First, report to the lawyer's bar association.
First of all, we should understand the nature and function of the Bar Association. Lawyers' Association is a legal person of social organizations and a self-regulatory organization of lawyers. According to the provisions of the articles of association of the Bar Association, members of the Bar Association enjoy the rights conferred by the articles of association and perform the obligations stipulated in the articles of association. Lawyers' associations shall reward or punish lawyers in accordance with their articles of association.
Secondly, lawyers who are complained to the Law Society will be investigated by the Law Society to see if they are in line with the facts. If it is in line with the facts, it needs to be handled according to the specific circumstances, and all the criminal acts involved need to be transferred to the public security organs for investigation.
Finally, how to deal with it is the key. Because the lawyers' association belongs to the nature of social organization and has no right of punishment, the lawyers' association can exclude the lawyer from the membership of the lawyers' association after verifying that the lawyer is practicing illegally. If the circumstances are serious, the lawyers association shall report to the judicial bureau or transfer it to the public security organ for handling.
2. Report to the judicial bureau where the lawyer is located.
First of all, the judicial bureau is the judicial administrative organ. The general functions of the judicial bureau are realized by the district and county judicial bureaus. Judicial bureaus at all levels are subordinate to judicial administrative organs at higher levels. The district and county judicial bureaus are under the vertical jurisdiction of the municipal judicial bureaus with districts and counties, and are led by party committees and governments at all levels.
Secondly, since the judicial bureau is an administrative organ, it has the right to punish. Those who meet the punishment conditions will be given administrative punishment to law firms or lawyers according to law, which generally includes: targeting lawyers.
(1) warning;
(2) Confiscation of illegal income;
(3) stop practicing;
(4) Revoking the practice certificate;
For law firms:
(1) shall be ordered to make corrections;
(2) Confiscation of illegal income;
(3) suspend business for rectification;
(4) revoke the practice certificate.
Finally, according to the statistics of the administrative punishment results of lawyers in the country by the Ministry of Justice, the top five are stopping practicing, warning, revoking practicing certificate, fine and confiscation of illegal income. It can be seen that since the "sword-shining" of the Ministry of Justice, the intensity of punishing lawyers' violations of discipline and discipline is unprecedented.
legal ground
People's Republic of China (PRC) Lawyers Law
Article 37 The personal rights of lawyers in their practice activities are inviolable.
Lawyers' opinions on agency and defense expressed in court are not subject to legal investigation. Except for statements that endanger national security, maliciously slander others, and seriously disrupt court order.
If a lawyer participates in litigation activities and is suspected of committing a crime, the investigation organ shall promptly notify the law firm where he belongs or the lawyers association to which he belongs; If a lawyer is detained or arrested according to law, the investigation organ shall notify the lawyer's family in accordance with the provisions of the Criminal Procedure Law.