What does an executive lawyer do?

What does an executive lawyer do? Many people may think that the enforcement lawyer only needs to submit the application form and other materials to the court executive board, sit in the office and make a phone call every three to five times to ask about the progress of the judge's property clue search.

In that case, I'm afraid the enforcement lawyer can't do anything about some difficult cases, especially those after the final version.

So what does the executive lawyer really need to do? Based on the team's many years of experience in handling cases, we believe that the most important and valuable work of executive lawyers is embodied in the following four aspects:

First, dig out the clues of high-quality property beyond the "four investigations" of the court to bring the case back to life.

After the litigation case enters the execution procedure, the court will generally inquire about the deposit of the executed person from the bank, the equity of the executed person from the industrial and commercial department, the property of the executed person from the land and housing management department, and the vehicle information of the executed person from the vehicle management department.

The above four most common investigation and control measures, also known as the "four investigations" of the court, have strong credibility. Therefore, many parties and attorneys put all their hopes of implementation in place on the investigation and control work of the court.

However, many times, after exhausting all means of inquiry, the court still can't find the property clues that the person subjected to execution can execute. At this time, the case will enter the final procedure, which is a prominent manifestation of "difficulty in execution".

Due to the limitation of objective conditions such as manpower, policy and region, the court's investigation and control measures are bound to have various limitations, which just provides a space for executive lawyers to show their own value.

Especially after the execution of the case enters the final procedure, the court will stop searching for the property clues of the executed person, and the possibility of resuming the execution of the case is slim only by the attention and tracking of the parties to the executed person.

Professional and excellent executive lawyers will form a set of property clue mining methods through continuous learning and accumulation. In the case of unsuccessful court search, use professional methods and abilities to explore hidden property clues and bring the case back to life.

Two, before submitting the application to the court, complete the screening and demonstration, and formulate supporting programs.

Some law enforcement lawyers are excited and nervous after hard work to obtain property clues, fearing that "sleeping" will make property clues out of control, so they will immediately apply to the court for compulsory measures against clues.

There is nothing wrong with pursuing speed, but if you blindly apply to the court for measures without thoroughly understanding the state, advantages and disadvantages of property clues and making the next plan, it will not only fail to achieve the efficient purpose, but will increase the cost of trial and error, waste the court's handling resources, and at the same time make the judge doubt the professional ability of lawyers.

An experienced and excellent executive lawyer will never rashly apply to the court without making full preparations. They will at least do the following work to make themselves confident in implementing the application:

1. Understand the attribute, state and internal and external relations of property clues.

We often encounter some seemingly high-quality real estate clues, which are found to be worthless after several investigations and demonstrations.

Therefore, before submitting an application to the court, the enforcement lawyer should comprehensively investigate and verify all the facts of the clue.

For example, when finding clues about the property of the person being executed, we must first find out whether the ownership of the property is controversial, whether there is a mortgage, and whether there is priority seizure. To confirm whether the clue has the right to dispose of it.

This step can screen out most worthless property clues, reduce the error rate of clue submission, and lay the foundation for the follow-up work.

2. Prioritize the property clues and choose the best clues.

After preliminary confirmation, if many clues are in normal disposal, does the enforcement lawyer apply to the court to take measures for all these clues in order to gain a greater chance of winning?

From the probability point of view, it is true that the more clues, the greater the probability of taking measures, but this is not the case in reality.

Usually, the court will not accept a single application for exceeding the execution of property clues. Even if it is acceptable, if the first few clues are not implemented smoothly, then the judge will inevitably doubt the quality of the last few clues, thus reducing the success rate.

Therefore, the number of clues submitted to the court at one time should be less than five. If the number of clues is large, the enforcement lawyer needs to comprehensively evaluate and sort the clues and submit the best property clues to the court.

This step is not easy, and it requires the enforcement lawyer to form enough keen observation and judgment through long-term experience to achieve a low error rate.

3. Accurately classify property clues and give specific implementation plans.

There are many kinds of property clues in case execution, such as bank deposits, movable property, real estate, projects under construction, mining rights, equity, creditor's rights, etc.

Different types of property clues have different implementation measures and steps.

