chapter one general provisions
article lawyers business file, is a lawyer's business activities of the real record, reflecting the lawyer to maintain the correct implementation of national law, safeguard the client's legal rights and interests. Lawful rights and interests of lawyers, reflecting the basic functions and social role. In order to strengthen the management of lawyers business records, the development of this approach.
Second lawyers undertake the business of the formation of documents and materials, must be in strict accordance with the provisions of the requirements of the archives.
The work of filing by the lawyer or assistant lawyer is responsible for.third lawyers business file litigation, non-litigation and foreign three categories. Litigation, including criminal (including criminal defense and criminal agency), civil agency, economic litigation agency, administrative litigation agency; non-litigation, including legal counsel, arbitration agency, consulting agency, other non-litigation business four; foreign-related categories according to the specific circumstances of the first two categories.
Article 4 lawyers business file according to the annual and a case, a volume, a volume of one principle.
More than two lawyers *** with the same case or the same legal affairs should generally be combined volume, but different law firms (legal adviser's office) lawyers, except for legal affairs. Lawyers to undertake the business across the year, should be done in the end of the year volume. Lawyers as a permanent legal adviser, should be a unit of a volume.Article 5 lawyers undertake business in the use of a variety of certificates, correspondence, transcripts of conversations, investigation records, etc., must be written with a pen or brush, issued, the requirements of the font neat, clear.
Chapter 2 file materials collection, organization and order
Article 6 lawyers accept the entrusted and began to undertake legal affairs, that is, should pay attention to collect and save the relevant materials, start to file the preparatory work.
Article 7 lawyers should be in the legal affairs, that is, after the completion of a comprehensive collation, check for the legal affairs of all the paperwork, to make up for the omission of the material, remove the materials do not have to be filed in the archives.
Article 8 lawyers filing process, the content of the same text material is generally only one, but there are leading comrades, except for the material.
article 9 the following documents and materials, do not have to file:
a, entrusted to lawyers for legal affairs before the inquiry how to handle the entrusted procedures of the letters, telegrams, telephone records, records of conversations and replies, etc.; two, there is no reference value of the envelopes; three, the other law firms (legal adviser) entrusted to the draft of the supporting materials. Other law firms (Office of the Legal Adviser) commissioned the draft of the relevant supporting materials on behalf of the investigation; IV. Unsigned drafts of documents and telegrams, the draft of the successive revisions (except for the final version).Article 10 of the people's courts, arbitration institutions or relevant departments of the evidence, the attorney shall be a copy of its copy or copy into the file.
Article 11 on the physical evidence can not be attached to the file, the attorney may be the photographs and exhibits of the name, number, specifications, features, storage, quality inspection certificate, etc. Recorded or retained in the attached volume, respectively, for safekeeping.
Article 12 lawyers business file shall be in accordance with the case file cover, volume catalog, case file materials, docket, bottom of the order. The file materials in the case file shall be arranged in accordance with the objective process or chronological order of the proceedings. Specific order is:
a. Criminal volume 1. law firm (legal adviser) approved by the bill; 2. fee vouchers; 3. power of attorney or letter of appointment; 4. reading transcripts; 5. meeting with the defendant, client, witnesses transcripts; 6. investigative materials; 7. the contractor's proposed defense or agency opinion; 8. Collective discussion records; 9. Indictment, appeal; 10. Defense or agency statement, 11. Notice of appearance; 12. Ruling, verdict; 13. Appeal, protest; 14. Second, the civil agency volume 1. Law firm (Legal Counsel Office) approved by the bill; 2. Fees vouchers; 3. Power of attorney (proxy agreement, power of attorney); 4. Indictment, appeal or defense; 5. Reading transcripts; 6. Meeting with the parties to the conversation transcripts; 7. Investigative materials (witness testimony, Documentary evidence); 8. Application for preservation of litigation, application for preservation of evidence, application for prior payment and court ruling; 9. Undertake the attorney's opinion; 10. Collective discussion records; 11. Representation; 12. Notice to appear in court; 13. Transcripts of the trial; 14. p> 15. Case summary. Third, the legal adviser volume 1. the hiring party's application, letter of appointment or renewal of the letter of appointment; 2. the hiring of legal adviser agreement; 3. hiring party's basic briefing materials; 4. fee vouchers; 5. for all types of legal affairs (such as drafting regulations, review contracts, participate in negotiations, representation to resolve disputes, provide legal advice or legal advice, consultation, or on behalf of the book, etc.) records and relevant materials 6. the survival, suspension, termination of the agreement; 7. work summary. Fourth, other non-litigation legal affairs 1. power of attorney; 2. fee vouchers; 3. and the client's statement; 4. the evidence provided by the client; 5. investigative materials; 6. lawyers issued legal opinions, or draft legal documents, for specific legal activities, such as records; 7. work summary.Article 13 administrative litigation, economic litigation and arbitration agency volume order with reference to the civil agency volume.
