Regulations of Shanxi Province on Lawyers' Practice

Article 1 In order to guarantee lawyers' legal practice, standardize lawyers' practice, safeguard the legitimate rights and interests of the parties and ensure the correct implementation of the law, these Regulations are formulated in accordance with the provisions of the Lawyers Law of People's Republic of China (PRC) and other relevant laws and regulations, combined with the actual situation of this province. Article 2 These Regulations shall apply to lawyers practicing within the administrative region of this province. Article 3 Lawyers must abide by the Constitution and laws, take facts as the basis, take laws as the criterion, and abide by professional ethics and practice discipline. Article 4 Lawyers' legal practice is protected by law, and no unit or individual may interfere or obstruct it. Fifth judicial administrative departments at or above the county level shall strengthen the guidance and supervision of lawyers, law firms, social legal service institutions and lawyers' associations.

Lawyers who have made outstanding contributions shall be commended and rewarded by the judicial administrative department and submitted to the people's government or relevant departments. Article 6 A lawyer's practice institution is a law firm.

A law firm shall establish and improve its internal management system and implement democratic management.

A law firm shall establish a reasonable distribution system and implement financial disclosure.

Law firms should strengthen their business management, and implement the system of collective discussion of difficult cases, the system of practicing insurance, the system of publicity of fees and the system of compensation liability. Article 7 Lawyers should strengthen their moral cultivation and professional accomplishment, and strive to learn and master the legal knowledge and service skills required for their practice.

Lawyers should be honest, trustworthy, dedicated and diligent, and provide legal services to clients with strict prudence and due diligence. Article 8 Lawyers' Association is a lawyer's self-discipline organization established according to law. Provinces set up local lawyers' associations, and cities divided into districts can set up lawyers' associations as needed.

Lawyers' associations shall perform their duties as prescribed by law. Article 9 Lawyers shall perform their legal aid obligations as prescribed by law.

The people's governments at or above the county level shall attach importance to and support the legal aid work and provide financial guarantee. Article 10 Lawyers may serve as legal advisers to people's governments at all levels and their functional departments.

Relevant economic departments and enterprises shall employ lawyers to participate in economic activities that should be attended by lawyers as stipulated by laws and regulations.

Lawyers employed shall actively provide timely and accurate legal services for the lawful operation of administration according to law and major economic activities. Article 11 When a lawyer undertakes business, the law firm accepts the entrustment and signs a written contract. Where a party appoints a lawyer, the law firm shall generally meet the requirements.

The business undertaken by lawyers shall be uniformly charged by law firms according to the charging items stipulated by the state, and the charging standards shall be determined by both parties through consultation except for government pricing and government guidance prices. Law firms shall not charge fees other than those prescribed by the state.

When undertaking business, a lawyer shall present the lawyer's practice certificate, the special letter of introduction of the law firm, the power of attorney of the parties and other relevant documents. Twelfth lawyers should carefully and timely collect evidence related to the cases they undertake.

Lawyers shall investigate and collect evidence from judicial organs, administrative organs, enterprises and institutions and other organizations and individuals according to law, and the relevant units and individuals shall cooperate. Thirteenth in the investigation stage of criminal proceedings, lawyers can meet with the criminal suspect in custody according to law. Lawyers meet with arrested criminal suspects, except for cases involving state secrets that require approval, and the number and time of meetings are not limited.

In the stage of examination, prosecution and trial, lawyers meet with criminal suspects and defendants in custody, and the detention organ shall make timely arrangements.

When a lawyer meets a criminal suspect or defendant, the detention organ shall not charge any fees.

If a lawyer refuses to arrange a meeting or sets obstacles during the meeting to affect the handling of the case, he may apply to the superior organ of the detention organ or the procuratorial organ for supervision and settlement. Fourteenth lawyers communicate with criminal suspects and defendants in custody according to law, and the detention organ shall promptly transfer them. Article 15 When a lawyer applies for obtaining a guarantor pending trial for a criminal suspect in custody, the organ that has the right to decide shall give a reply on whether or not to agree within seven days, and explain the reasons for not agreeing. Article 16 People's courts and people's procuratorates shall allow lawyers to consult, extract and copy the litigation documents, technical appraisal materials and materials accusing criminal facts of the cases they undertake, and provide necessary places and conditions.

Lawyers shall pay the service fee for copying relevant materials, and the relevant authorities shall issue legal receipts and shall not charge other fees.

Copying includes copying, copying, taking photos, downloading, etc. Article 17 A lawyer shall observe the time for appearing in court and attend court hearing activities on time.

Lawyers should abide by the trial order and observe and implement legal procedures. Article 18 If a lawyer cannot appear in court on time due to special reasons and applies for changing the court session time, the people's court shall consider it.

If the people's court fails to notify the lawyer to appear in court within the statutory time limit and the lawyer raises an objection, the people's court shall consider it or change the court session time. Article 19 When a lawyer acts as an agent ad litem or defender, his right to debate and defend shall be guaranteed according to law. Twentieth lawyers should submit relevant legal documents within the statutory time limit.

The public security organ, the people's procuratorate and the people's court shall perform the signing procedures for the relevant materials submitted by lawyers and bring them into the volume. The court shall record the defense or agency opinions expressed by lawyers in court.