Legal service refers to the services provided by legal persons or natural persons to realize their legitimate rights and interests and improve their economic benefits; A professional activity in which lawyers are hired to provide services with their legal knowledge and skills, eliminate illegal infringement and safeguard their legitimate rights and interests. As the name implies, a legal service office is an organization where legal workers provide legal services to other legal persons or natural persons.
Grassroots legal service offices are legal service organizations established in towns and urban streets according to the Administrative Measures of the Ministry of Justice for Grassroots Legal Service Offices, and they are the practicing institutions of grassroots legal service workers. It is a market intermediary organization which is located in towns and urban streets and provides legal services to the society.
What is the business scope of the legal service office?
1. Apply for legal adviser: act as legal adviser to towns, street governments and their administrative departments, villagers' committees, township enterprises, institutions, rural contracted business households, individual industrial and commercial households, private enterprises, individual partnership organizations and citizens in their respective jurisdictions.
2. Acting as an agent in civil, economic and administrative litigation.
3. Acting as an agent for non-litigation legal affairs: reviewing legal service documents such as contracts, agreements and articles of association, participating in negotiation, coordinating arbitration activities, applying for administrative reconsideration, acting as an agent for cooperation, guarantee, property division and other single civil, economic and legal affairs.
4, presided over the mediation of disputes with property interests, economic disputes, labor disputes, production and operation disputes and civil disputes.
5. Answering legal consultation: answering legal questions, ways and means of various specific legal affairs and policy consultation.
6. Writing legal affairs documents: litigation legal affairs, non-litigation legal affairs and other documents with legal significance.
7. Assisting in notarization: assisting in the pre-registration service, notarization application, related matters in the process of obtaining the certificate and post-registration service.
8. Certification: On the basis of actively carrying out the notarization business of the co-organizers, at the request of the parties, some agreements or contracts with single content, clear rights and responsibilities, small target amount and short performance period can be examined and certified, and the performance of the agreements or contracts can be supervised.
9. Assist judicial assistants to carry out legal publicity and education and other related business work.
The difference between a legal service office and a law firm.
1, the background is different
China established a law firm as early as the early days of the founding of the People's Republic of China, and it was revoked in 1957. 1978 After the Third Plenary Session of the Eleventh Central Committee of the Communist Party of China, the lawyer system was gradually restored throughout the country, formerly known as the Legal Advisory Office, and changed its name to a law firm around 1985.
Legal service office, also known as law firm or legal service center, is a legal service institution with China characteristics, which is produced in the grass-roots judicial administrative work under the situation of reform and opening up. 1985 or so, grassroots organizations such as towns and villages all over the country have set up judicial offices, and legal services are an important work of judicial offices. 1990 or so, some judicial offices are separated from legal service offices, some towns and villages are staffed with two brands, and some county (city, district) judicial administrative organs set up central legal service offices.
2. The foundation is different.
The law firm was established in strict accordance with the law when it resumed its establishment. That is, it was established according to 1 the Provisional Regulations on Lawyers in People's Republic of China (PRC) adopted by the 15th meeting of the Standing Committee of the Fifth NPC on August 26th, 980.1997+1October1was later established according to the Lawyers Law of People's Republic of China (PRC).
The legal service office is established according to administrative regulations or with the approval of judicial administrative organs. Therefore, the legal basis for their establishment is not only different, but also the effectiveness of the laws and regulations they are based on is different.
3. Different business scope
The business scope of lawyers in law firms is the seven business scope stipulated in the Lawyers Law, while the business scope of legal workers in legal service offices is limited to providing legal help, legal consultation and representing non-litigation legal affairs for citizens and grass-roots units according to the provisions of the Ministry of Justice.
The biggest difference between them in business scope is that lawyers can act as defenders of criminal suspects and defendants in criminal cases and meet directly in detention centers; Lawyers do not have these rights, and only lawyers can do high-level legal services such as financial securities and foreign-related real estate.
4. Different qualifications.
Article 6 of the Lawyers Law stipulates: "The state practices a unified examination system for lawyers' qualifications. Personnel with college degree or above in law major in colleges and universities or with equivalent professional level, and those with bachelor degree or above in other majors in colleges and universities, who have passed the lawyer qualification examination, shall be granted lawyer qualification by the judicial administrative department of the State Council, have been practicing in a law firm for one year, and can independently engage in lawyer business after passing the examination and obtaining a lawyer practice certificate.
The qualification of legal workers in legal service offices has neither strict academic requirements nor the difficulty of national unified examination. As long as you have good political and ideological quality and have been trained by legal professionals, you can engage in this work.
5. Establish different procedures and conditions.
The establishment of a law firm requires strict examination and approval procedures. At the same time, it requires a minimum registered capital of 654.38 million yuan, at least three full-time lawyers, a fixed office space and strict practice rules and regulations, and then it is approved by the judicial administrative departments of provinces, municipalities and autonomous regions.
It is much easier to set up a legal service office. Generally, it only needs to be audited and registered by the judicial administrative department, and there is no strict requirement on the number, quality and scale of funds.
6. Different international status
Lawyer system is a democratic judicial system introduced from western countries in the early 20th century. It has a history of hundreds of years in major capitalist countries such as Britain, the United States, France and Germany. The number and scale of law firms are quite large, and the status of lawyers in domestic political and economic life is also very high. There are lawyers' associations in the world, and legal services between countries are conducted through the lawyers' associations of various countries.
There are no similar institutions and organizations in western countries where legal services are located. Among the legal services between countries, western countries only recognize lawyers and do not recognize the legal services provided by lawyers.