Consulting on behalf of the volume were arranged in annual and chronological order.Foreign volumes are arranged in the order of domestic volumes of the same type.
Article 14 termination of the commission of the business, the contractor shall still be arranged in accordance with the order of the above types of business filing, the contractor shall terminate the commission of the client's request for written materials or the contractor of the reasons for the termination of the commission of the lawyer's records into the volume, ranked in all the paperwork after the.
third chapter volume cataloging and binding
article 15 of the lawyer business files are numbered using arabic numerals page by page, both sides of the word to be two sides of the page number. Page number position on the front in the upper right corner, the back in the upper left corner (no word page is not numbered). Article XVI of the file has a pen or brush to fill out the cover page by page; fill out the volume directory, the content should be neat, handwriting should be neat. Article XVII of the volume of paperwork materials, should be recommended to fill in the docket. Article 18 of the date of the case to the date of signing the power of attorney or the people's court specified date shall prevail; the date of receipt of the judgment (ruling, mediation) shall prevail; legal consultant business date of receipt and termination of the date of signing and termination of the contract with a legal adviser shall prevail; other non-litigation legal affairs, the date of the commission to the end of the date of completion for the end of the case. Article 19 of the lawyer's business documents and materials before binding to further organize. Damaged material to repair or copy, copy on the original behind. The handwriting is difficult to recognize the material should be attached to the copy. The main foreign language materials should be translated into Chinese attached. Volume of 16 open, narrower than or smaller than the volume of material, with paper lined; larger than the volume of material, according to the size of the volume folded neatly. Envelopes to be attached to the volume should be opened and placed flat, stamps should not be uncovered. Paperwork and materials on the metal to be removed all clean. Article 20 of the case file binding always use cotton rope, three holes nailed. In the cord at the live knot to be affixed to the law firm (Legal Counsel) seal, and in the riding seam line with the name of the person's name stamped on the file. chapter four filing article 21 lawyers business paper material should be in the case or affairs within three months after the end of the finishing file. Bound by the contractor in accordance with the ministry of justice, the state archives bureau, "lawyers business archives management measures" of the relevant provisions of the custody period, by the law firm (legal adviser's office) director of the review and seal, hand over to the archives management personnel, and for the transfer of formalities. Article 22 of the archives management personnel to receive the file should be strictly examined, where it does not meet the requirements of the provisions of the file, all returned to the file reorganization, all qualified, for the transfer of formalities. Article 23 involving foreign state secrets and personal privacy of lawyers business case file should be classified as a secret file, to determine the level of confidentiality, in the archives should be stamped on the upper right corner of the file cover. Article 24 filed with the audio tape, video tape and other audio and video files, each tape should be indicated on the party's name, content, file number, recording, recording time, etc., disk by disk registration and filing. Chapter V Supplementary Provisions Article 25 Provinces, autonomous regions and municipalities directly under the Central Government Department of Justice (Bureau) can be based on the situation in the region, the development of additional measures or rules. Provinces, autonomous regions, municipalities directly under the central judicial department (bureau) issued in the past on the lawyers business file filing methods inconsistent with these measures, these measures shall prevail. Article 26 These measures shall be implemented from the date of publication.