The law firm, is the lawyer's work organization. At present, there are national institutions belonging to the law firm, there are also lawyers who cooperate with individual cooperative law firms. The former and the nature of the legal counselor's office is the same, just a different name. The latter is in the reform, opening up the new, the implementation of self-financing, independent accounting. They are engaged in the content of the legal service is no difference.
Article 14 of the lawyers law: law firms are lawyers practice. The establishment of law firms shall have the following conditions:
(a) have their own name, residence and constitution;
(b) there are lawyers in accordance with the provisions of this law;
(c) the establishment of the person shall be a certain amount of experience, and within three years has not been suspended from practicing lawyers;
(d) there are in line with the state council's judicial and administrative departments to provide the amount of Assets.
After the newly revised Lawyers Law was implemented on August 1, 2006, China's law firms have two forms of organization: partnership law firms and individual law firms.
When you encounter difficult legal problems, you can ask for help from lawyers. In China, the lawyer service organization is called a law firm, which is a Chinese lawyer to provide legal services to the community
Question 2: What is the industry to which the law firm belongs According to the national standard of industry classification, the law firm belongs to the leasing and business services (large class), 72 business services (medium class), 722 legal services (small class)
Industry Classification Standard
L Leasing and Business Services
72 Business Services
722 Legal Services: refers to the activities of lawyers, notaries, arbitration, mediation
Lawyers are lawyers in accordance with the relevant laws and regulations on the acquisition of lawyer's qualification certificate, approved by the judicial administrative organs of the lawyers professional license, in law firms engaged in the business of lawyers practitioners. Law firms are lawyers to carry out business work organization.
The law firm, is the lawyer to perform the work of the work of the foundation. At present, there are national institutions belonging to the law firm, there are also lawyers who cooperate with individual law firms. The former and the nature of the legal counselor's office is the same, just a different name. The latter is in the reform, the opening up of the new, the implementation of self-financing, independent accounting. They are engaged in the content of the legal service is no difference.
Article 14 of the lawyers law: law firms are lawyers practice. The establishment of law firms shall have the following conditions:
(a) have their own name, residence and constitution;
(b) there are lawyers in accordance with the provisions of this law;
(c) the establishment of the person shall be a certain amount of experience, and within three years has not been suspended from practicing lawyers;
(d) there are in line with the state council's judicial and administrative departments to provide the amount of Assets.
After the newly revised Lawyers Law was implemented on August 1, 2006, China's law firms have two forms of organization: partnership law firms and individual law firms.
When you encounter difficult legal problems, you can ask for help from lawyers. In China, the lawyer service organization is called a law firm, which is a Chinese lawyer to provide legal services to the community
Question 3: According to the national standard of industry classification, law firms, legal services belong to what industry? According to the national standard of industry classification, law firms, legal services belong to the leasing and business services industry (large class), 72 business services (medium class), 722 legal services (small class)
Industry classification standards
L leasing and business services
72 en business services
722 legal services: refers to the activities of lawyers, notary publics, arbitration, mediation, etc.
Question 4: According to the national standard of industry classification, law firms, legal services belong to what industry?
Question 4: What industry does a law firm belong to? Services? Or counseling ah? Paid legal services industry, now generally defined as an intermediary organization, non-state organs or institutions, self-financing independent entities. But the lawyer's work content is special, involving professional legal affairs, often with the public prosecutors and lawyers deal with, and different from the general service industry. Legal advice is only a small part of its services.
Attachment "Lawyers Law" article reference:
Article 2 The lawyers, refers to the lawyers license, accept the entrustment or designation, for the parties to provide legal services to the practitioners.
Article 14 law firms are lawyers practice.
Article 28 lawyers can engage in the following businesses:
(a) accept the natural person, legal person or other organizations, as legal adviser;
(b) accept civil cases, administrative cases, the parties to act as an agent to participate in the litigation;
(c) accept the criminal case of criminal suspects entrusted to provide legal advice, representation, complaint, accusation, for the parties to provide legal services.
(3) Accepting the entrustment of criminal suspects in criminal cases, providing them with legal counseling, representing them in complaints and accusations, applying for bail for arrested criminal suspects, accepting the entrustment of criminal suspects and defendants or the designation of the People's Court, acting as a defender, accepting the entrustment of private prosecutors in private cases, victims of public cases, or their next-of-kin to act as an agent to take part in lawsuits;
(4) Accepting entrustment of representing various types of litigations in appeals;
(5) Accepting entrustment of participating in mediation and arbitration (E) Accepting commissions and participating in mediation and arbitration activities;
(F) Accepting commissions and providing non-litigation legal services;
(G) Answering inquiries about the law, and writing litigation documents and other documents related to legal affairs.
Question 5: What is a lawyer? Because we live in a society with laws, the state requires people to comply with the law, do not comply with the law may face disputes, or be held accountable by the state. Because the law is too complex, due to the division of labor in society, it is impossible for everyone to study the law. This has led to the emergence of people who specialize in the study of the law, which includes lawyers, to help provide legal services to those who are not familiar with the law. The state recognizes lawyers as people who specialize in providing legal services to others through certain mechanisms such as the judicial examination approach to lawyer licensing.
