4. Risks of administrative punishment and industrial punishment
The risk of administrative punishment and industrial punishment refers to the punishment given by the lawyer management department and the self-regulatory association for violating the Lawyers Law or the Code of Conduct for Lawyers.
The main legal basis is Articles 47 to 53 of the Lawyers Law and the Code of Conduct for Lawyers. In particular, Article 49 of the Lawyers Law stipulates that if a lawyer commits one of the following acts, the judicial administrative department of the people's government at the municipal level or municipality directly under the Central Government will give him a punishment of stopping practicing for more than six months and less than one year, and may also impose a fine of less than 50,000 yuan; Illegal income, confiscate the illegal income; If the circumstances are serious, the judicial administrative department of the people's government of a province, autonomous region or municipality directly under the Central Government shall revoke his lawyer's practice certificate; If the case constitutes a crime, criminal responsibility shall be investigated according to law:
(a) meeting with judges, prosecutors, arbitrators and other relevant staff in violation of regulations, or otherwise affecting the handling of cases according to law;
(2) Offering bribes to judges, prosecutors, arbitrators and other relevant staff members, introducing bribes or instigating or inducing parties to pay bribes;
(3) Providing false materials to the judicial administrative department or committing other fraudulent acts;
(4) Deliberately providing false evidence or threatening or inducing others to provide false evidence, which hinders the other party from obtaining evidence according to law;
(5) accepting property or other benefits from the other party, and maliciously colluding with the other party or a third party to infringe upon the rights and interests of the client;
(6) Disrupting the order of courts and arbitration tribunals and interfering with the normal conduct of litigation and arbitration activities;
(seven) inciting or instructing the parties to take illegal means such as disturbing public order and endangering public security to resolve disputes;
(8) making statements that endanger national security, maliciously slander others, and seriously disturb the order of the court;
(9) divulging state secrets.
If a lawyer is subject to criminal punishment for intentional crime, the judicial administrative department of the people's government of a province, autonomous region or municipality directly under the Central Government shall revoke his lawyer's practice certificate. Article 51 stipulates that if a lawyer violates the provisions of this law and should be warned and punished within one year after being warned and punished, the judicial administrative department of the district people's government at the municipal level with districts or municipalities directly under the Central Government shall give him a punishment of stopping practicing for more than three months and less than one year; If the punishment for stopping practicing occurs again within two years after the expiration of the period, the judicial administrative department of the people's government of a province, autonomous region or municipality directly under the Central Government shall revoke the lawyer's practice certificate. The above-mentioned provisions on revoking lawyer's practice certificate are the "red line" of lawyer's practice and the question of whether a lawyer can continue to take up his post, which must be highly valued.
5, the risk of criminal responsibility
The main legal basis for assuming the risk of criminal responsibility is the provisions of Article 306 of the Criminal Law. In criminal proceedings, defenders and agents ad litem who destroy or falsify evidence, help the parties to destroy or falsify evidence, threaten or induce witnesses to change their testimony of facts or commit perjury shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; If the circumstances are serious, they shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.
This article has always been a sword hanging over the head of Lawyer China, whether you admit it or not, it has been hanging there. In addition, there are crimes of bribery, obstruction of testimony, tax evasion and disclosure of state secrets, which are high-voltage lines that we should always pay attention to and care about everywhere.
Two. Risk prevention suggestions
(1) Never undertake all lawsuits, which is the most risky behavior in specific cases.
(2) Establish a standardized risk notice, including a general risk notice and a special risk notice of this case, and properly keep this document for long-term preservation.
③ Improve the conversation notes in the process of handling cases. Due to the complexity of the case and the new situation in the process of handling the case, it is impossible to predict all risks only by the risk notarial certificate, especially when it comes to major matters such as withdrawing the lawsuit and changing the claim.
(4) Improve the charging system, charge within the scope stipulated by the price department, and show the bills.
Legal documents must be signed by the parties themselves, otherwise, you may not be clear afterwards.
⑥ Don't keep the original evidence of the parties to avoid the risk of evidence loss.
⑦ It is best to let the parties appear in court, so that they can understand the trial process of the case and avoid doubts about your handling of the case. Secondly, it is necessary to let the third person recognized or designated by it participate in the audit.
Avoid lawyers taking evidence alone in criminal cases. You really can't tell whether the witness's statement is true or not, and once the witness feels dangerous, it is very likely that you will be confessed and involved.
Pet-name ruby establish a perfect file management system to prevent the parties from bothering you afterwards. You don't have any written evidence to prove your innocence. At the same time, filing can also confirm the standardization of your work, or keep necessary evidence support or clues for other related cases.
Attending to standardize the conversation with the parties and pay attention to the artistry of dealing with problems. In modern society, audio and video recording technology is developed. Not only will lawyers secretly record, but many people will know this technology. Don't let your hidden weapon be used by others to hurt you. Things in the world are diverse and complicated, and lawyers should be experts in coordinating and dealing with problems, and the artistry of dealing with problems is particularly important to lawyers.