1. Does the law firm have the right to issue a notice of filing a case?
A law firm is not a judicial organ and has no right to file a case, so it has no right to issue a notice of filing a case.
People's Republic of China (PRC) Lawyers Law
Article 28 A lawyer may engage in the following businesses:
(a) to accept the entrustment of natural persons, legal persons or other organizations as legal advisers;
(two) to accept the entrustment of the parties in civil cases and administrative cases, to act as agents and to participate in litigation;
(3) Accepting the entrustment of criminal suspects and defendants in criminal cases or legal aid agencies to act as defenders according to law, accepting the entrustment of private prosecutors in private prosecution cases, victims in public prosecution cases or their close relatives to participate in litigation as agents;
(four) to accept the entrustment and represent the complaints of various litigation cases;
(five) to accept the entrustment and participate in mediation and arbitration activities;
(6) Accepting entrustment to provide non-litigation legal services;
(seven) to answer questions about the law and write litigation documents and other documents related to legal affairs.
People's Republic of China (PRC) Civil Procedure Law
Article 123 Filing and accepting cases
The people's court shall guarantee the right of prosecution enjoyed by the parties according to law. A lawsuit that conforms to Article 119 of this Law must be accepted. Those who meet the conditions for prosecution shall file a case within seven days and notify the parties concerned; If it does not meet the conditions for prosecution, it shall make a ruling within seven days and refuse to accept it; If the plaintiff refuses to accept the ruling, he can appeal.
Two. Conditions for the establishment of a law firm
1, conditions for establishment
The Law on Lawyers stipulates that a law firm is a lawyer's practice institution. The establishment of a law firm shall meet the following conditions:
(1) Having its own name, domicile and articles of association;
(2) Having lawyers who meet the requirements of this Law;
(3) The promoter shall be a lawyer who has a certain practice experience and has not been punished for stopping practicing within three years;
(4) Having assets that meet the requirements of the judicial administrative department of the State Council.
2. Organizational form
According to the Lawyers Law, there are three organizational forms of law firms in China: partnership firms, individual firms and state-owned firms. After the implementation of the new lawyer law, cooperatives began to withdraw from the historical stage of lawyer service.
From the above analysis, we know that according to the provisions of the Lawyers Law, a law firm is neither an executive organ nor a judicial organ, so it does not have the right to file a case. Law firms have no right to issue a notice of filing a case, only people's courts, public security organs and other organs have the right to file a case. If you need legal help, readers can consult.