A lawyer refers to a person who is entrusted or assigned to provide legal services such as litigation agency or defense business for the parties. Lawyers must pass the legal professional qualification examination and obtain the lawyer's practice certificate according to law before they can practice.
When a lawyer undertakes business, he needs to be entrusted in the name of a law firm. The law firm collects legal service fees, and then the law firm settles with the lawyer, and the lawyer's fees will enter the lawyer's account. When a lawyer accepts the entrustment, the agency contract signed needs to be stamped with the contract seal or official seal of the law firm, and the invoice issued needs to be stamped with the financial seal of the law firm. Lawyers charge fees privately, and the Judicial Bureau may impose administrative penalties, including fines, confiscation of income and suspension of practice. It can also be punished by the bar association and ordered to refund the lawyer fees charged in violation of regulations.
If the parties have difficulties at home and are unable to entrust a lawyer, they can apply to the local legal aid center for legal aid if they meet the requirements. The legal aid center is the official name of the government's legal aid institutions, and the judicial administrative departments of the people's governments of municipalities directly under the central government, cities divided into districts and counties determine the legal aid institutions within their respective administrative areas according to their needs. It is a specialized legal service institution established by the state, which provides free legal services for vulnerable groups who need legal services but are unable to hire lawyers due to economic difficulties and specific personnel who need legal aid according to the law but have not hired lawyers themselves. The purpose of establishing a legal aid center is to protect human rights and maintain judicial justice and balance.
The legal aid center is a lawyer's legal practice institution outside the law firm.
Therefore, if you encounter legal problems and want to consult, you can find a lawyer through the above methods.
How to find a free consulting lawyer
There are four ways to find a free lawyer and get free legal services from him:
1, call 12348 free legal service hotline;
2. I personally apply for help at the local legal aid center (written application and related materials are required);
3. Go to the lawyer window of the local court for consultation (not recommended);
4. Online consultation with free lawyers or legal acquaintances.
The main scope of legal aid is criminal defense and criminal agency, civil and administrative litigation agency, non-litigation legal affairs agency, notarization, legal consultation, drafting legal documents and other forms of legal services.
Legal aid can be applied to the Legal Aid Center of the Judicial Bureau, but it can only be applied if certain conditions are met. Methods of applying for legal aid:
1. The criminal suspect fails to hire a lawyer due to financial difficulties after the first interrogation by the investigation organ or the date when compulsory measures are taken;
2. The victims of public prosecution cases and their legal representatives or close relatives have not entrusted agents ad litem due to financial difficulties;
3. After the people's court accepted the case of private prosecution, the private prosecutor and his legal representative failed to entrust an agent ad litem due to financial difficulties;
4. In the case where the public prosecutor appears in court for public prosecution, the defendant fails to entrust a defender due to financial difficulties or other reasons. If the people's court appoints a defense for the defendant, the legal aid institution shall provide legal aid.
Article 23 of the People's Republic of China (PRC) Legal Aid Law stipulates that legal aid institutions shall provide legal advisory services through service windows, telephones and the Internet. Remind the parties of their right to apply for legal aid according to law, and inform them of the conditions and procedures for applying for legal aid.
Article 24 If a criminal suspect or defendant in a criminal case fails to appoint a defender due to financial difficulties or other reasons, he or his close relatives may apply to a legal aid institution for legal aid.
How do lawyers consult?
1. Go to consult with a purpose, and first think about what you want to consult before you can do a good job in consulting.
If you can ask clearly on the phone, you'd better call for advice. Of course, you need to know the lawyer's phone number first.
3 to the lawyer's office or residence consultation, must obtain the consent of the lawyer.
Be polite when you meet a lawyer, so that the lawyer will leave a good impression on you.
5. In the process of consultation, try to say what you don't understand, and try to say the questions in detail.
When the lawyer gives you an answer, you must listen carefully. When you encounter more complicated places, you must take notes, so the harvest will be better.
Under normal circumstances, telephone and WeChat can effectively answer some simple questions, without reading materials, and are suitable for parties who express clearly and do not need to elaborate too much background information.
If you need to elaborate more background information or the question is complicated, or you need to consult the information, you can make a simple consultation by phone or WeChat, but it may not be easy to achieve such an effect if you want to consult effectively and in detail.
Face-to-face consultation is indeed the most effective way to consult.
In order to ensure that the consultation can be fruitful, it is suggested that you can sort out the questions you need to consult before the consultation and understand the relevant background information that may be involved in advance. If you have any materials, you'd better bring them with you and let the lawyer check them in person, so that the lawyer can give an accurate answer and give an effective consultation plan.
Article 29 of the Lawyers Law of People's Republic of China (PRC) stipulates that when a lawyer acts as a legal adviser, he shall provide advice to the client on relevant legal issues, draft and review legal documents, participate in litigation, mediation or arbitration activities as an agent, handle other entrusted legal affairs and safeguard the legitimate rights and interests of the client.
legal ground
Article 28 of the Lawyers Law of People's Republic of China (PRC) A lawyer may engage in the following businesses: (1) Accepting the entrustment of a natural person, legal person or other organization to act as a legal adviser; (two) to accept the entrustment of the parties in civil cases and administrative cases, to act as agents and to participate in litigation; (3) Accepting the entrustment of criminal suspects and defendants in criminal cases or legal aid agencies to act as defenders according to law, accepting the entrustment of private prosecutors in private prosecution cases, victims in public prosecution cases or their close relatives to participate in litigation as agents; (four) to accept the entrustment and represent the complaints of various litigation cases; (five) to accept the entrustment and participate in mediation and arbitration activities; (6) Accepting entrustment to provide non-litigation legal services; (seven) to answer questions about the law and write litigation documents and other documents related to legal affairs.
Article 29 of the Lawyers Law of People's Republic of China (PRC), when a lawyer acts as a legal adviser, he shall provide advice to the client on relevant legal issues, draft and review legal documents, participate in litigation, mediation or arbitration activities as an agent, handle other entrusted legal affairs, and safeguard the legitimate rights and interests of the client.