Chaoyang Legal Consultation: A Few Suggestions for Defenders!
Time:
2022-08-22
Discussing the topic of defense attorneys may take a year and a half. In today's fast-food era, people prefer short and concise articles. Therefore, this article inevitably provides some suggestions for defense attorneys, hoping they can do better.
Chaoyang Legal Consulting
First, personally check the documents. For lawyers entrusted with defense, is it too much to ask to personally check the documents? However, some lawyers indeed cannot do this. A solo lawyer cannot avoid reading documents, but those in a team might.
Second, increase efforts in technical breakthroughs. Lawyers can be divided into idealists and technicalists. Idealists emphasize ideals and concepts and have a strong sense of justice. They enjoy grand statements in defense and often communicate at the conceptual level.
Third, master the skills of cross-examination. In our country's court trials, the attendance rate of witnesses is extremely low. With the introduction of simplified and expedited procedures and the lenient handling of guilty pleas, court trials have diminished, and witnesses have disappeared. Compared to Anglo-American countries, defenders have almost no opportunity to acquire cross-examination skills. Some defense lawyers have demonstrated their skills in questioning. We have not seen any qualified performances from our defenders in cross-examination.
Chaoyang Legal Consulting
Fourth, make good use of the rules of evidence. The rules of evidence are a shorthand for the judicial institution, and unfortunately, they are also a shorthand for defense attorneys. Not only are judges and prosecutors often unfamiliar with the rules and systems of evidence, but defense attorneys also do not have a deep and accurate understanding of the principles and rules of evidence, let alone their proficient use in court.
Fifth, defense speeches do not need to be too ornate. Defense is not a writing competition, nor is it a speech competition. Even with a defense, it is different from a high-performance debate competition. Unfortunately, literary level does not equate to defense level, and it raises doubts about the professionalism of the defense attorney, where the losses outweigh the gains.
Of course, there are more suggestions that can be provided to defense attorneys. The author has limited experience and can only skim the surface. Fortunately, many lawyers have rich experience in defense and are willing to learn with an open mind. They often learn from each other and will continue to practice.
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