Difference between revisions of "China Criminal Defense Manual - Pretrial Preparation"

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'''The Purpose of the First Client Interview'''
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==='''The Purpose of the First Client Interview'''===
  
 
The defense counsel should meet with the client as soon as possible in order to gather preliminary information for building an effective defense.  In the first interview, the lawyer should inform the client of the legal procedures of his case and explain his role as the defense counsel.  If possible, the counsel should meet with the client within 48 hours after the latter has been placed in custody.
 
The defense counsel should meet with the client as soon as possible in order to gather preliminary information for building an effective defense.  In the first interview, the lawyer should inform the client of the legal procedures of his case and explain his role as the defense counsel.  If possible, the counsel should meet with the client within 48 hours after the latter has been placed in custody.
  
  
'''Establishing the Lawyer-Client Relationship'''
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==='''Establishing the Lawyer-Client Relationship'''===
  
 
The initial interview is the most important meeting that the defense counsel will have with the client.  The first impression is lasting and is key in shaping the client's judgment of the lawyer.  Therefore, the lawyer's primary objective in the initial interview is to establish an attorney-client relationship grounded on mutual confidence, trust and respect.   
 
The initial interview is the most important meeting that the defense counsel will have with the client.  The first impression is lasting and is key in shaping the client's judgment of the lawyer.  Therefore, the lawyer's primary objective in the initial interview is to establish an attorney-client relationship grounded on mutual confidence, trust and respect.   
  
  
'''''Listen to the client's story.'''''
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==='''''Listen to the client's story.'''''===
  
 
To be an effective interviewer and communicator, you must learn to use basic listening skills.  Try to understand your client's goals and concerns.  Tell your client that you are not there to judge him but are, in fact, trying to get him out of trouble using the most painless methods possible.  Let the client know that he has control of the interview, for example:
 
To be an effective interviewer and communicator, you must learn to use basic listening skills.  Try to understand your client's goals and concerns.  Tell your client that you are not there to judge him but are, in fact, trying to get him out of trouble using the most painless methods possible.  Let the client know that he has control of the interview, for example:
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'''In the client interview, what responsibilities does the legal aid lawyer have?'''
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==='''In the client interview, what responsibilities does the legal aid lawyer have?'''===
  
 
When interviewing the client, the criminal defender must inform the client about what he can and cannot legally do to assist the client and must advise the client of his client's rights.
 
When interviewing the client, the criminal defender must inform the client about what he can and cannot legally do to assist the client and must advise the client of his client's rights.
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'''Information to be obtained in initial client interview:'''
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==='''Information to be obtained in initial client interview:'''===
  
 
#Facts of the case relating to your client;
 
#Facts of the case relating to your client;

Revision as of 11:20, 20 April 2010