How the Chinese lawyer respond to legal consultation

 2018-06-23  111

Chinese lawyers often respond differently to the same legal consultation because different Chinese lawyers think differently. An experienced practicing lawyer pays more attention to the first legal consultation of the client. Because the first legal consultation is more objective, direct, without any intentional cover-up. In Shanghai Nuo Di Law Firm’s opinion, we should focus on the following points to solve the legal consultation of the parties concerned comprehensively and systematically.

Firstly, the Chinese lawyer learns to listen, lets the party restore the fact completely as far as possible. At the beginning of a legal consultation, a lawyer may prompt a party to state the case in chronological order. At this point, the Chinese lawyer should ask fewer questions and cannot check the evidence, although he should make more records. The

lawyer's record is not only to record the client's statement, but also to summarize the questions to be understood and list the questions, which will be used in the next interaction. At this stage, the Chinese lawyer has a preliminary understanding of the case, but there is no right judgment yet.

Secondly, the Chinese lawyer actively collects and verifies the information and evidence, and restores the legal facts. After a basic understanding of the case, the Chinese lawyer can verify the required information and evidence according to the records. It is important to know that the facts considered by the parties sometimes differ from the legal facts, and that the facts considered by the lawyer should be supported by evidence and logic. Generally speaking, it is difficult for the parties concerned to provide the evidence comprehensively in the first consultation. At this time, the lawyer can use the existing legal facts as a condition for analysis and argument.

Thirdly, the Chinese lawyer shall think and compare several solutions and communicate with the parties concerned. According to the statements of the parties and the interactive discussions with the parties, combined with their own knowledge and experience, the Chinese lawyer can answer the legal consultation of the parties. Generally speaking, the solution is not the final and accurate solution at this time, because both the parties' statements and the lawyer's own judgment may be incomplete. Therefore, this time requires the Chinese lawyer to learn to think in another position, as the opposite of the litigant or the litigant, and repeat argumentation.

Finally, deliver the most complete solution to the parties. After the analysis and argumentation of the previous several stages and considering the depth or change of the case, the Chinese lawyer delivers the most feasible solution to the party concerned. A responsible Chinese lawyer will follow the client's legal case throughout the process and inform the client of the changes in the law in a timely manner.