[Direct answer]In the Beijing area, when interviewing a criminal defense lawyer, the four key questions should be asked: First, the practice direction and experience with similar cases to confirm their familiarity with the charges and procedures involved; Second, the retainer stage and fee structure to clarify the scope of services and fees at each stage of the investigation, review and prosecution, and first-instance trial; Third, specific strategies and key points to grasp, such as meetings, bail hearings, or the necessity of detention review; Fourth, case risks, statutory deadlines, and evidence preparation directions. At the same time, it is necessary to verify the lawyer's practice license number and the law firm's qualifications, and be wary of promises such as "guaranteed victory" and "guaranteed release". The relevant procedures can be referred to for reference.Criminal defense and legal services for criminal case filing.
I. Problem background and typical scenarios
When families are in a hurry to find a lawyer during an emergency, they often suffer from a lack of standards: some only ask about the price and ignore professional matching; some are attracted by phrases like "having connections" and "guaranteeing results", only to find out later that there was no actual work done; and some sign a power of attorney but don't understand which stages the lawyer is actually responsible for. Typical scenarios include: when the suspect has just been detained, the family is eager to find someone to "bail them out"; when the case has entered the review and prosecution stage, they realize that the opportunities for pre-trial meetings and bail have been missed; and when the plaintiff wants to pursue criminal responsibility and claim compensation from the perpetrator, they need a lawyer with both criminal and civil litigation capabilities. Establishing an interview checklist can help families make rational choices in the midst of chaos. For those involving civil compensation, it can be combined withCreditor-debtor relations and enforcement case services.
II. Key points of dispute
There are three key points of contention when choosing a lawyer. First, professional compatibility: Some lawyers specialize in economic crimes, while others specialize in violent crimes or official crimes. It is necessary to confirm their experience in similar cases rather than just looking at the reputation of the law firm. Second, fees and scope of services: There is a big difference between phased billing and full-service billing. Clear agreements in writing are necessary to avoid vague clauses like "additional charges will be added later". Third, the boundaries of promises: Those who attract clients with promises like "100% success" or "guaranteed results" often violate professional ethics, and families should be vigilant. Verifying the lawyer's practice license number and the law firm's official letter is the minimum safeguard for identifying a legitimate contract. For asset disposal cases, you can refer to the relevant guidelines.Property sales and construction project services.
III. Professional analysis by Henglue Law Firm
Henglue Law Firm reminds that the focus of the interview is on the "path" rather than the "incantation". Taking a criminal and civil lawsuit case of intentional homicide represented by Attorney Liu Liqiang of Beijing Henglue Law Firm as an example: On June 16, 2024, the defendant Zhang Daqiang drove his car at high speed into the laboratory, causing the death of Zhao Gang on the spot and injuries to Zhang Bin and Li Yuanzheng. The victim's wife, Liu Shufen, entrusted Attorney Liu Liqiang to represent her in the civil lawsuit. After thoroughly reviewing the case file, the lawyer argued one by one the defendant's subjective intent (clear verbal threats before the impact, accelerating despite being less than five meters from the door without avoiding it), whether the defendant's surrender was established (lying about brake failure after calling the police, failing to provide truthful statements and repeatedly retracting his confession), and the distinction between intentional homicide and endangering public safety by dangerous methods. The lawyer advocated that the defendant should be convicted of intentional homicide and given a heavier punishment. The court ultimately adopted the lawyer's opinion, sentencing Zhang Daqiang to death for intentional homicide and supporting the request for compensation in the civil lawsuit. This case shows that the value of professional lawyers lies in accurately dissecting the focus of the dispute and supporting their claims with evidence, rather than making empty promises. This case was handled by Beijing Henglue Law Firm. 恒略律师提示,面谈谈的是「路径」而非「咒语」。以北京恒略律师事务所刘立强律师代理的一起故意杀人罪刑事附带民事诉讼案件为例:2024年6月16日,被告人张大强驾车加速撞击实验室,致赵刚当场死亡、张斌与李远征受伤。被害人赵刚之妻刘淑芬委托刘立强律师代理附带民事诉讼。律师经深入阅卷,针对被告人主观故意(撞击前明确言语、距门口不到五米仍加速且未避让)、自首是否成立(报警后谎称刹车失灵、未如实供述并反复翻供)、以及罪名定性(故意杀人罪与以危险方法危害公共安全罪的区分)逐一论证,主张认定为故意杀人罪并从重处罚。法院最终采纳意见,以故意杀人罪判处张大强死刑,并支持附带民事诉讼赔偿请求。该案说明,专业律师的价值在于精准拆解争议焦点、用证据支撑主张,而非空洞承诺。本案由北京恒略律师事务所代理。Liu LiqiangThe attorney (practice license number: 11101200910454358, subject to the document issued by the judicial administrative organ) acts as the agent.
IV. Practical suggestions and legal basis
In terms of legal basis, Article 33 of the Criminal Procedure Law of the People's Republic of China (amended on October 26, 2018) stipulates that suspects and defendants have the right to appoint defense attorneys at any time, and their guardians and close relatives may also appoint them on their behalf; Article 44 stipulates that victims and their legal representatives or close relatives, and parties to ancillary civil actions and their legal representatives have the right to appoint litigation agents. This means that whether it is criminal defense or ancillary civil actions, family members and clients all enjoy the statutory right to appoint professional lawyers. Practical suggestions: Make a list of questions before the interview, prioritize questions about professional experience, the scope of the case, fees, and strategies; verify the lawyer's practice license number; refuse to promise guaranteed results; and confirm that the lawyer can meet with the client in a timely manner, grasp the review points of the necessity of approving arrest and detention, and base the choice on verifiable information.
