate, the amount of compensation, the amount of the subject matter, and so forth, may cause the public to have unreasonable expectations of lawyers or law firms.

Article 32 of the Measures for the Administration of Lawyers' Practice stipulates that: "When a lawyer undertakes business, he shall inform the client of the legal risks that may arise in the handling of the entrusted matter, and must not make improper promises to the client about the outcome of the handling in an explicit or implicit manner";

Article 26 of the Code of Professional Ethics and Practice Discipline for Lawyers: "Lawyers shall follow the principle of honesty and trustworthiness, objectively inform their clients of the legal risks that may arise in the matters they entrust, and must not intentionally make inappropriate statements or false promises about the possible risks."

2. The role of a lawyer.

After understanding the above knowledge, many people will think, since they can't be sure whether they can win the lawsuit if they hire a lawyer, why do they still hire a lawyer?

A lawyer can help non-specialists.

In today's pluralistic society, the average person is best at dealing with problems within his or her own professional scope, but can only ask others for help with other professional problems. The same is true for finding a lawyer. If a person who understands the law and knows the law encounters a lawsuit, then he may not need a lawyer, and he can easily deal with all the things of the lawsuit.

However, if a non-professional wants to fight a lawsuit, he needs to understand various processes and legal documents, wasting a lot of time and energy. Moreover, if there is a mistake, you will fall into the trap set by the other party.

Therefore, a non-professional can ask a lawyer to help him quickly understand the legal process, collect relevant evidence, and formulate a litigation strategy. This frees up time for yourself to do other things, and you can.

Not only can we not promise to win, but we can't even promise to win.

The nature of the contract between you and the parties is different between you and the parties.

You don't make promises, the parties buy the best possible result that you "fought for", whether you win the lawsuit or lose the case, as long as you do your best. However, once you make a commitment, the party buys the probability that you promise to win the lawsuit, whether this probability is 100% or 70%, in short, the party will expect his money to be invested in it, and can exchange the result of winning the lawsuit according to the probability you said.

This raises an ethical problem: in most cases where a lawyer is involved, both parties have a lawyer. If the plaintiff's lawyer promises to win, and the defendant's lawyer promises to win, does that mean that there must be a lawyer who is defrauding his client?

Further, if the plaintiff's lawyer promises a 70% probability of winning the case, and the defendant's lawyer promises a 40% probability of winning the case, who is exaggerating his chances of winning and defrauding his clients?

Therefore, the Lawyers Law directly and rudely stipulates that no tickets shall be packed, nor shall specific probabilities be given, which solves this problem.

However, for lawyers in practice, it is a professional habit to try to circumvent the law to fight for the interests of their clients and themselves. If the person asks, "How sure are you of winning?" "A lawyer can not, but if you want to, there are good ways to make this issue legal.

Because no lawyer can promise to help you win the lawsuit. There are various variables in the process of litigation and it is often possible to change the outcome in an instant. Even if they are sure that they will win the lawsuit, the lawyers will not dare to commit to it.

Because if you can't win after a promise, it's equivalent to lifting a stone and shooting yourself in the foot. Therefore, for the sake of safety, lawyers are afraid to promise to win the lawsuit.

The reasons are as follows: one. In any case, it is difficult to obtain the full picture of the facts of the case based on the statement of one of the parties.

When obtaining the full picture of the facts of the case, it can only be through the court investigation during the trial, obviously, this is already a matter of the first process. Therefore, it is not objective for any lawyer to win a lawsuit based solely on the unilateral statements of the parties and the unilateral evidence obtained.

Two. Different cases have different levels of complexity, and they should not be packed. For example, in some difficult and complex cases, different legal practitioners may have different findings when examining them from different angles.

The judgment made by the court is sometimes changed by the higher court, and the lawyer should not pack the ticket for the client based on his own opinion alone, which to a certain extent, is irresponsible, and it is also a matter that affects the reputation of the lawyer.

A lawyer cannot promise to win a lawsuit because there is no absolute in the law, and the other party's evidence is not known, so the lawyer cannot easily promise.

Because lawyers are fair and impartial, they can't easily promise anyone that they can win the lawsuit, which is a contempt for the court, so they can't promise.

Hello, according to Article 32 of the Measures for the Administration of Lawyers' Practice (adopted by the Ministry of Justice on May 28, 2008), when a lawyer undertakes business, he or she shall inform the client of the legal risks that may arise in the handling of the entrusted matter, and shall not make improper promises to the client about the outcome of the handling in an explicit or implicit manner;

Article 16 of the Code of Conduct for Lawyers' Practice (adopted by the All China Lawyers Association on March 20, 2004): A lawyer must not make a promise to a client about the outcome of a case, and when a lawyer makes a certain judgment on a case based on the facts and law, he or she shall make it clear to the client that the judgment is only a personal opinion;

Article 26 of the Code of Professional Ethics and Practice Discipline for Lawyers (Revised by the All China Lawyers Association on November 26, 2001) Lawyers shall follow the principle of honesty and trustworthiness, objectively inform their clients of the legal risks that may arise in the matters they entrust, and must not intentionally make inappropriate statements or false promises about the risks that may arise.

