I. Complaints from the Bar Association
Lawyers' Association is a self-regulatory organization of lawyers' profession, which is responsible for supervising and managing lawyers' practice. When lawyers think that their rights and interests have been infringed, or find that other lawyers have violated the rules, they can file a complaint with the local lawyers association.
1. Collecting evidence: Before filing a complaint, a lawyer should collect relevant evidence, including written materials and witness testimony, to prove the respondent's violation.
2. Submission of complaint materials: The lawyer submits the complaint materials to the local bar association, and fills in the complaint form according to the requirements of the association, detailing the reasons for the complaint and providing relevant evidence.
3. Association investigation and handling: After receiving a complaint, the Lawyers Association will organize a special person to investigate the complaint. If verified, the association will punish the respondent according to relevant regulations and protect the legitimate rights and interests of the complainant.
Two. Complaints from judicial administrative organs
The judicial administrative organ is the functional department of the government and is responsible for supervising the lawyer industry. Lawyers who believe that the lawyers' association has handled the complaint unfairly or that the complaint involves the duties of the judicial administrative organ may lodge a complaint with the judicial administrative organ.
1. Know the complaint channels: Lawyers should know the complaint channels of their judicial administrative organs, including complaint telephone numbers, complaint mailboxes, etc.
2. Submission of complaint materials: A lawyer shall submit complaint materials according to the requirements of the judicial administrative organ, state the reasons for the complaint in detail and provide relevant evidence.
3. Handling by administrative organs: After receiving the complaint, the judicial administrative organ will conduct verification and investigation. If verified, violations will be dealt with according to law and the legitimate rights and interests of the complainant will be safeguarded.
To sum up:
Lawyers who encounter problems in their practice can choose to complain to the lawyers' association or the judicial administrative organ. Before you complain, you should collect relevant evidence and understand the complaint channels; When submitting the complaint materials, it shall explain the reasons for the complaint in detail and provide evidence; In the process of complaint handling, we should actively cooperate with the investigation and handling of relevant departments.
Legal basis:
People's Republic of China (PRC) Lawyers Law
Article 46 provides that:
The lawyers association shall perform the following duties:
(a) to ensure that lawyers practice according to law and safeguard the legitimate rights and interests of lawyers;
(2) Summarizing and exchanging the working experience of lawyers;
(three) to formulate industry norms and disciplinary rules;
(4) Organizing lawyers' professional training and professional ethics and practice discipline education;
(five) to inspect the practice activities of lawyers;
(6) Accepting complaints or reports against lawyers, mediating disputes arising from lawyers' practice activities and accepting lawyers' complaints;
(seven) other duties stipulated by laws, administrative regulations, rules and the articles of association of the lawyers association.
People's Republic of China (PRC) Lawyers Law
Article 52 provides that:
The judicial administrative department of the people's government at the county level shall carry out daily supervision and management over the practice activities of lawyers and law firms, and shall order them to correct the problems found in the inspection; Complaints against the parties shall be investigated in a timely manner. If the judicial administrative department of the people's government at the county level thinks that the illegal acts of lawyers and law firms should be given administrative punishment, it shall put forward suggestions for punishment to the judicial administrative department at a higher level.