There are as many jobs as there are jobs, and there are as many jobs as there are demands. Legal aid is a legal guarantee system. So, what is a legal aid lawyer? As a legal aid lawyer, what kind of legal responsibilities do you need to bear? Bian Xiao has compiled some information about legal aid lawyers for you to help you better understand the position of legal aid lawyers.
I. What is a legal aid lawyer?
Legal aid lawyer is a lawyer's position, and its biggest feature is free. No matter whether it is an aid lawyer in a broad sense or an aid lawyer in a narrow sense, as long as they are engaged in legal aid services, they cannot charge lawyer fees.
broad sense
Legal aid lawyers can be divided into broad aid lawyers and narrow aid lawyers. In a broad sense, aid lawyers include social lawyers appointed by legal aid agencies to provide legal aid services for a case, which is called case aid lawyers. It also includes full-time legal aid lawyers who specialize in legal aid services.
narrow sense
Legal aid lawyers in a narrow sense, also known as public lawyers and full-time aid lawyers, refer to people who are employed by legal aid institutions or other government departments, pass the national legal professional qualification examination, obtain legal professional qualification certificates and lawyer's practice qualification certificates, and specialize in legal aid work. The establishment of such personnel belongs to the state administration or institutions and enjoys the treatment of the staff of the state administration and institutions.
Second, the legal responsibility of legal aid lawyers
Regulations of the State Council on Legal Aid
Article 26
Legal aid institutions and their staff in any of the following circumstances, the directly responsible person in charge and other directly responsible personnel shall be given disciplinary sanctions according to law:
(a) to provide legal aid to those who do not meet the conditions of legal aid, or to refuse to provide legal aid to those who meet the conditions of legal aid;
(two) handling legal aid cases to collect property;
(three) engaged in paid legal services;
(four) embezzlement and misappropriation of legal aid funds.
The property collected in handling legal aid cases shall be ordered to be returned by the judicial administrative department; The illegal income from engaging in paid legal services shall be confiscated by the judicial administrative department; Those who embezzle, privately divide or misappropriate legal aid funds shall be ordered to recover by the judicial administrative department. If the circumstances are serious enough to constitute a crime, criminal responsibility shall be investigated according to law.
Article 28
In any of the following circumstances, a lawyer shall be given a warning by the judicial administrative department and ordered to make corrections; If the circumstances are serious, a penalty of stopping practicing 1 month or more and 3 months or less shall be imposed:
(1) Refusing to accept or terminate a legal aid case without justifiable reasons;
(two) handling legal aid cases to collect property.
Where there is an illegal act in Item (2) of the preceding paragraph, the judicial administrative department shall order the return of the illegally obtained property, and may concurrently impose a fine of not less than 0 times but not more than 3 times the value of the collected property.
Article 29
Lawyers who violate professional ethics and practice discipline in handling legal aid cases shall be punished in accordance with the provisions of the Lawyers Law.
Legal aid lawyer is actually a position, and legal aid lawyer is the person in this position. The biggest feature of this position is that it is free. After all, legal aid is a legal guarantee mechanism. So people in this position won't and can't charge lawyers' fees, which is really awe-inspiring. Serve you wholeheartedly.