On March 30, the National Lawyers Association held a regular press conference.
At the conference, Liu Shoumin, vice president of the National Lawyers Association, briefed on the top 10 typical disciplinary cases of the National Lawyers Association in 2017. The 10 typical cases selected from the 409 disciplinary cases mainly involved lawyers for irregularities such as illegal case collection, illegal fees, conflict of interest, representation without due diligence, illegal meetings, inappropriate remarks, improper ways to influence the handling of cases in accordance with the law, disrupting the court order, and crimes...?
It is understood that on March 24, 2017, the National Lawyers Association Complaints Acceptance and Investigation Center was inaugurated, and as of May last year, the provincial (autonomous regions and municipal) lawyers associations and municipal lawyers associations with districts have set up disciplinary centers.
The data show that in 2017, the lawyers' associations*** received 6805 complaints, and the provincial (autonomous regions and municipalities) lawyers' associations and city lawyers' associations with districts*** made 409 industry sanctions, of which 137 admonitions, accounting for 33.50% of the total number of sanctions; 121 notification of criticism, accounting for 29.58% of the total number of sanctions; and 50 public condemnation sanctions, accounting for 12.22% of the total number of sanctions; 43 warnings, accounting for 10.51% of the total number of sanctions; 42 suspensions of membership rights, accounting for 10.27% of the total number of sanctions; and 16 revocations of membership, accounting for 3.91% of the total number of sanctions.
In order to enable the majority of lawyers can correctly treat the practice of law, professional ethics and practice discipline fear, consciously regulate the integrity of practice in accordance with the law, the national lawyers association of the 10 typical disciplinary cases to be notified:
1. yunnan lawyers wang liqian, wang longde because of intentional provision of false evidence by the cancellation of the qualification of the membership case.
June 2017, yunnan province, kunming city lawyers association in the process of investigation, found that wang liqian lawyer, wang longde lawyers have fraudulent use of other people's names to forge the relevant litigation evidence material litigation behavior. Based on the results of the investigation and relevant regulations, Yunnan Provincial Lawyers Association gave Wang Lijian and Wang Longde the industry disciplinary action of canceling their membership. Yunnan provincial department of justice according to law, Wang Liqian, Wang Longde lawyers license.
2, zhejiang lawyer qiu haohua was canceled membership qualification case because of the crime of forging evidence for the defense.
September 26, 2016, yongkang city, zhejiang province people's court made a criminal verdict. The verdict found that Qiu haohua lawyer constitutes the defender forging evidence crime, but the harm caused by the result is not significant, exempted from criminal punishment. Zhejiang province lawyers association gives qiu haohua lawyer cancel member qualification of industry disciplinary action.
3, zhejiang lawyer wu youshui for publishing jeopardize national security speech was disciplined case.
July 11, 2017, hangzhou lawyers association received a complaint, reflecting zhejiang bijian law firm WuYouShui lawyer in the network published inappropriate remarks, affect the lawyer's professional image, request to be investigated and dealt with. According to the relevant investigations and regulations, hangzhou judicial bureau according to law to stop practicing for nine months of administrative punishment.
4. The case of Liang Weixiong, a Guangdong lawyer, who was disciplined for committing the crime of bribery.
January 22, 2017, guangdong province, zhongshan city people's court in accordance with the law to make a judgment, the defendant guangdong cangjiang law firm lawyer LiangWeiXiong guilty of bribery, because of its has according to law can be mitigating circumstances and other reasons, exempt from criminal punishment. in August 2017, guangdong province, foshan city lawyers association give LiangWeiXiong lawyer suspended membership rights for one year of the industry disciplinary action.
5, fujian lawyer zhou mi for disrupting the order of the court was disciplined case.
Fujian Fuzhou City Bar Association received a complaint from the Fujian Higher People's Court. After investigation and in accordance with the relevant provisions of the lawyers Zhou Mi suspended the rights of members of the industry for seven months of disciplinary action.
6, zhejiang lawyer tao li was disciplined for illegal meeting case.
August 21, 2017, zhejiang province jiaxing lawyers association received tongxiang people's procuratorate procuratorial recommendation, reflecting zhejiang red boat law firm tao li lawyers in the meeting with suspects, violation of the provisions of the detention center meeting, according to the results of the investigation and the relevant provisions of the jiaxing lawyers association to give tao li lawyers suspend the rights of the members of the industry disciplinary action for 6 months.
7, jiangsu lawyer guan yihua was disciplined for forging power of attorney case.
Jiangsu changzhou city lawyers association received changzhou city, jiangsu province people's procuratorate forwarded the "procuratorial proposal", reflecting the Jiangsu famous friend law firm tube a Chinese lawyer forged the client's family power of attorney. After investigation and according to the relevant provisions, changzhou city lawyers association to give tube yihua lawyers suspend the rights of members of the industry for six months of disciplinary action.
8, jiangsu lawyer master jiaxiang due to conflict of interest, illegal collection of cases were disciplined case.
July 14, 2017, jiangsu province lawyers association directly under the branch received QingMouMou's complaint, reflecting jiangsu tianmao law firm FuJiaXiang lawyers illegal practice, defense agent not due diligence, illegal collection of fees. According to the investigation and relevant legal provisions, jiangsu province lawyers association directly under the branch to give fu jiaxiang lawyers suspension of membership rights for 6 months of industry disciplinary action.
9, liaoning lawyer yu qiang was disciplined for conflict of interest, violation of judicial administration case.
May 5 and 10, 2017, dalian city lawyers association received dalian people's procuratorate and dalian xigang district people's procuratorate procuratorial recommendation, pointing out that the respondent yu qiang in the case of not obtaining a lawyer's license to practice law, as a lawyer to undertake, engage in litigation agency business alone, and at the same time, in the same case for the two parties. Based on the investigation and relevant legal provisions, the dalian city lawyers association gave Yu Qiang lawyer suspended membership rights for three months of industry disciplinary action.
10, chongqing lawyer wu zhuo division for agent not due diligence, illegal fees were disciplined case.
December 16, 2016, chongqing lawyers association received the complainant reflected, Shanghai hongqiao zhenghans (chongqing) law firm WuZhuoShi lawyers in the agent of the complainant's civil loan dispute case, negligent performance of duty, to the parties to fabricate false facts, etc., leading to the complainant's economic suffered serious losses. Based on the investigation and relevant legal provisions, Chongqing Lawyers Association decided to give Wu Zhuo Shi lawyer public condemnation of the industry disciplinary action.
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