At the Internet there is quite large number of articles, with competent and not really councils, by what criteria it is necessary to choose the lawyer, on what it is necessary to pay attention in conversation with it, etc. But all these articles are written or lawyers or by their order that, you see, could not but be reflected in objectivity of the contents.
The councils and recommendations stated in this article too do not apply for absolute objectivity and universality. They will simply give opportunity to you, readers of InfoAdvisor.net, it is a little to look under another aspect at this problem, will give the chance to compare read to that you knew earlier, and to draw own conclusions.
Participation of the lawyer in business – need or waste of money?
In brief about, whether the lawyer in general is necessary or it is possible to win trial and without its participation? It is possible to win, of course. After all the judge independently gives a legal assessment to the produced evidence and at determination of legality of these or those acts of participants of process is guided by standards of the current legislation, but not opinion of the parties or their lawyers. But that's put that it will do all the conclusions and estimates on the basis of the produced evidence, testimony, the reasoned arguments.
You are sure, what will be able independently to produce to court all necessary evidence, without having missed something important? You can be sure what testimony of the person who was called in court session according to your petition, will be regarded by the judge how argument in your advantage, but not in favor of your opponent? You are sure, what will be able independently to formulate and ask the correct questions to the opponent and it is correct to answer his questions?
Besides, without having legal knowledge, at least within the considered case, it is very difficult to disprove arguments of other party and to adduce arguments in own favor. During court session usually the person worries, something forgets or loses sight, or on the contrary, gives information which it was necessary to hold back. Not all will be able to ask the opponent the inconvenient questions concerning his private life, some moments of the biography, etc. And it sometimes happens very important and it is necessary. Not all can do is connected and it is logical to introduce the ideas and arguments, especially being in the center of attention of several people and staying in an uneasy state.
As a result instead of the accurate, clear and reasoned statement of the position and the arguments, chaotic performance after which, it is necessary to hope only for impartiality and objectivity of the judge turns out. Participation in business of the lawyer relieves of the majority of above-mentioned inconveniences as performance of all this work, will be assigned to it, but, alas, will demand financial expenses. Anyway, the final decision remains for you.
In what cases, your lawyer will work for all 100%
And now let's pass to the main thing, namely: to what lawyer it is best of all to address and as it is possible to learn, whether he will be able effectively to represent your interests and to achieve result of consideration of the case, positive for you.
For a start ask yourself a question: "And what aim is pursued by the lawyer when gives the consent to participation in this or that business?". Here not really there is a lot of options.
1. The main goal of any lawyer, of course, to earn. Or being expressed more correctly, to receive worthy payment for the professional knowledge, abilities and the performed work. Because the good lawyer, as well as any professional, is not able to do anything else, and to live on something it is necessary. Naturally, anything shameful in it is not present. You cannot count seriously what the invited experts will execute repair in your apartment free of charge? In the same way affairs and with the lawyer are. Or you pay, or rely on own forces.
2. Sometimes, if business resonant and is riveted on it public attention, a question of payment, can be for the lawyer of secondary importance. On the first place there will be in that case an opportunity for implementation of own public relations, first of all in mass media. And it, as a rule, additional points to reputation and increase in the sum of the fees for participation in further affairs.
3. Its unwillingness to spoil the relations with the investigator, the prosecutor or the judge when the last, ask it to participate in business free of charge can be one more purpose of the lawyer when giving a consent to participation in business by him. Such in practice meet pretty often. Why? Because, according to the current legislation of a certain category accused the defender it has to be provided without fail. In particular, it concerns to minors. And what to do, for example, to the investigator who in production has a business on charge of 5-6 minors which parents cannot or do not want to pay service of the lawyer? If to address with the corresponding request in Bar, it is not known when and how many defenders they will be able to allocate. And after all with accused it is necessary to carry out urgent investigative actions (interrogations, reproduction, confrontations, etc.) at which carrying out participation of the lawyer obligatory. Here it is also necessary to appeal to familiar lawyers free of charge to take part in business. Naturally, promising some preferences further.
4. Cases when according to lawyers, they get down to business not because of money but only from professional interest, i.e. pursue the aim to achieve a justice celebration, it is possible not to take into account. In pure form, they make 0,0 … the % of total put in which the specific lawyer participated. I want to tell readers of InfoAdvisor.net that if such and it happens, in most cases, under expressions "professional interest" and "a justice celebration", it is necessary to understand the reasons listed in item 2 and item 3.
Here, perhaps, and all. Proceeding from the above, try to answer one question: "In what then cases your defender will work on business with the maximum return?". Personally I consider that similar it is possible only in case of coincidence of two factors:
- worthy (from the point of view of the lawyer) payments of the work performed by it;
- when he can count that your future positive reviews of its professional qualities which you will begin to extend among the colleagues, of acquaintances and relatives, will promote growth of its popularity and to increase number of potential clients.
And now we will try, conditionally, of course, to classify defenders on categories, proceeding, from their business qualities and we will try to define, this or that lawyer in a concrete situation will be how accepted.
Princes and poor legal professions
There are elite, demanded lawyers who usually represent interests of the large companies, of banks, politicians, simply rich people and which work, generally with the elected circle of clients. But it would be desirable to warn readers of InfoAdvisor.net: the representative of "middle class" who decided to use services of such lawyer risks to receive result below an average. Why? Yes because the high size of the fee in itself still guarantees nothing, and all your unflattering reviews of low-quality work of the lawyer will never become known to his major customers. After all you with them in usual life are not crossed, so, and will not be able to share negative information on work of the lawyer. How you think, whether your defender will give all the best for all 100% if foreknows, what from that, he will win or process, neither its reputation will lose, nor its image will not suffer in any way?
