2008-7-22
Classification: opening a forum to speak Keywords: the difference between real lawyers, fake lawyers, lawyers and workers
First, the identification of true and false lawyers:
A lawyer refers to a person who has obtained a lawyer's practice license according to law and provides legal services to the society. At present, social lawyers who provide paid legal services to different social objects are the mainstream, as well as public lawyers and corporate lawyers with specific service objects and scope.
Besides lawyers, there are a large number of grassroots legal service practitioners in China. Refers to the personnel who have obtained the qualification of grassroots legal workers in the unified examination organized by the Ministry of Justice or obtained the qualification through the examination, meet the practice conditions of the Measures for the Administration of Grassroots Legal Workers, apply for and obtain the practice certificate of grassroots legal service workers, and engage in legal service work in a legal service office. They are also current legal service practitioners, and their professional titles are called "legal workers" or "grassroots legal workers"; Sometimes the parties are used to calling them lawyers, which is inaccurate and wrong! But you can't call it a "fake lawyer"!
The so-called "fake lawyer" refers to a person who illegally provides paid legal services in the name of a lawyer without obtaining a lawyer's practice certificate according to law, which belongs to illegal legal service activities and should be investigated and dealt with by the public security organs; However, the general disciplinary practices of real lawyers are punished by judicial administrative organs and lawyers associations.
Lawyers, legal service workers and other legal service practitioners who have obtained the lawyer's practice certificate and the grass-roots legal service worker's practice certificate according to law must register or put on record in the provincial judicial administrative organ, and can check their authenticity.
Two. True or false or honest lawyer's judgment:
Whether lawyers disclose their real names or personal information online depends on their own wishes, and they can choose whether to disclose their personal information and the scope of disclosure independently, without the specific requirements of the competent authorities or lawyers associations, nor can they simply judge whether they are true or false lawyers or honest lawyers. In the virtual network or forum, we can judge their professional ability and level through preliminary communication, but in the end, we should combine the actual legal service practice activities and whether they are allowed to practice, to reflect and judge the truth or integrity of lawyers!
Whether a case can be received through the Internet and whether there is a source of the case is based on mutual trust, full communication, mutual understanding and familiarity, and there is a real demand for legal services, which is different from whether a lawyer discloses personal information on the Internet!
Three. The difference between lawyers and legal workers:
A lawyer refers to a practitioner who has obtained a lawyer's practice certificate according to law and provides legal services to the society. Having the qualification of lawyer or legal profession and practicing in a law firm. .
A (grass-roots) legal worker refers to a person who meets the requirements of the Measures for the Administration of Grassroots Legal Workers of the Ministry of Justice, is approved to practice registration, obtains the Practice Certificate of Legal Service Workers, practices in a (grass-roots) legal service office, and provides legal services to the society.
The difference of business scope:
The scope of practice of legal workers is not much different from that of practicing lawyers, except that they are not allowed to handle criminal defense cases, and one party must be restricted from accepting cases within their jurisdiction. For example, in June 20001year, the Ministry of Justice issued a document explicitly requesting grass-roots legal service offices in large and medium-sized cities to stop handling witness business.
Differences in access conditions:
To practice law, a lawyer shall obtain a lawyer's qualification and practice certificate. To qualify as a lawyer, you must pass the national unified judicial examination. A person who has a bachelor's degree or above in law in an institution of higher learning, or a bachelor's degree or above in other majors in an institution of higher learning and has legal professional knowledge, and has passed the national judicial examination and obtained legal professional qualifications.
To practice law, a legal worker shall obtain the practice certificate of a grassroots legal service worker. Persons who have obtained the qualifications of lawyers, notaries or corporate legal advisers may also apply to engage in grassroots legal work. Grassroots legal service workers only need high school education or above.
Judging from the name of the practice institution, the name of the lawyer's practice institution is * * law firm, and the name of the legal worker's practice institution is * * law service office.
Judging from the requirements of academic qualifications, access conditions, procedures and business scope, the requirements of practicing lawyers are much stricter than those of grassroots legal workers. At present, the development direction of grassroots legal service industry, especially in large and medium-sized cities, is gradually being adjusted and standardized. It is expected that with the development of the lawyer industry, the improvement of the lawyer law and other related legislation, and the maturity and perfection of the international and domestic legal service market, the grassroots legal service industry will gradually adjust to the paid legal service field in the future, but at least in the primary development stage of China and the vast rural areas, it is still necessary for the grassroots legal service industry to exist.
In recent years, the Ministry of Justice has done a lot of work to further adjust and standardize the grassroots legal service industry. However, due to China's vast territory, extremely unbalanced regional development, and the gradual integration of legal services into the international environment, it takes a process to truly adapt to the development of legal service rules, and the market system and order of legal services with China characteristics need to be further standardized. I believe that in the near future, the legal service industry in China will be more unified and standardized!
Author: Gao, Zhongshan Judicial Office, qiaoxi district, Shijiazhuang.