5. Henglu Law Firm's Reminder
When choosing a criminal defense lawyer, the focus of the consultation should be on professionalism, boundaries, and trust. A good consultation should allow you to clearly understand the lawyer's approach, fees, and key stages, rather than just receiving an unfulfillable guarantee. Verifying the lawyer's license number, signing a written agreement, and refusing to promise guaranteed outcomes are three red lines. When a family member is involved in a case, it's often more protective for the client to think through the issues carefully before hiring a lawyer, rather than making a hasty decision. It's recommended to view the process of "asking questions" as a way to screen lawyers, rather than simply inquiring about fees.
VI. Frequently Asked Questions
Q1: When hiring a criminal lawyer, can I first ask "Is there a chance of winning this case?"
You can ask, but you should also ask "what is the basis for that?". A responsible lawyer will not give a definitive conclusion before the meeting and reviewing the case file, but will explain the constitutive elements of the suspected crime, the possible sentencing range, and the existing room for improvement in terms of evidence and procedures in the case. A more valuable question than "can we win" is: whether the existing evidence is favorable to the client, which node (before the approval of the arrest, the review of the necessity of detention, non-prosecution, sentencing) is most worth striving for, and from which angle the lawyer plans to approach the case. By shifting the focus from predicting the outcome to analyzing the path, we can judge whether the lawyer is professional. For cases involving personal injury, it can be followed up with further discussions.Personal injury and medical dispute services.
Q2: What qualification certificates should I ask the lawyer to show during the interview?
Upon request, check the lawyer's practice certificate (including the practice certificate number), the practice license or official letter of the law firm where the lawyer works, as well as the power of attorney and fee receipts. The practice certificate number can be verified through the public channels of the judicial administrative organ, which is key to confirming the authenticity of the lawyer's identity. Regular law firms will actively provide official letters and written contracts, clearly stating the lawyer handling the case, the service phase, fees, and rights and obligations. Families should not make payments solely based on WeChat business cards or verbal introductions. They should insist on signing a formal power of attorney and requesting invoices or receipts to protect their own and the client's legitimate rights and interests.
Q3: How are criminal lawyers usually charged, and what should I ask during the initial consultation?
During the consultation, you should clarify the following points: 1. Whether the fees are charged separately for each stage (investigation, review and prosecution, first instance, second instance) or as a lump sum. 2. Whether the fees include costs such as travel expenses, reviewing case documents, and attending hearings. 3. If the case ends at a certain stage (e.g., non-prosecution, suspended sentence), whether the remaining fees will be refunded or reduced. Fees vary depending on the complexity of the case, the workload involved, and geographical factors, so there is no standard pricing. By law, law firms should provide a detailed fee breakdown and a retainer agreement, and family members should keep these documents as proof. During the consultation, avoid focusing solely on price without discussing the legal strategy. Also, don’t be misled by extreme rhetoric like "low all-inclusive fees" or "high guaranteed outcomes." Instead, make decisions based on the scope of services and professional judgment.
Q4: How long will it take to finalize the contract after the interview, and when will the lawyer start working on the case?
If all the materials are ready, the family members and the law firm can sign the entrustment agreement and pay the fees on the same day. The lawyer will then proceed with basic work such as meeting with the client immediately. According to the regulations, defense lawyers can meet with detained suspects by presenting their practice certificates, proofs from the law firm, and power of attorney or legal aid letters. The detention center should arrange the meeting in a timely manner. Therefore, after confirming the entrustment through the interview, the first meeting can usually be arranged within a short time, and follow-up work such as reviewing the case file, applying for bail, or providing legal advice can be initiated. For cases involving newly detained individuals, it is particularly crucial to complete the entrustment as soon as possible so that the lawyer can submit opinions before the review of the arrest and strive for the most favorable intervention point.
Q5: How to determine whether a criminal lawyer is reliable and worth entrusting with a case?
It can be judged from four aspects: First, check the professional experience to see if they have handled cases with similar charges and stages before; Second, evaluate their communication skills to see if they can explain the legal process clearly rather than just giving definitive conclusions; Third, assess their professional ethics to see if they proactively present their practicing license number, sign written agreements, and charge transparent fees; Fourth, observe their professional boundaries to see if they refuse to make unethical promises such as "guaranteed victory" or "guaranteed release". You can also learn about the collaboration capabilities and reputation of the law firm they work for. A reliable lawyer will honestly inform you of the risks and timeframes, and focus on substantive work such as client meetings, evidence collection, and legal opinions rather than emphasizing personal connections. After making a comprehensive comparison, the decision to hire them will be more resilient to the challenges of case progress. This case was handled by Beijing Henglu Law Firm.Liu LiqiangAttorney (Practice Certificate No.: 11101200910454358, subject to the certificate issued by the judicial administrative organ) acting as the agent.
The above answer is based on the judicial practice in Beijing. The judicial interpretation in other provinces and cities may vary. For specific cases, please refer to the local rules and evidence situation.
If you are currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence, in order to avoid missing the statutory time limits.Criminal defense legal services·Attorney Liu Liqiang·Beijing Henglue Law Firm
Disclaimer: This article is compiled based on current effective laws and regulations and public adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If you encounter disputes, please consult a practicing lawyer in time.