According to the provisions of the Lawyer Law, the lawyer, refers to the law to obtain a lawyer's license, to provide legal services for the community.
That kind of argument that lawyers are bricks and mortar legal empty space is one-sided, many lawyers are practicing in accordance with the law, to help the parties to comply with the law, for example, lawyers as a legal adviser to the enterprise, found that the enterprise violates the law will point out the place, and to provide advice in line with the provisions of the law. For example, if the court convicts a criminal suspect wrongly, or if there is a wrongful conviction, the lawyer points it out and gets it corrected, which is not exploiting the legal loopholes, and it serves to monitor the correct implementation of the law. Because lawyers are more familiar with the law, so often find some of the society in the illegal phenomenon and through certain ways to urge the state to change the illegal phenomenon, which is good for the construction of the rule of law in the country.
The lawyer is a profession, so earn money to set up a lawyer to pursue one of the goals, which has become a threshold for the poor, but this has nothing to do with the lawyer. It should be the state how to consider the relief of the poor, such as the establishment of a legal aid system, and so on. In fact, there are a lot of lawyers often free of charge or reduced legal fees for people with financial difficulties to provide legal services.
Lawyers knowingly guilty of providing defense, but also no error, because the law provides a suspect has the right to ask a lawyer to defend, unless the law provides that the defendant can not ask for a lawyer, but this is impossible, since the law has a provision, then the lawyer to provide a defense is lawful, and lawyers involved in the defendant can get a more just and objective treatment, in fact, is to make the law is correctly implemented! , including some provisions on procedure. It is conceivable that if a crime is tried in secret and lawyers are not allowed to provide a defense, this is a terrible result, because any person can be treated unfairly.
Question 6: law firms belong to which type of unit industry type special general partnership
Question 7: What is the professional responsibility of lawyers? Lawyers' professional responsibility includes what β concept. Lawyers professional ethics, refers to the lawyer in the performance of duties, fulfill their duties should follow the moral norms.
π The object of the lawyer's professional ethics. Article 2 of the Code of Professional Ethics and Practice Discipline of Lawyers provides that "lawyers shall abide by these norms in their practice." Article 46 stipulates: "trainee lawyers, paralegals with reference to the implementation of these norms." Therefore, the object of application of professional ethics of lawyers, including lawyers and law firms to assist lawyers to carry out business activities of trainee lawyers and paralegals.
3 lawyer professional ethics, China's professional ethics of lawyers specifically include the basic code of professional ethics and lawyers practice discipline norms two components. The two are complementary relationship. China's professional ethics of lawyers have the following characteristics:
β professional.
β professional ethics. The object of application of professional ethics of lawyers is specific, the adjustment of lawyers and their auxiliary staff of the practice of law, and thus its professional ethics has a distinctive professionalism.
βθͺεΎζ§.
The lawyer professional ethics is the lawyer industry association industry self-regulatory norms, the purpose of the industry's self-management on the basis of the realization of the independence of the lawyer industry.
3 reality constraints.
The reality of the lawyer's professional ethics constraints refers to the lawyer in violation of the provisions of the relevant lawyer's professional ethics, will be subject to professional discipline.
Singed internal complementarity.
The so-called internal complementarity, is that China's basic code of professional ethics of lawyers is more general, principle, but covers a wide range, while the practice of discipline norms are more clear, specific, but the scope is relatively narrow. The combination of the two enables complementarity. The professional ethics of Chinese lawyers includes 10 aspects. In these provisions, focus on mastering two contents:
β lawyer's duty of confidentiality.
Article 33 of the Lawyers Law provides that "lawyers shall keep state secrets and commercial secrets of the parties known in the practice of law, and shall not disclose the privacy of the parties." Article 8 of the Code of Professional Ethics and Practice Discipline for Lawyers stipulates: "Lawyers shall strictly observe state secrets and keep their clients' commercial secrets and their clients' privacy." According to the above provisions, the rules relating to the issue of professional secrets of Chinese lawyers have the following characteristics in their application:
(1) The scope of the secrets that lawyers should keep includes state secrets, clients' commercial secrets and clients' privacy. a. The so-called state secrets, according to article 2 of the Law of the People's Republic of China on Conservation of State Secrets, refers to the "secrets relating to the security and interests of the state, determined in accordance with legal procedures, which shall be kept in accordance with the law. According to Article 2 of the Law of the People's Republic of China on the Preservation of State Secrets, it refers to "matters relating to the security and interests of the State which are determined in accordance with legal procedures and are restricted to a certain range of persons within a certain period of time". State secrets are categorized as "top secret", "confidential" and "secret". In the above two provisions, the provisions of the Lawyers Ethics and Practice Discipline for "state secrets", the scope is narrower than the provisions of the Lawyers Law, theoretically, should be taken to a wider scope of the provisions of the Lawyers Law; B. The so-called commercial secrets, according to the Chinese people's *** and the State Law against Unfair Competition, article 10 of the provisions, is "not to be known to the people". According to Article 10 of the Law of the People's Republic of China Against Unfair Competition, the so-called commercial secret refers to "technical information and business information that is not known to the public, can bring economic benefits to the right holder, and is practical and has been subject to confidentiality measures taken by the right holder." C. The so-called privacy of the parties, generally refers to the reputation of the parties concerned, I do not want to disclose the personal life events.
