There will inevitably be all kinds of disputes in one's life. If the contradictions between the two parties cannot be reconciled, they can be resolved through litigation. However, some parties can't afford the relevant expenses because of the very difficult economic conditions, so they can apply for legal aid at this time. Since legal aid is free, where does the lawyer's legal aid income come from? The following small series will give you a detailed introduction.
1. Where does the lawyer's legal aid income come from?
There are two kinds of legal aid lawyers, one is legal aid lawyers registered in legal aid institutions, and the other is professional lawyers registered in lawyer affairs. The first one can only accept legal aid cases and cannot represent other cases. When these two types of lawyers handle legal aid cases, after the case is closed, the legal aid institutions shall pay the case handling subsidies in accordance with the relevant provisions of the provincial and municipal legal aid fund management. Because the situation of handling cases every month is not fixed, it is hard to say how much a month's salary can be. Another situation is that they are civil servants, passed the judicial examination and registered legal aid lawyers in legal aid institutions. Our legal aid lawyers here only have the salary of civil servants and do not pay extra subsidies for handling cases.
Secondly, the scope of legal aid.
According to the provisions of Articles 10 and 11 of the Regulations of the People's Republic of China on Legal Aid, if a citizen has the following matters and has not entrusted an agent or a defender, he may apply for legal aid or be appointed by the people's court to defend:
1, request state compensation according to law.
2. Request for social insurance benefits or minimum living security.
3. Request for pensions and relief funds.
4. Requesting to pay alimony, alimony and alimony.
5. Requesting payment of labor remuneration.
6. Advocate the civil rights and interests arising from the courageous deeds.
7 cases of personal injury compensation caused by medical accidents, traffic accidents and industrial accidents.
8. Due to domestic violence, abuse, bigamy, etc. Cases in which the victim asks for divorce and personal injury compensation.
9. The criminal suspect fails to hire a lawyer due to financial difficulties after the investigation organ makes the first inquiry or takes compulsory measures.
10. The victim of a public prosecution case and his legal representative or close relatives have not entrusted an agent ad litem due to financial difficulties since the date when the case was transferred for examination and prosecution.
1 1. Since the people's court accepted the case of private prosecution, the private prosecutor and his legal representative have not entrusted an agent ad litem due to financial difficulties.
12. In a case where a public prosecutor appears in court for public prosecution, the defendant fails to entrust a defender due to financial difficulties or other reasons. If the people's court appoints a defense for the defendant, the legal aid institution shall provide legal aid.
13. If the defendant is blind, deaf, dumb or a minor without a defender, or if the defendant may be sentenced to death without a defender, when the people's court appoints a defender for the defendant, the legal aid institution shall provide legal aid without examining the defendant's financial situation.
Three. Failure to provide legal aid
The following cases or matters, the legal aid center shall not provide legal aid, including:
1. A civil action or criminal private prosecution case caused by the applicant's fault liability infringing on the legitimate rights and interests of others.
2 administrative litigation cases caused by the fault of the applicant.
3. The applicant can't provide evidence related to litigation, and can't investigate the case of collecting evidence.
4, can be handled by administrative organs without litigation.
5. Cases and legal procedures are simple, and it is usually unnecessary to hire legal service personnel to represent cases.
6. Cases where legal remedies have been exhausted.
7. The applicant defrauds legal aid without providing supporting materials or issuing false certificates.
8, approved by the competent department, the legal aid center announced that other cases will not be accepted.
Many people think that lawyers engaged in legal aid have no income, but they are not. For the parties, there is no need to pay legal fees after applying for legal aid, but the income of lawyers engaged in legal aid will be subsidized by the relevant departments. Not all cases can apply for legal aid, and certain conditions must be met. If the lawsuit is caused by the fault of the parties themselves, the relevant institutions shall not provide legal aid.