Why can't lawyers guarantee that the case will win?

In the process of legal consultation and handling cases, lawyers often meet the parties and relatives and ask if this case can be won. Can the arrested person be released? Can you save your life? If you can't give a positive answer, they will be disappointed and even lose their trust in you. Therefore, in order to answer this question, I think it is necessary to make a detailed discussion.

Why can't lawyers guarantee that the case will win?

First, the Ministry of Justice and the National Lawyers Association explicitly prohibit lawyers from making improper promises about the outcome of cases.

Article 32 of the Measures for the Administration of Lawyers' Practice (adopted by the Ministry of Justice on May 28, 2008): "When undertaking business, a lawyer shall inform the client of the possible legal risks in handling the entrusted matters, and shall not make improper commitments to the client in an express or implied way";

Article 26 of the Code of Professional Ethics and Practice Discipline of Lawyers (all china lawyers association, 20061October 26th, revised +0 1 65438) stipulates that "lawyers should abide by the principle of honesty and trustworthiness, objectively inform their clients of possible legal risks in matters entrusted, and may not intentionally make inappropriate statements or false promises about possible risks".

The reason why the Ministry of Justice and the National Lawyers Association issued the above-mentioned documents is mainly because the litigation result is influenced by many factors such as evidence, judges' inclination, opinions of judicial committees, litigation strategies, lawyers' professional level, national policies, power intervention and so on. There are controllable factors, such as litigation strategy and lawyers' efforts, uncontrollable factors and unknowable factors, such as audit Committee's opinions and power intervention. There are also factors that may or may not be controllable, such as the acquisition of evidence materials, the judge's understanding and tendency to the case, and even the psychology and emotions of the presiding judge. Among so many factors, lawyers can only pay attention to the known factors.

Because lawyers are not fortune tellers, they can't talk nonsense, and they can't pretend to be experts to fool the parties with facts and situations they don't know. In addition, the parties may intentionally or unintentionally exaggerate the facts that are beneficial to them, downplay the facts that are not conducive to them, or even say nothing, or they may be limited to the misunderstanding of the legal nature of the dispute by the parties. However, these unclear facts will develop with the trial, or the facts that are mistaken for clear will change with the other party's presentation of some evidence materials.

Second, can lawyers operate in a "relationship" way?

As mentioned above, the parties may ask, since there are so many variables and the decision is in the hands of judicial personnel, why not conduct "relational" operations and deal directly with judicial personnel? Isn't this once and for all? This is also the naive idea of most parties, and it is self-righteous cleverness. From the perspective of interests, most judicial personnel will not risk losing their jobs by committing crimes to get greedy for this small interest; Even if the temptation of interests is huge, there is no windtight wall in the world, and judicial personnel who take bribes are always at risk of being investigated for criminal responsibility. In addition, especially in major criminal cases, those cases that pursue innocence, release people and save their lives, the "relationship" operation is even more lifeless.

Because the Criminal Law and the Lawyers Law clearly stipulate that it is illegal and criminal for lawyers to conduct "relationship operation", once caught, lawyers will also face the risk of losing their jobs and being convicted and punished, and the illegal interests of the parties will be liquidated again. Such cases have become commonplace in judicial practice. Therefore, this is undoubtedly a poison to quench your thirst, and it is the pain of losing your wife.

In addition, in judicial practice, in order to meet the needs of the parties, lawyers who operate in a "relationship" way often make unrealistic false promises, saying that they can handle it, no problem, and let people go, thus defrauding the parties of their money. After the parties found out that they were cheated, most of them suffered from no evidence to prove that the other party had received property, so they could only eat Huanglian. Of course, there are also lawyers who have been criminally investigated for fraud. Makedon, a former lawyer from Guangdong Province, and Wang Yingwen, a lawyer from Gansu Province, were both jailed for "taking connections" fraud.

Third, what should the parties and lawyers do?

Many people here have to ask, "relationship" is not enough, and lawyers can't guarantee the outcome of the case. What should the parties do? Under the national conditions of China, although lawyers can't guarantee and promise the outcome of the case, lawyers with professional level and professional ethics will influence the outcome of the case to the maximum extent and realize the interests of the parties to the maximum extent through their own skills and handling strategies. Those innocent cases, those major, complicated and difficult cases, all achieved ideal results through professional lawyers' efforts in accordance with the law and arguments, rather than through dredging "relationships."

If the parties want to solve the problem once and for all, it is obviously unrealistic. "Zhuge was cautious all his life." A lawyer with real level and professional ethics will not make false promises to his clients. Only a lawyer who has no professional ability and professional ethics will clap his chest to make a guarantee to the client. At this time, it is urgent for the parties to have a pair of "eyes".

Finally, the lawyer's reputation and case source depend on his own ability, quality and reputation. A good reputation is the golden signboard of a lawyer. To find a good lawyer, please go.