(2) the lawyer's duty of confidentiality is of a subsequent nature. Lawyers professional ethics and practice discipline, article 39 provides: "lawyers on the confidential information related to the entrusted matters, the entrusted agent relationship is still after the end of the duty of confidentiality." This is because the confidentiality of the matter is not due to the end of the proxy relationship and eliminate, in order to ensure that the client can be frank, comprehensive disclosure of the case to the lawyer, the lawyer in the end of the proxy relationship also still have to bear the obligation of confidentiality.
β lawyer's legal aid obligations.
Article 10 of the "lawyer ethics and practice discipline" stipulates: "lawyers should consciously fulfill the obligation of legal aid, to provide legal assistance to the recipient." Article 41 of the Lawyers Law stipulates: "Citizens who need the help of a lawyer in the areas of alimony, work-related injuries, criminal proceedings, request for state compensation and request for pension in accordance with the law, but who are unable to pay the lawyer's fees, may obtain legal help in accordance with the state regulations." According to the relevant provisions, the objects of legal aid can be divided into objects of legal aid for general cases and objects of legal aid for special cases.
(1) general cases of legal aid objects
The purpose of the State to establish a legal aid system, in order to protect the citizens of the country to enjoy the right to equal legal assistance, in order to realize the principle of the rule of law, "equality before the law". As the object of the legal aid system, should be with the Chinese people's **** and national citizenship. The general legal aid object, refers to Chinese citizens who meet the following conditions:
β real financial difficulties, incapable or not fully capable of paying for legal services. ...... >>
Question 8: What does a lawyer do? Lawyers, like other legal professions, are indispensable to a country with a legal system. Its most basic duty is to protect the legal rights of the parties. Of course, there is also this profession should be professional ethics and requirements.
Question 9: What type of law firm is the enterprise Our country is customarily divided into four types of units: institutions, business units, institutions and social organizations. Correspondingly, the traditional legal theory is also divided into four categories of legal persons: organizations, enterprises, institutions and associations of legal persons. Accompanied by the state-owned law firms "delinking restructuring", private law firms have become the mainstream of China's legal services industry. In recent years, the use of non-state assets organized by social organizations engaged in non-profit social service activities, such as private law firms, private schools, private hospitals, private stadiums, and so on continue to emerge, and become an important part of the socialist market economic system, the party central committee and the state council attaches great importance to this new thing, especially to formulate the national policy and administrative regulations, will be a civil institution nature of social organizations identified as civil institutions. The nature of the social organization is determined as a private non-enterprise units, in essence, belongs to the scope of the organization that belongs to the nature of the private enterprise organization. From the nature of private law firms, private law firms should belong to the nature of private non-enterprise units. The provisional regulations for the registration and management of private non-enterprise units, the so-called private non-enterprise units, refers to enterprises, institutions, social organizations and other social forces and individual citizens to use non-state assets, engaged in non-profit social service activities of social organizations. That is to say, the fundamental attribute of private non-enterprise units is non-profit. Private law firms, as the main body of the market economy, do not carry out profit-making business activities, only to provide legal services to the community, although the provision of legal services with compensation, but can not be concluded that the private law firms are social economic organizations, is for profit. The organization refers to the social public welfare purposes, engaged in culture, education, health, sports, law, journalism and other public welfare units or organizations. Institutional organizations include public institutions and private non-enterprise units. In addition to the source of funding of institutions and private non-enterprise units have a little different, its nature, the establishment of the same procedures, all belong to the scope of the organization. The private law firm is a form of organization, according to the relevant provisions of the labor law, the private law firm as a lawyer's labor relations in the employer, the main qualification is eligible. Our country in January 1, 1995 onwards promulgated the "labor law" has updated the traditional legal person tetralogy theory, that is, has been innovated for the "enterprise organization", which solves the private non-enterprise units of the legal person of the classification and qualitative problems, that is to say, the labor law has been to the enterprise and the two kinds of private non-enterprise units is the nature of the social cause of the organization, whether it is the "organization", the "private non-enterprise units", the "private non-enterprise units", the "private non-enterprise units". That is to say, the Labour Law has already referred to both institutions and private non-enterprise units as organizations of a social undertaking nature, whether they are "public" or "private", and collectively referred to them as "undertaking organizations". Due to the legal theory circles on the private non-enterprise units of theoretical research work relatively lagging behind, so no one has been put forward to the legal person type of the theory of innovation for the "business legal person" type of theory. In summary, the law firms, whether state-owned, partnership, cooperation or other forms, should belong to the institutions, from the current market situation of law firms, most of them are self-supporting.
I hope to adopt
Question 10: What is the nature of the law firm, private enterprise? Generally a special partnership, and now there are also corporate law firms.