Lawyer practice risk regulations

how to prevent and control the lawyer practice risk

lawyer practice risk refers to the lawyer in the process of practice, and practice behavior, may bear all the unfavorable legal responsibility or consequences. Every business has a risk, the lawyer industry is a high-risk industry, must always have a sense of risk. Lawyers can reduce the risk of the industry and control.

a lawyer practice risk

1, the risk of civil liability. Lawyers bear civil liability is the main legal basis of the lawyer law, article 54 of the provisions of the law: lawyers illegal practice or fault to the loss of the client, by the law firms bear the responsibility for compensation. The law firm compensation, can to have intentional or grossly negligent behavior of the lawyer to recover. Because of the lawyer's fault to the loss of the party mainly in the legal understanding of the error or deviation, evidence collection errors or loss of evidence, delay in litigation, the application of procedural errors.

2, the risk of administrative penalties. The risk of administrative punishment, is the lawyer's administrative department because the lawyer violates the lawyers law and sanctions. The main legal basis is "lawyer law" article 47 to 53, in particular, "lawyer law" article 49 provides that lawyers violate the provisions of this article, one of the acts, by the district of the city or municipality directly under the Central People's Government of the district judicial administrative department to give six months or more than one year to stop practicing the following penalties, and can be imposed a fine of less than 50,000 yuan; There are illegal income, confiscate the illegal income; The circumstances are serious, the province, Autonomous regions, municipalities directly under the central people's government judicial administrative department revoke their lawyer's license; Constitutes a crime, shall be investigated for criminal responsibility. The above provisions of the revocation of the lawyer's certificate of practice, is a lawyer's practice of "red line", can continue to take up the lawyer's rice bowl, must be given a high degree of attention.

3, the risk of criminal liability. The risk of criminal liability of the main legal basis is the "criminal law" article 306 of the provisions of the criminal proceedings, the defenders, litigation agents to destroy or falsify evidence, help parties to destroy or falsify evidence, threaten or induce witnesses against the fact of changing testimony or perjury, shall be sentenced to less than three years of fixed-term imprisonment or detention; the circumstances are serious, shall be sentenced to more than three years to seven years of fixed-term imprisonment. This article has always been hanging over the head of Chinese lawyers, whether you admit it or not. In addition, there are crimes of bribery, obstruction of testimony, tax evasion, leakage of state secrets, etc., are lawyers should always pay attention to, everywhere care about the high pressure line.

4, the risk of personal injury. Lawyers in the process of handling the case, what kind of people will encounter, the lawyer's personal injury risk is mainly manifested in three aspects: one is the other party to implement the injury behavior. Second, their clients, due to the results of the case do not understand or due to the lawyer's package package litigation dispute and the lawyer to implement the injury. Third, the lawyer's accident risk, such as lawyers in the process of handling the case of traffic accidents.

5, the lawyer's reputation risk. Because the client is not satisfied with the handling of the case, or the lawyer was litigation, was punished and lead to the negative evaluation of society.

Two, specific cases to prevent the risk of a few suggestions