For the same reason it is worth thinking well before inviting the lawyer from other city or as it is now fashionable, from the capital. By the way, judges on places, very often with irritation perceive visiting experts because, as if the last did not hide it, in their manner of behavior the share of neglect and condescension in relation to provincial justice all the same slips. As a result the client suffers. Personally witnessed how replacement on "fashionable" from the regional center led at the last minute the regional lawyer to that the defendant got the maximum penal of imprisonment provided by the relevant article of the criminal code. And it in the presence of the circumstances extenuating fault, thus that the victim by accused refused the claims, and the prosecutor asked to impose the sentence which is not connected with imprisonment.
Contrary to the above category there are lawyers, whose level of the provided services leaves much to be desired. As a rule, it only beginners or the lawyers who are already finishing the career. Respectively, and payment they ask low, sometimes even not in terms of money. There was a case when to one good lawyer, the Azerbaijanians attracted for illegal trade activity, suggested to pay off vodka of own production. He, naturally, refused, but judging by that in court they had a defender, the person interested after all was.
In principle, to determine the level of training of the lawyer quite simply. In 90 cases from 100 works the simple rule: the more the lawyer promises and guarantees, the lower him qualification. Because there is a wish to eat, and clients are not present, here and all oaths and assurances of a successful completion of the most fruitless task are used. If you after all intend to use services of such lawyer, on it will be possible to buy rye bread, say that from it very tasty crackers turn out.
The lawyer can guarantee success only in one case: if he personally and well knows the judge considering case and only after preliminary consultations with this judge. But at once I want to warn, the cost of the solution of a question with "guarantee" is 2-3 times higher than the usual. In all other cases, guarantees and promises is a usual divorce of the client on money.
Here we also approached consideration of category which includes most of the practicing lawyers. Conditionally it is possible to call them a "average" class though among them there are many professionals who on the business qualities concede nothing to "elite" colleagues. With their participation, the vast majority of cases in court and, most likely, to them is considered, you will ask for the help if there is such need.
In their environment the highest level of the competition. On the one hand, it is incentive for work improvement of quality, and with another – leads to emergence, including, and on the Internet, articles and materials where, in my opinion, information concerning a certain part of lawyers moves in the distorted look.
So, practically all specialized Internet portals do not recommend to address to lawyers which representations are in the territory of court. It is based on that this category of defenders is in certain dependence on judges, so, can work in damage of interests of the client not to lose a warm place. Sounds seemingly logically, but! First, technical aspect of a question. Really you think, what the tenancy question in the building which belongs to the state organization, especially such how court, is solved at the level of the ordinary judge or the presiding judge? Usually similar decisions are made only according to the order (permission) of superior court, with the formulation "… for the purpose of ensuring the rights of citizens for legal protection" or something something like that. In that case about any dependence of the lawyer, especially from the ordinary judge, the speech cannot be. Secondly, work of the defender also consists in finding a common language with judges, if necessary to look for compromise solutions of a problem, to agree with participants of process, perhaps, in something to make concessions. Of course, all these actions, have to be carried out with the maximum accounting of interests of the client. And here the lawyer who has possibility of daily communication with judges and maintenance with them the informal relations, has additional chances. Excessive straightforwardness in judgments, "nepokobelimost", attempts to prove the case at any cost, almost always lead to the return result.
Also very often do not recommend to use services of the lawyer who is offered by the investigator. As well as in the previous case, council looks quite correct and logical, but only from the point of view of the blank theory. In practice and in real life very often everything happens on the contrary. First, if the investigator is remembered, so it is about a criminal offense. According to statistical data, the total of verdicts of not guilty on all criminal cases, makes about 0,6%. In other 99,4% of cases the accused are found guilty of commission of this or that crime. If you are sure of the full innocence and intend to achieve only the verdict of not guilty, then, really, the lawyer offered by the investigator will not suit you. In all other cases such option can be the most ideal. Why? Because for the investigator has no basic value, will condemn you for 10 years of imprisonment or will give one year conditionally. Believe that for it the main thing – existence of a conviction, not very well what. Here also opportunity for the lawyer at a stage of a pretrial investigation to try to soften as much as possible future charge is covered. For example, that in exchange for full recognition of fault charge of commission of another, etc., etc., options a huge number was not brought of commission of one crime. By the way, such practice is legalized in many foreign countries. And in this case the lawyer offered by the investigator will be the best solution.
To readers of InfoAdvisor.net I recommend to refuse services of the lawyer who does any conclusions on business after several minutes of conversation with you, without studying of documents. After all in the story you can distort something, to miss something or to hide, not to attach something significance. And for the lawyer to draw conclusions, without seeing documents, also dangerously, as well as for the doctor to treat the patient by phone.
Analyze questions which are asked by the defender during the investigation or court session. The good expert will never ask a question if does not foreknow what will be the answer to it unintentionally not to do much harm to the client. This rule was developed by lawyers still of imperial Russia, here its the few only adhere.
And the last. All lawyers offer the client same, and here for an identical set of services all will have different prices.