Article 1 In order to standardize the business process of lawyers handling cases, improve the quality of handling cases, and promote the internal standardization of law firms, this workflow is formulated according to the actual situation of this Municipality, including Internal Management Rules of Law Firms (Trial), Charging Procedure Rules of Law Firms, Code of Practice for Lawyers (Trial), Measures for Punishment of Illegal Acts of Lawyers and Law Firms, and Rules for Punishment of Illegal Acts of Members of Lawyers Association.
Article 2 This workflow is applicable to law firms established in this Municipality and their practicing lawyers.
Chapter II Reception
Article 3 Where a party requests to entrust a lawyer to represent (defend), it shall be uniformly received by a law firm.
Article 4 If a party entrusts a lawyer, it shall be received by the entrusted lawyer; When the appointed lawyer is not in the law firm, the law firm will appoint a time to receive him.
Article 5 A lawyer in charge shall propose ways and means to properly resolve disputes, and shall not induce the parties to file a lawsuit or make false promises to the parties.
Chapter III Establishment of Entrustment Relationship
Article 6 The reception lawyer shall negotiate with the client on the scope, content, authority, cost and duration of agency. After reaching an agreement, the law firm shall sign an agency (defense) contract with the client. Before signing an agency (defense) contract, a law firm should examine whether there is a conflict of interest. Only when there is no conflict of interest between clients can an agency relationship be established.
Article 7 If the client is a natural person, he shall fill in the power of attorney and sign or seal it. If the principal is a unit, the power of attorney shall be stamped with the seal of the principal and signed or sealed by the legal representative of the entrusting unit.
Article 8 An attorney shall seriously, objectively and honestly inform the client of the possible legal risks in the entrusted matters, and shall not mislead the client to establish the principal-agent relationship.
Article 9 The client shall pay the agency (defense) fee according to the charging standard of the law firm, and the law firm shall issue a formal invoice. Other expenses required for lawyers to handle cases shall be uniformly collected by law firms, and the cases shall be audited by law firms and settled with clients.
Article 10 A law firm shall issue a lawyer service quality supervision card, which shall be signed by the parties concerned.
Article 11 A lawyer shall not make false promises.
Twelfth contractors and law firms are prohibited from illegally seeking benefits for clients. Article 13 In an adversarial case involving the principal, the principal may not concurrently serve as the principal of the other party who has a conflict of legal interests without the consent of the principal.
Article 14 A lawyer in charge shall complete the entrusted matters diligently and conscientiously.
Chapter IV Preparation before Appearing in Court
Fifteenth initial prosecution, should be a comprehensive review of the evidence provided by the parties, the drafting of the indictment, filing and other procedures.
If litigation preservation is needed, an application shall be drafted to inform the parties of their legal obligations such as providing guarantee.
Article 16 If a lawsuit has been filed, the evidential materials submitted at the time of prosecution shall be examined; If the evidence is insufficient, the evidence shall be obtained in time and submitted to the court within the time limit for adducing evidence.
If litigation preservation is needed, an application shall be drafted to inform the parties of their legal obligations such as providing guarantee.
Seventeenth if it is necessary to apply for witnesses to testify in court, experts to appear in court for questioning and apply for court investigation and evidence collection, it shall submit an application to the court within the prescribed time limit.
Article 18 To accept the entrustment of the defendant, the following work shall be carried out:
(a) carefully read the plaintiff's indictment, review the evidence submitted by the plaintiff to the court and the evidence prepared by the defendant, draft the defense, and notify the parties or on behalf of the parties to submit it to the court within the prescribed time;
(two) to remind the parties or on behalf of the parties to submit evidence to the court within the time limit for presenting evidence;
(3) If it is necessary to apply for witnesses to testify in court, appraisers to appear in court for interrogation and apply for court investigation and evidence collection, an application shall be submitted to the court within the prescribed time limit;
(4) If counterclaims are necessary, inform the parties to file counterclaims with the court within the time limit for adducing evidence;
(five) to examine whether the court accepting the case has jurisdiction; If there is no jurisdiction, it shall solicit the opinions of the parties on whether to raise objections to jurisdiction; If a party requests to raise an objection to jurisdiction, it shall write an objection to jurisdiction in the name of the party and submit it to the court within the defense period.
(6) Before the court session, the lawyer in charge shall generally read out the examination papers and make a record of the examination papers.
(seven) the collection of evidence should be objective and realistic, and no evidence should be forged or induced to provide false evidence.
(eight) as a defender, the lawyer shall meet with the criminal suspect and the defendant to understand the case and inform them of their right to appeal.
(nine) major, difficult, complex, sensitive or intends to plead not guilty cases should be discussed and reported in accordance with the provisions.
(10) Write the word agent (defense).
