Detours and misunderstandings of consulting lawyers

I remember a joke I once saw. The general idea was that a person was arrested by an official employee. When someone asked him why he was arrested, he said, "This is just a piece of luck. I walked down the street, when I saw a rope and thought it was useful, I picked it up. "The passers-by was very strange and said," I caught you just for a rope. How can I?" This person replied, "do you want to say that I am running my luck? The other end of the rope I picked is holding a cow !"
Just listen to jokes. When a lawyer receives a consultation from the client, he often talks about it. This may lead to something wrong! Although it is convenient to consult on the Internet, the communication method is limited. Because the consultant has no intention or deliberately expressed an error when introducing the case, many detours may lead to misunderstandings, in addition to failing to achieve the Consulting Results, it may also lead to mistakes. Here are some examples for you:
First: intentionally conceal important cases.
A consultant asks a lawyer if both compensation for mental damages and compensation for death can be obtained. A lawyer answers the question in accordance with the Judicial Interpretation of compensation for personal injury of the Supreme Court, compensation for mental damages and compensation for death are two different types of compensation that can be done simultaneously. After obtaining a positive answer from a lawyer, the consultant immediately pleaded guilty and said that the court of the case ruled that the two sides could not have both sides. The same was true for the first case and the second case, and the appeal was rejected! Great grievance!
In another detail, this case occurred many years ago and was ruled out. At that time, the Supreme Court's judicial interpretation on compensation for personal injury was not yet published. According to the current regulations and judicial practices, the two are indeed the same. If they are reasonable or not, the decision at that time is unlikely to be overturned.
The consultant has gone through first-, second-, and appeal. He should contact the judges and lawyers several times, saying that he does not know the validity period of the judicial interpretation and its relationship with the case. I am afraid it is unlikely. It is understandable that the consultant often tries to give it a try with a glimmer of hope. But if he doesn't make it clear at first, what is the use of the answers he gets even if they are good for him? What else can I do if I follow this response?

Second, you are not clear about your situation.
A consultant asked, "How should we resolve a dispute between several shareholders of our company and consider disbanding the company or withdrawing a shareholder ?"
In accordance with the relevant provisions of the Company Law, lawyers have introduced to him the company's dissolution and withdrawal of shareholders.
I don't know much about it. Later, the consultant called me again and asked me again that the so-called "company" was not registered in the Industry and Commerce Department. It was just a private partnership, the so-called "shareholders" are just their own understandings and definitions.
In addition, there are also people who claim to be "divorced". When asked again, there is no marriage certificate, just a cohabitation relationship, and so on.

Third, I did not notice the differences between regions.In addition to common national laws, regulations, and judicial interpretations, China has many local regulations and documents, and even some local courts have some internal meeting minutes, in the absence of clear provisions or disputes in laws, regulations, and judicial interpretations, the identification may vary across regions. In particular, civil cases other than economic disputes are more common.
A consultant asked me about the advance payment responsibility for handling traffic accidents. After I answered the question in accordance with the Traffic Safety Law and relevant implementation regulations, the consultant said, "how is the regulation on the Measures for traffic accidents in Guangdong ". I can only advise the consultant to consult a local lawyer.
Although lawyers are not subject to region restrictions, they cannot understand all the laws, laws, and local regulations. In general consultation, lawyers can only make relatively accurate answers to what they are good. If you want to represent a remote case, lawyers will naturally try their best to know whether there are special local regulations in the local area. However, in general consultation, lawyers cannot do so much work. This consultant is far away, obviously not wise.
(Speaking of local regulations, let's talk a few more things: "Although local regulations, documents and internal meeting minutes of some courts sometimes conflict with laws and regulations, many of them are not legal, but from the perspective of practice, we must first understand the content of these local regulations, documents, and meeting minutes, then, judge and analyze based on the specific case. If you really want to do it, it is impossible to solve it in consulting .)
Lawyer Yang wenzhan from Beijing:
1. deceiving your own agent is equivalent to hiding your ears and alarms.
When introducing the situation to a lawyer, the parties who intentionally bent around or concealed the case should understand that it would not be a waste of time or mistakes, but I am afraid it would be of no effect, unless you can ensure that the things you want to hide are not known to others, you 'd better introduce them to the lawyers truthfully and clarify important issues. Otherwise, the consulting service will receive a favorable response, which will affect the judgment or misoperations. If you deliberately conceal something, you can only let your attorney know from the other party if you go to court, i'm afraid you will eventually lose yourself.
2. select an appropriate consulting method based on the complexity of the case.
In terms of consultation methods, online consultation, telephone consultation, and interview are offered in practice. Generally, online consultation and telephone consultation are free of charge. If the case is relatively simple and the legal issues involved are relatively simple, you can directly consult online or by phone.
However, if the problem is relatively complex and still persists after consultation via phone, we suggest you choose a suitable lawyer interview in the above method to avoid mistakes.
In addition, to avoid misunderstanding caused by regional differences, it is recommended that you contact a lawyer at your location or litigation location through Internet or telephone consultation.
It is indeed complicated. I suggest you hire a lawyer to represent the case after consulting the case. Generally, the case will be carefully cleared before and after the case is handled, cleaning is different from understanding the case in general consultation.
3. consult a lawyer to make preparations in advance and make the most important possible.
Online consultation sometimes involves thousands of words or even tens of thousands of words, which I basically don't know. If things are simple, why not use this method? Cannot be simplified? If the problem is really complicated, it cannot be solved by consultation on the Internet at all. We should bring along the materials to contact the specific lawyers for an interview.
If you think things are simple, but your ability to summarize and summarize is not very difficult and cannot be refined, you are advised to communicate via telephone consultation or interview with a lawyer about the time. These communication methods are relatively direct, more interactive.