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Representing Tips for Lawyers for Litigation of Divorce

  • Time:2018-01-05
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Representing Tips for Lawyers for Litigation of Divorce
After entering the courtroom, the attorney shall consult with the client on whether to apply for a private hearing based on the presence of the audiences. If a public hearing is not favorable to the client, a written application should be submitted before the judge announces the commencement of the hearing.
Before and during the trial, the lawyer should pay attention to the emotion change of the parties, try to prevent any emotional conflict between the client and the other party. If there is a fierce conflict between the two parties in the process of litigation, the lawyer shall prompt the client to control his/her emotion and try to avoid pushing the client getting too excited. The lawyer may also ask the judge to get the process adjourned if necessary.
If the parties agree in writing of the property obtained during the marriage, property to be individually owned, the lawyer may request some compensation for the client if the client takes more obligations in raising the child or doing family work.
At the trial, when the judge asks the client about the private facts of the marriage, the lawyer should not answer it unless the judge agrees.
When providing evidence, the lawyer shall demonstrate the evidence, according to the court procedures, shows evidences one by one according to the list and explain the name of evidence, the source of evidence and the content of it.
When it comes to the cross-examination, the lawyer should focus on the authenticity of the evidence, relevance, legitimacy of the evidence and the power of proof, the lawyer should not engage in the use of any offensive or threatening language.
During the mediation process organized by the court, the lawyer should do his/her best to listen to each other's opinions, coordinate with the judge to the extent of not hurting the client’s interests unless agreed by the client. The client should understand the law that parties' opinions about the facts of a case that are compromised during mediations in order to reach a reconciliation agreement or for the purpose of reconciliation shall not be regarded as adverse evidence in subsequent proceedings.
 At the end of the hearing, the lawyer should read the record of the hearing before signing it, should the lawyer find any error in the record, the lawyer shall ask the clerk to correct that promptly.

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