(eleven) the client's business shall be filed separately, and complete work records shall be kept, and the evidence, legal documents and property involving the client shall be properly kept. The attorney-in-charge has the obligation to keep confidential the business secrets or personal privacy of the client, and shall not disclose them to any third party unless there are laws or the consent of the client;
(12) The lawyer shall inform the client of the agency work in a timely manner, and the lawyer shall give a reply as soon as possible if the client requests to know the entrusted matters.
(13) A lawyer shall act as an agent within the scope of authorization. If special authorization is required, he shall obtain the written confirmation of the parties in advance.
Chapter V Discipline of Appearing in Court
Article 19 Lawyers shall observe the following court disciplines:
(1) Procedural provisions such as the time for appearing in court, the time limit for giving evidence and the time limit for submitting legal documents shall be observed.
(2) Wear a lawyer's robe when appearing in court. The lawyer's robe should be clean, flat and undamaged.
(3) The words used in the speech at the trial shall be civilized, appropriate and standardized, and slang, dirty words and other nonstandard languages shall not be used. Speak with dignity and generosity.
(four) lawyers should respect the court and contact judicial staff according to law and discipline.
(5) Lawyers should make transcripts of court appearances.
Chapter VI Filing of Archives
Article 20 Lawyers shall file files in strict accordance with the following requirements:
(a) to establish a file and file it within one month after receiving the court ruling and judgment;
(2) The archival materials shall be complete;
(three) the original evidence shall not be bound in the volume;
(four) the lawyer's file should be handed over to the file management personnel in time after binding and go through the file handover procedures.
Chapter VII Several Situations in Handling Cases
Article 21 Termination of principal-agent relationship
In the process of handling the entrusted matters, a law firm shall terminate its agency work under any of the following circumstances, but it shall not affect the legitimate rights and interests of the clients;
(1) The negotiation with the customer is terminated;
(2) Being disqualified or suspended from practicing;
(3) Finding insurmountable conflicts of interest;
(four) the lawyer's health is not suitable for continuing to represent;
(five) to continue to represent will violate the law or the practice norms of lawyers.
Article 22 A lawyer may refuse to defend or represent him under any of the following circumstances when handling entrusted affairs:
(a) the client uses the legal services provided by lawyers to carry out criminal activities;
(2) The client insists on pursuing the goal that the lawyer considers impossible or unreasonable;
(3) The trustor fails to perform the obligations under the entrustment contract and has been reasonably urged;
(4) On the premise of unforeseeable in advance, the lawyer's provision of legal services to the client will bring unreasonable expenses to the lawyer, or cause unbearable and unreasonable difficulties to the lawyer;
(five) the evidence provided by the client does not have objective authenticity, relevance and legality, or it is suspected of perjury after examination by judicial organs;
(6) Other lawful reasons.
Article 23 If a lawyer can refuse to defend or represent after accepting the entrustment, he shall explain the reasons to the client, urge the client to accept the lawyer's opinion, and eliminate the reasons that cause the lawyer to refuse to defend or represent; Before the termination of the entrustment relationship, the lawyer must take reasonable and feasible measures to protect the rights and interests of the client, such as informing the client in time, allowing him enough time to entrust another lawyer, taking back the original documents and returning the prepaid fees.
Article 24 If a lawyer refuses to act as an agent, he may keep copies of legal documents related to the client. After the lawyer's agency work is over, he still has the obligation of confidentiality.
Article 25 Sub-entrustment
(1) Without the consent of the client, a lawyer may not entrust the case to other lawyers.
(2) In case of sudden illness and job transfer. After accepting the entrustment, if it is necessary to change the lawyer, it shall inform the client. If the client agrees, the lawyer shall hand over the materials in time and go through the relevant formalities through the law firm.
(3) Without the consent of the client, a lawyer shall not increase the economic burden of the client due to entrustment.
Article 26 Legal consultation matters in reception
After the reception, if the party concerned does not entrust a lawyer, the reception lawyer shall inform the party concerned to handle it according to the legal consultation business:
(a) the lawyer in charge shall answer the inquiries raised by the parties in accordance with the existing laws, regulations, rules and policies;
(two) the answer can be oral or written;
(three) legal advice should be registered, and if it meets the conditions for filing, it should be filed in time;
(four) the parties shall pay the legal consultation fee according to the charging standard of the law firm, and the law firm shall issue a formal invoice;
(five) in the process of answering the consultation, the reception lawyer shall not induce or force the parties to litigation, shall not induce the parties to choose agents (defenders), shall not make false promises, and shall not preside over the parties and the relative person to engage in work beyond the scope of answering the legal consultation without authorization.
Twenty-seventh law firms and lawyers in violation of this workflow, the City Lawyers Association will be in accordance with the relevant provisions of the all china lawyers association "Rules for the Punishment of Violations of Lawyers Association Members", the law firms and lawyers will be given industry sanctions.
Article 28 The Standing Council of the Municipal Lawyers Association shall be responsible for the interpretation of this workflow.
Article 29 This workflow shall be implemented as of the date of promulgation.