For example, for bank deposits, the enforcement lawyer only needs to apply to the court for freezing deduction.

For creditor's rights, the enforcement lawyer needs to determine the status of creditor's rights (whether it has expired) first. For the unexpired creditor's rights, it is necessary to apply to the court for measures such as freezing; For the creditor's rights that have expired, it is necessary to apply to the court to enforce the property of the third party.

For equity, the situation is even more complicated. Before formally applying to the court for enforcement measures, the enforcement lawyer needs to apply to the court for obtaining various business statements, and if necessary, apply to the court for auditing and other work to obtain evidence of the equity involved.

Professional execution lawyers will not submit all the property clues to the court at one time, and then passively wait for the court to deal with them, but will accurately classify the property clues and give specific implementation plans.

Three, proficient in transfer application details and investigation skills, the rejection rate continued to decline.

In enforcement cases, lawyers often need to apply to the court for investigation and evidence collection, but this process is often full of obstacles, which is a "shadow" that many enforcement lawyers cannot erase.

It is an objective fact that no executive lawyer can predict, let alone avoid, that he will not be rejected in the investigation.

However, there is also an objective fact: the rejection rate of professional excellent enforcement lawyers in the transfer application and warrant investigation is much lower.

In fact, there are two reasons why enforcement lawyers encounter obstacles in the investigation. One reason is that the relevant departments really refuse to cooperate, and the other reason is that the enforcement lawyer is unprofessional and irregular in the process of applying to the court for an investigation order and holding an investigation order, and there are obvious loopholes, which leads to the investigation being blocked.

Good enforcement lawyers usually avoid the second situation, such as ensuring that the application for investigation order submitted to the court is complete and specific, with accurate wording, correct header and easy verification. ......

Another example is to master communication skills in the investigation of wanted warrants, find the right department and the right person, and provide necessary help to the respondents. .......

Fourth, master the chips that force the person subjected to execution to perform the debt and quickly promote reconciliation.

When the execution of a case has made progress, it is common for the person being executed to send a reconciliation signal because of pressure.

However, this does not mean that the person subjected to execution is really willing to pay his debts through reconciliation. The executed person is sometimes "cunning", which is probably just their "delaying tactics".

At this time, inexperienced enforcement lawyers will easily fall into the "trap" of the person being executed and fall into repeated negotiations for a long time. In the end, he still couldn't speak normally.

Good enforcement lawyers usually find out the property clues that play a key role in restricting the executed person, apply to the court for enforcement measures, and then negotiate with the executed person.

When holding important chips, the executing lawyer can lead and control the negotiation, reach a settlement agreement with the executed person "slowly and steadily, accurately and mercilessly", and design as many relief clauses as possible for the parties in the settlement agreement to help them avoid risks to the maximum extent.

Five, to provide ideas and solutions for judges, to help and promote judges to handle cases.

Some enforcement lawyers sometimes complain that the progress of enforcement judges is not satisfactory or it is difficult to communicate.

In fact, many times, this is only the unilateral position and feeling of the enforcement lawyer.

Most executive judges are no less stressed than lawyers. They are faced with the workload pressure of too many cases and too few cases, and the assessment pressure of the settlement rate. No one wants the case at hand to be executed as soon as possible.

In handling the case, the executive judge will be very helpless, confused and even unable to start.

After the court accepts the application, does the executive lawyer stand aside and "watch" the work of the executive judge, calling from time to time to urge the progress? Or participate in it, plan the ideas of each link in advance, foresee possible problems, and then make a good response plan in advance?

Two different communication methods will produce two completely different case handling effects.

The so-called benign communication does not depend on how good the eloquence of the executive lawyer is, or how high the ability to observe words and observe colors is. But when the executive judge is in doubt, he gives reasons and arguments to strengthen his confidence; Analyze the advantages and disadvantages when the executive judge is hesitant to help him make a decision; When the executive judge has no precedent to refer to, he will give reference opinions and even refer to the template to help him create the "first case" smoothly. ......

The role of an executive lawyer in the execution of a case should never be a follower role that depends on the court and the judge, but a peer role that can be well coordinated with the judge.

Jiangsu Zezhi Law Firm —— A law firm specializing in difficult and complicated execution cases.