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What exactly is a lawyer’s witness?

Legal subjectivity:

Lawyer witness Lawyer witness, different from other personnel witness, specifically refers to the testimony conducted by a practicing lawyer of a law firm as a witness in the name of the law firm , is a "private certificate", but has strong probative power. Lawyer testimony can generally be carried out with reference to the operating guidelines compiled by the Lawyers Association, which have strong legal norms and principles. 1. Accept the entrustment of the parties and sign the entrustment witness contract. First, the parties concerned should submit documents that can prove their identity, explain the matters entrusted to witness, and submit relevant documents, materials and evidence. Lawyers should prepare transcripts during this process and review whether the entrusted matter falls within the scope of testimony. For those who meet the witnessing conditions, the law firm and the party shall sign a witnessing contract; for those who do not meet the conditions for lawyer's witnessing or do not fall within the scope of lawyer's witnessing, or the matters witnessed are untrue and illegal, the witnessing will not be allowed. 2. Review. After accepting the entrustment, the lawyer should carefully review the materials provided by the client. This is a necessary procedure for witnessing. The content of the review includes the identity of the parties and their agents, the various materials provided by the parties, the legal act itself and other relevant information, as well as the review of the authenticity and legality of the act. If after review by a lawyer, the lawyer believes that there are imperfections or doubts, he should promptly ask the party to make necessary supplements, or conduct necessary investigations and collect relevant evidence and materials according to the situation. 3. Witness. The witness lawyer who accepts the appointment goes to the scene in person to witness the completion of specific legal acts. This process does not require a lawyer's analysis, judgment, or reasoning. It is the lawyer's responsibility to respect objective facts. At this stage, the lawyer's production of transcripts, audio recordings, and video recordings is the focus that the lawyer should grasp. 4. Issue witness opinions. If the matter witnessed by a lawyer is true and legal, the lawyer shall issue a lawyer's witness certificate within the time limit specified in the witnessing contract. The lawyer shall sign the witness certificate and the law firm shall stamp it. The editor reminds you that in our country, lawyer's testimony is still a "private certificate" and must be verified to be true according to law before it can be used as a basis for determining facts. Unlike the probative power of notarization, notarization can generally be used directly as evidence. The above is the relevant information summarized for you. I hope it can help you. This website is committed to creating an excellent legal consultation platform. If you still have questions, welcome to enter the lawyer consultation. Legal objectivity:

According to Article 1135 of the Civil Code, which took effect on January 1, 2021, a will must be witnessed by two or more witnesses, and one of them shall act on his behalf. The document shall be signed by the testator, scrivener and other witnesses, and shall be marked with the year, month and day. Article 1136 of the Civil Code The printing of a will must be witnessed by two or more witnesses. The testator and witnesses should sign each page of the will and indicate the year, month, and day. Article 1137 of the Civil Code: A will made in the form of audio and video recordings must be witnessed by more than two witnesses. The testator and witnesses shall record their names or portraits, as well as the year, month and day in the audio and video recording. Article 1138 of the Civil Code: In critical circumstances, a testator may make an oral will. An oral will must be witnessed by at least two witnesses. After the critical situation is eliminated, if the testator is able to make a will in writing or in the form of audio and video recordings, the oral will will be invalid.