1. What's the difference between a duty lawyer and a legal aid lawyer?
First, the lawyers of the Judicial Bureau are civil servants, who can only engage in legal aid work, and cannot charge lawyers' agency fees, otherwise it is illegal;
Second, the general law firm is a lawyer in the usual sense, and can charge a lawyer's agency fee when representing the client.
The lawyer on duty is also a legal aid lawyer, but it is different from the legal aid lawyer who applies for or is appointed according to law. The latter is a narrow legal aid lawyer, and the former is a broad legal aid lawyer. In fact, the lawyer on duty was called "legal aid lawyer on duty" from the beginning, which means that the lawyer on duty is also a legal aid lawyer. According to the provisions of the Criminal Procedure Law, for the parties who meet the statutory requirements, the case-handling organ shall notify the legal aid institutions to appoint lawyers, and even the parties who do not meet the statutory requirements and their close relatives may apply for legal aid lawyers.
2. What are the conditions for applying for a legal aid lawyer?
Conditions for applying for legal aid:
Legal aid refers to a legal guarantee system in which legal aid agencies set up by the government organize legal aid lawyers to provide free legal services to the parties in financial difficulties or special cases. The conditions of legal aid can be divided into general conditions and special conditions.
(1) general conditions
The general provisions generally apply to citizens of China. Refers to China citizens who are really unable to pay the legal service fees due to financial difficulties and have sufficient reasons to prove that they need help to safeguard their legitimate rights and interests, and can apply for legal aid.
(2) Special conditions
Special conditions mainly refer to the special circumstances that defendants in criminal cases should have to obtain legal aid, including the following:
(1) Blind, deaf, dumb and minors are criminal defendants or criminal suspects. If the defendant may be sentenced to death without entrusting a defense lawyer, he should get legal aid;
(2) Other criminal defendants and suspects, such as the disabled and the elderly, who are unable to hire a defense lawyer due to financial difficulties, may obtain legal aid;
(3) In criminal cases, if the defendant of foreign nationality has not entrusted a defender and the court appoints a lawyer to defend him, he can get legal aid.
Although both duty lawyers and legal aid lawyers are engaged in legal aid activities for free, there are some differences, which are broad and narrow. To apply for a legal aid lawyer, you need to meet certain conditions. Generally speaking, citizens have financial difficulties and are unable to pay for lawyers' services. In order to protect their legitimate rights and interests from infringement, they can apply for legal aid.