In the practice of legal aid, the government and lawyers bear the responsibilities and obligations of legal aid on different grounds. Mandatory provisions on lawyers' obligation to provide legal aid may lead to the virtual responsibility of the government or provide a basis for the government to pass on its responsibility. I hope you like the legal aid lawyers I have compiled for you. Legal aid lawyers
1. Work contents of the legal aid workstation of the detention center
(1) Providing free legal advice to detainees and their close relatives and visiting people, and guiding eligible detainees and their close relatives to apply for legal aid.
(2) To be responsible for receiving and registering applications for legal aid from detainees and their close relatives, and conducting preliminary examination of the application materials. To meet the conditions of legal aid, timely put forward preliminary opinions and transfer them to their legal aid institutions together with the application materials; Do a good job in explaining to the applicant those who do not meet the conditions of legal aid.
(3) assisting legal aid lawyers to carry out legal aid work such as meeting and handing over legal documents.
(4) Carry out publicity and education activities on legal aid from time to time, and give special lectures on legal knowledge for detainees, focusing on publicizing and popularizing relevant legal knowledge, the scope and conditions of legal aid, the procedures for applying for and handling legal aid matters, and the rights and obligations of recipients.
II. Responsibilities of legal aid institutions
(1) Designate a special person to be responsible for the daily work of the workstation, arrange legal aid lawyers to be on duty at the workstation, and bear the subsidies for lawyers to be on duty. The duty time is agreed according to the actual demand.
(2) A lawyer assigned to a detention center shall meet the following conditions:
1. I have declared to be a volunteer lawyer for legal aid and am willing to undertake criminal cases;
2. Practice in Guangzhou Standard Law Firm;
3. Have more than five years of practice experience;
4. It has not been subjected to administrative punishment by judicial administrative organs or industrial punishment by lawyers' associations.
(3) training the public security police in detention centers on legal aid business knowledge.
(4) printing legal aid publicity materials for the legal aid workstation of the detention center.
(5) supervise and guide the workstation, solve the problems encountered in the work with the detention center in time, and sum up the promotion experience in time.
(6) Handling the application for legal aid forwarded by the workstation.
(7) random inspection of the legal aid work of the workstation.
III. Responsibilities of the detention center
(1) Hanging the detention center at the gate of the detention center? Construction of five modernizations? Signboard logo style? * * * The workstation of the Legal Aid Office (Center) in the detention center? Signs, the person in charge of the detention center is the stationmaster, and a special person is appointed to be responsible for the daily work.
(2) provide special office space. The place should be located at a location convenient for people to consult, equipped with independent office tables, chairs and office appliances, with public information such as legal aid guide, workstation responsibilities, institutional setup and personnel composition hanging on the wall, and placed on the desk? Legal aid lawyer? Water signs, set up an independent information shelf for placing legal aid publicity materials.
(3) Responsible for attendance registration, supervision and management of lawyers on duty, maintaining the order of the consultation site, providing lunch for lawyers on duty, arranging lunch breaks for lawyers on duty, and providing parking spaces for lawyers on duty who drive there.
(4) When the detainees are educated in the institute, they shall be served with the Notice of Criminal Legal Aid, so that each detainee has one person; Provide criminal legal aid publicity materials to the close relatives of detainees, so that the awareness rate of legal aid can reach 111%.
(5) Designate a special person to be responsible for the daily operation of the workstation, assist detainees in handling the application procedures for legal aid, receive applications for legal aid from detainees and their close relatives, and forward the application materials to legal aid institutions within 24 hours after receiving the applications; Do a good job in explaining to the applicant those who do not meet the conditions of legal aid.
(6) pay close attention to the operation of the workstation, solve the problems encountered in the work with the legal aid institutions at the same level in a timely manner, and summarize the promotion experience in a timely manner.
iv. Work connection mechanism of the legal aid workstation in the detention center
(1) On-duty consultation
1. When the legal aid lawyer is on duty at the workstation, the police of the detention center should remind the lawyer on duty to register and sign the Sign-in Form for the Lawyers on Duty at the Legal Aid Workstation in the detention center. The detention center shall exchange the original sign-in form of last month to the legal aid institution before the 3rd of each month, and keep the copy on file for future reference.
