Whether we are in civil litigation or criminal litigation, litigation is an important thing. As a layman, we usually hire professional lawyers to protect our rights and interests. However, in reality, due to economic reasons and other circumstances, we can't hire a lawyer, and our country's laws stipulate the relevant policies of legal aid. Next, Bian Xiao will introduce the contents of the management measures for legal aid lawyers in detail.
What are the management measures for legal aid lawyers?
Article 1 In order to give full play to the role of lawyers and grassroots legal service workers in legal aid work and further standardize legal aid work, these Measures are formulated in accordance with the provisions of the Lawyers Law, the Legal Aid Regulations and other relevant laws and regulations.
Article 2 Lawyers shall perform their legal aid obligations in accordance with the Lawyers Law and the Regulations on Legal Aid, provide legal aid that meets the standards for the recipients, and safeguard the legitimate rights and interests of the recipients.
Grassroots legal service workers shall, in accordance with the relevant provisions of the Ministry of Justice's Measures for the Administration of Grassroots Legal Service Workers and grassroots legal service business, actively carry out legal aid work that is suitable for their business scope.
Article 3 Legal aid institutions shall assign lawyers and grassroots legal service workers to handle a certain number of legal aid cases every year. The annual workload of undertaking legal aid cases shall be determined by the judicial administrative organs of provinces, autonomous regions and municipalities directly under the Central Government according to the actual situation of local legal aid demand, the number and distribution of lawyers and grassroots legal service workers.
Article 4 Lawyers and grassroots legal service workers undertaking legal aid cases shall accept the professional guidance and supervision of judicial administrative organs, lawyers' associations and legal aid institutions, and accept the supervision of recipients and society.
Article 5 Legal aid cases assigned by legal aid institutions shall be undertaken by lawyers arranged by law firms, grassroots legal service offices and grassroots legal service workers.
Law firms and grass-roots legal services shall, within 24 hours after receiving the notice of assignment, arrange suitable personnel to undertake the work according to the specific circumstances and needs of the case.
Article 6 Lawyers and grassroots legal service workers shall, within 3 working days after accepting the assignment of a case, sign an agency agreement with the recipient or his legal guardian or legal agent.
Seventh lawyers and grassroots legal service workers in their daily work found that the parties meet the conditions of legal aid, they can submit the relevant case materials of the parties to their legal aid institutions for review. The legal aid institution shall complete the examination within 3 working days and make a decision on whether to provide legal aid.
Article 8 Lawyers and grassroots legal service workers who undertake legal aid cases shall perform their legal service duties dutifully and abide by professional ethics and practice discipline according to the needs of undertaking cases and the requirements of the Ministry of Justice and the Lawyers Association on the professional norms of lawyers and grassroots legal service workers.
Ninth major, complex and difficult legal aid cases, law firms and grassroots legal services should organize collective research, determine the undertaking plan, and ensure the quality and effect of handling cases.
Law firms and grass-roots legal service offices shall supervise the quality of legal aid cases handled by their lawyers and grass-roots legal service workers, and promptly correct any problems found.
Article 10 Lawyers and grassroots legal service workers shall, within 15 days after the conclusion of a legal aid case, submit the following handling materials to the legal aid institution that assigned the case, and accept the examination of the legal aid institution; Do not meet the requirements, it shall be required to correct:
(a) the letter of appointment for legal aid and the approval form of the law firm (grassroots legal service office);
(2) Agency agreement and other entrustment procedures;
(3) A copy of the complaint, appeal, complaint or application for administrative reconsideration (appeal), application for state compensation and other legal documents;
(4) The transcripts of interviews with clients, parties and witnesses and other relevant investigation materials;
(5) legal documents such as defense, defense or proxy;
(6) Copies of legal documents such as judgments (rulings), arbitration awards, conciliation statements or administrative handling (reconsideration) decisions;
(7) Final report;
(eight) other materials related to the case.
The legal aid institution shall complete the examination within 15 days from the date of receiving the closing materials, and return the materials, which shall be filed by the law firm and grassroots legal service where the undertaker is located.
Article 11 A legal aid institution shall, in accordance with the standards for handling legal aid cases formulated by the local people's government, pay the handling subsidies to lawyers or grassroots legal service workers who undertake legal aid cases within 30 days from the date of receiving the closing materials.
Article 12 Lawyers and grass-roots legal service workers, in the process of undertaking legal aid cases, shall report to the legal aid institution in time if they find that the recipient has any of the circumstances listed in Article 23 of the Regulations on Legal Aid, and the legal aid institution shall be responsible for the examination and verification and decide whether to terminate the legal aid.
Thirteenth legal aid institutions should take the form of reviewing the closing materials, giving feedback and evaluating the quality of handling cases, and urge lawyers and grassroots legal service workers to do their duty to carry out legal aid work and ensure the quality of legal aid services.
The lawyers' association shall, in accordance with the provisions of the articles of association of the lawyers' association, assist in the implementation of legal aid work, guide lawyers and law firms to continuously improve the quality of handling legal aid cases, and safeguard the legitimate rights and interests of lawyers in carrying out legal aid work.
Fourteenth lawyers and law firms, grassroots legal service workers and grassroots legal service offices that have made outstanding contributions in legal aid work shall be commended and rewarded by judicial administrative organs and lawyers associations.
Fifteenth lawyers and law firms in violation of the "Regulations on Legal Aid" and other relevant laws, regulations and the provisions of these measures, the judicial administrative organs, lawyers associations in accordance with the relevant provisions to give administrative punishment or industrial sanctions.
Grassroots legal service workers and grassroots legal services in violation of the "Regulations on Legal Aid" and the provisions of these measures, the judicial administrative organ shall give administrative punishment in accordance with the relevant provisions.
Sixteenth legal aid institutions and lawyers associations shall establish a complaint investigation system for legal aid work. Complaints against the object of complaint or relevant departments shall be investigated and handled in a timely manner in accordance with relevant regulations, and the results of the investigation shall be informed; If, after investigation, it is considered that the respondent should be given administrative punishment, it shall promptly make suggestions to the judicial administrative organ.
Seventeenth legal aid institutions to arrange their own staff and assign social organizations to undertake the management of legal aid cases, with reference to these measures.
Article 18 The Ministry of Justice shall be responsible for the interpretation of these Measures.
Article 19 These Measures shall come into force as of the date of promulgation (September 8th, two years).
To sum up, in order to standardize the positive role played by lawyers in legal aid, according to the provisions of China's Lawyers Law and other laws and regulations, the Measures for the Administration of Legal Aid Lawyers have been formulated, which has had a great impact on China's legal aid work, not only making China's laws fair and just, but also protecting the legitimate rights and interests of the parties. The above is the content compiled by Bian Xiao. There are online lawyers. If you have any questions, please feel free to consult.