Face-to-face changing screen to screen for epidemic prevention and case handling
The impact of normalized epidemic prevention and control on lawyers' work
□ Our reporter Du Yang
"Adhere to our defense and debate opinions, and request the court to safeguard the legal rights of the defendant in accordance with the law." On April 21, Bian Zhibin, a lawyer from Beijing Tianchi Juntai Law Firm, delivered a final statement on a case through the cloud court in the law firm's conference room. statement of opinion.
After the trial, he read the transcript of the trial through the computer screen and signed it on his mobile phone.
"This is the fourth time I have participated in court trials this year, and they are all held online." Bian Zhibin told the "Rules of Law Daily" reporter that due to the impact of the epidemic, lawyers' working methods have also changed. Adapt as soon as possible, so as to better protect the rights and interests of the parties.
At present, the majority of lawyers and law firms, while strictly abiding by various regulations on epidemic prevention and control, are striving to shoulder their responsibilities, take responsibility, do their best to overcome various difficulties, innovate and try methods and methods, and strive to safeguard the legitimate rights and interests of the people.
Online office
"During the epidemic prevention and control period, lawyers changed their previous face-to-face communication, communicated through online conference platforms, WeChat conferences, etc., exchanged documents and materials by email, mailed documents, etc., understood the demands of the parties, and issued legal opinions." Bian Zhibin introduced to reporters that the internal communication of the lawyer team is mainly conducted through the corporate WeChat group, and the office automation system is used to complete the corresponding internal approval and review work to ensure the normal undertaking of the business.
"We have upgraded the network system of the entire firm during the period when lawyers are working from home to ensure that lawyers who hold online court hearings in the firm can successfully complete the court trial." Zhang He, director of the management committee of Beijing Tianchi Juntai Law Firm, explained that through the online The auxiliary system further improves the office automation approval process, improves work efficiency by intelligent means such as online office software and programs, and ensures that lawyers can communicate with clients smoothly during home office.
In Zhang He's view, promoting online office is an effective way to continue to undertake business during the epidemic prevention and control period, which can avoid some problems.
For example, once a law firm is blocked, it will make it difficult for lawyers to stamp official seals on documents, letters of introduction, etc., and online office can just solve this problem well.
In April this year, the office building of Beijing Yingke (Wuhan) Law Firm was closed for 5 days due to the need for epidemic prevention and control.
In the meantime, Zhang Heng, the lawyer of the law firm, received a notice from the consultant unit that he needed to go to the government affairs center with a letter of introduction from the law firm to inquire about relevant business.
According to regulations, lawyers cannot go to the law firm within the past 5 days. Because of the support of the online office system, Zhang Heng received a letter of introduction with an electronic official seal from the firm at home, and went to the government service center to handle the inquiry business the next day.
"Yingke launched the online office 'Law-Wit' system in 2020. Lawyers can apply for electronic seals online, and handle letters, contracts, lawyers' letters and other services." Beijing Yingke (Wuhan) Law Firm Management Committee Director Tao Huiquan said.
Zhou Zhiming, executive director of Beijing Guantao Zhongmao (Shanghai) Law Firm, said: "The law firm has applied for an electronic seal since the start of the epidemic, which has further improved a series of processes such as online filing, review, and electronic stamping, and at the same time redesigned the entire management model. Sort out, adapt to online needs, and improve work and decision-making efficiency.”
offsite collaboration
In mid-May, Chang Yanting, a lawyer from Hebei Sanhe Times Law Firm, and his colleagues needed to travel to other places for business due diligence. Before leaving, they consulted the local epidemic prevention and control policies and learned that they need to re-test nucleic acid after arriving at the destination. Testing, and requiring health observation for 3 days before travel, so the original due diligence process was affected.
"When handling cases in different places, it is necessary to isolate them locally, which not only wastes case handling time, but also delays the progress of other cases at hand and affects work efficiency. In response to this situation, we generally conduct business by cooperating with lawyers in different places, or It is to directly entrust a lawyer from another place to handle the case and continue to advance the progress of the case." Chang Yanting explained to reporters.
Also in May, Tao Huiquan, who was in Wuhan City, Hubei Province, went to Zhoushan City, Zhejiang Province to inquire about the seizure of the shares of the person subject to enforcement due to an enforcement case, so as to determine which court took the seizure measures first.
"Because of the local epidemic prevention and control policy, we were unable to rush over, so we contacted the partner lawyer through Yingke Ningbo Branch. He rushed to the Zhoushan Government Service Center the next day to inquire and gave feedback on the results in a timely manner." Tao Huiquan said that two weeks later, Wuhan The Municipal Intermediate People's Court contacted the Intermediate People's Court of Dalian City, Liaoning Province, which took the seizure measures for the first time, and smoothly transferred the right to dispose of the case. At present, the case has entered the evaluation and auction process.
Tao Huiquan said: "Lawyers who cannot go to the place to handle cases due to the influence of some local epidemic prevention and control policies can entrust lawyers from other places to help with case filing and file checking through the 'Law-Wit' system to ensure that their business will not be affected. In addition, The integrated and mutual cooperation mechanism of law firms within the Yingke system has also played a great role.”
"Tianchi Juntai currently has 25 branches. The integrated operation of the head office and branches is particularly important during the epidemic. It not only avoids the risk of epidemic transmission, but also saves lawyers' time and round-trip costs." Zhang He told reporters that in Under the circumstance that travel is restricted in some areas, the law firm will immediately start the internal lawyer team to jointly handle the case, put the interests of the parties in the first place, fully guarantee the high efficiency and high quality of handling cases in different places, and better protect the legitimate rights and interests of the parties.
benign interaction
Bian Zhibin believes that lawyers can keep their business work in an orderly manner during the epidemic. On the one hand, thanks to the rapid development of my country's Internet industry, lawyers' work has enjoyed technological dividends. On the other hand, it is inseparable from the court system's right to practice law. guarantee.
Zhang He said that "one-stop", "online case filing" and "people's court lawyer platform" provide lawyers with functions such as online case filing, online mediation, contacting judges, and online file reviewing, enabling lawyers to "run errands without errands. Effectively reduce the mobility of lawyers and improve the efficiency of case handling.
"I believe that with the continuous improvement of 'Internet + Smart Court', full-time, intelligent litigation services will play a greater role in service efficiency and bring greater convenience to lawyers' practice." Zhang He told reporters.
Regarding the intelligent development of the court, Zhou Zhiming believes that as a lawyer, we should catch up with the pace of court reform as soon as possible, improve personal skills in a targeted manner, and actively interact with the court to jointly study how to improve the efficiency of case trial.
"Online court sessions have also put forward new requirements for lawyers' work. Lawyers need to be familiar with various online processes and improve their adaptability." Tao Huiquan reminded that because on-site court sessions cannot be held during the epidemic prevention and control period, lawyers should do more adequately before the court. Conduct more comprehensive case analysis, make relevant preparations such as written materials, and supplement and reinforce evidence in a timely manner according to the trial situation of the case.
"In the long run, the courts will continue to optimize their service measures for convenience and create more convenient conditions for lawyers to practice, so that lawyers can contribute to the construction of the rule of law in China with a more positive attitude." Bian Zhibin believes that these measures not only allow lawyers to enjoy In addition to efficient, intelligent and convenient litigation services, it also further protects the right to know, the right to apply for pending investigation and the right to obtain evidence and the right to review the file, which is conducive to the establishment of a good working relationship between lawyers and the court with more mutual respect and close communication.