The reason why the Ministry of Justice and the All-China Lawyers Association issued the above documents is mainly because the outcome of the litigation is affected by many factors, such as the evidence situation, the judge's inclination, the opinion of the trial committee, the litigation strategy, the professional level of the lawyer, the national policy, the intervention of power and other factors, among which there are controllable factors, such as litigation strategy and lawyers' efforts, there are also uncontrollable factors, and there are unknowable factors, such as the opinion of the trial committee, power intervention, etc., and there are also factors that may or may not be controllable. For example, the acquisition of evidence, the judge's understanding and inclination of the case, and even the mentality and mood of the presiding judge, among so many factors, the lawyer can only focus on the knowable factors.

In addition, the parties are likely to intentionally or unintentionally exaggerate the facts that are beneficial to themselves, downplay the facts that are unfavorable to themselves, or even not mention them at all, or may be limited to the parties' deviations in their understanding of the legal nature of the dispute, and these facts that are not clear in advance will change with the progress of the trial, or the facts that are mistakenly believed to be clear will change with the presentation of some evidence materials by the other party.

Lawyers cannot promise to win lawsuits, this is in accordance with article 32 of the Measures for the Administration of Lawyers' Practice, lawyers undertaking business shall inform the client of the legal risks that may arise in the handling of the entrusted matter, and must not make improper promises to the client about the outcome of the handling by explicit or implicit means.

In many cases, the client is indeed guilty, and the lawyer is just within the scope of his ability to exonerate him and reduce the crime, not that he can turn black into white.

Because the lawyer is only responsible for fighting the lawsuit, but it does not mean that the lawsuit can be won, the law pays attention to evidence, and after the defense and defense parties provide evidence, they must finally go through the court to review and adjudicate, so the lawyer cannot promise to win the lawsuit.

Mainly because of the outcome of the litigation, it is affected by many factors, such as the evidence situation, the judge's inclination, the opinion of the trial committee, the litigation strategy, the professional level of the lawyer, the national policy, the power intervention and other factors, among which there are controllable factors, such as the litigation strategy and the efforts of the lawyer, there are also uncontrollable factors, there are unknowable factors, such as the opinion of the trial committee, power intervention, etc., and there may or may not be controllable factors, such as the acquisition of evidence materials, the judge's understanding and inclination of the case, and even the mentality and emotions of the judge. Lawyers can only focus on the knowable.

In addition, the parties are likely to intentionally or unintentionally exaggerate the facts that are beneficial to themselves, downplay the facts that are unfavorable to themselves, or even not mention them at all, or may be limited to the parties' deviations in their understanding of the legal nature of the dispute, and these facts that are not clear in advance will change with the progress of the trial, or the facts that are mistakenly believed to be clear will change with the presentation of some evidence materials by the other party.

A lawyer is not guaranteed to win a lawsuit, but if you are going to fight a lawsuit, you must have a lawyer, because this is the law in our country. The main basis for litigation is evidence, and at the same time, the evidence must be in accordance with the relevant laws of our country. A lawyer is a person who specializes in dealing with the law, and many people are almost partial to the law, and when they are in a lawsuit, they have no way to list all kinds of evidence, so they have to find professional people to help them complete this matter.

Sometimes some people may feel that they know the law and understand the law, and at the same time their logical thinking ability is relatively strong, and they basically belong to the kind of lawsuit they have a chance to win, so they may want to do it without hiring a lawyer when they are in a lawsuit, and it is enough to go on their own, but at this time, if the other party hires a more tricky lawyer, you can easily get into the trap given to you by the other party's lawyer. Therefore, a lawyer is a person who understands the law very well, as long as you find a more professional and responsible lawyer, they will try their best to collect evidence to help you win the case. <>

And sometimes there is no way for a lawyer to guarantee winning a lawsuit, because the process of fighting a lawsuit is actually more complicated, and there are many things involved. Moreover, whether the lawyer can help you win the case is not only a matter of the lawyer alone, sometimes you have to need your help, and your performance in court also directly affects whether the lawyer can help you win the case. <>

And basically, there is always a winner or loser in a legal lawsuit, and it cannot be said that the other party can't win the lawsuit and won't hire a lawyer, sometimes a more professional lawyer may be hired, and with the joint efforts of this lawyer and you, you may be able to bring back a lawsuit that looks like a stable defeat. And the average lawyer will not be completely sure that you will win the case, no matter how good the odds are, and if you meet those lawyers who talk about it and promise you to win, you should be careful that they are likely to bring your case to a stalemate.

The biggest role of hiring a lawyer is to protect your own rights and interests, and at the same time, you can also defend yourself, respond to the opponent's appeal, file a lawsuit, and put forward your own demands, so everyone will hire a lawyer.