2. If the detainees need legal advice, the workstation staff designated by the detention center should guide the detainees to fill in the Legal Aid Consultation Registration Form before the next lawyer's duty day, arrange the consultation order and time of the detainees on the duty day, hand the consultation form to the lawyer on duty in a unified way on the duty day, and arrange for the detainees to consult the lawyer on duty in an orderly manner at the designated place.
3. When the legal aid lawyer is on duty, he can accept the legal advice of the close relatives of the detainees and other people after answering the legal advice of the detainees. The workstation staff designated by the detention center should guide the people waiting for consultation to fill in the Registration Form for Legal Aid Consultation in advance, and arrange the people who have filled in the form to queue up for consultation in turn. During the duty hours of non-lawyers, the workstation staff designated by the detention center should guide the people with consultation needs to go to various legal aid institutions for consultation, or come to consult before the duty days of lawyers.
4. The workstation staff designated by the detention center shall compile and file all the Registration Forms for Legal Aid Consultation for future reference, and indicate the total number of people who provided consultation in the current month on the Sign-in Form for Lawyers on Duty at the Legal Aid Workstation of the Detention Center.
5. If the detention center finds that the lawyer on duty has violated the rules and regulations, it shall promptly inform the legal aid institution at the same level.
(II) Transfer of case
1. If a detainee or his close relatives do not need to submit proof of financial difficulties to apply for legal aid, the workstation staff designated by the detention center should directly guide him to fill out the Application Form for Legal Aid, collect and sort out relevant materials, and fill out the Approval Form for Legal Aid. Workstation preliminary examination opinion? The column indicates the circumstances in which the applicant does not need to submit proof of financial difficulties and issues preliminary examination opinions, and the application form, applicant information, approval form and case materials shall be forwarded to the legal aid institution at the same level within 24 hours.
2. If a detainee in general applies for legal aid, the workstation staff should guide him to fill out the Application Form for Legal Aid, provide the contact information of his guardian, close relatives or other personnel entrusted by him, and inform him that if the guardian, close relatives or other personnel entrusted by him cannot provide proof of the applicant's financial difficulties, his application may not be accepted. The workstation staff designated by the detention center shall, within 24 hours, forward the application form, the applicant's information, the entrusted personnel's information, the power of attorney signed by the detainee and the case materials to the legal aid institution at the same level. The legal aid institution shall handle the matter within the specified time. If the entrusted person cannot be contacted, or the entrusted person cannot provide the applicant with proof of financial difficulties, it shall promptly inform the workstation staff designated by the detention center in writing. The workstation personnel designated by the detention center shall promptly inform the applicant of the situation.
3. If a close relative of a detainee in general applies for legal aid, the workstation staff designated by the detention center shall submit the Application Form for Legal Aid and the Statement of the Financial Situation of the Legal Aid Applicant to the applicant, and instruct them to bring all relevant materials to the legal aid institution at the same level or the workstation to submit the application after obtaining the proof of financial hardship and kinship. The workstation staff designated by the detention center shall fill in the Legal Aid Approval Form after receiving the application submitted by the close relatives who have proved their financial difficulties and kinship. Workstation preliminary examination opinion? A column issued a preliminary examination opinion, and within 24 hours, the application form, proof of financial difficulties, proof of kinship, information of the applicant and close relatives, approval form and case materials shall be forwarded to the legal aid institution at the same level.
V. Mode of cooperation
When legal aid institutions and detention centers at the same level set up legal aid workstations, they should sign a cooperation agreement between them, clarify their work responsibilities and contents, establish a work connection mechanism, and steadily promote the legal aid workstations of detention centers to carry out various legal aid work in an orderly manner.
attachment: 1. notification of criminal legal aid;
2. Sign-in form for lawyers on duty at the legal aid workstation of the detention center;
3. Approval Form for Legal Aid (district and county workstations). The second chapter of legal aid lawyers
21XX was jointly organized and implemented by the guidance department of lawyers' notarization work of the Ministry of Justice, the legal aid department of the Ministry of Justice, the youth volunteer work department of the Central Committee of the Communist Youth League, the legal aid center of the Ministry of Justice, and the all china lawyers association and China Legal Aid Foundation? 1+1? China Legal Aid Volunteer Action entered Guangxi for the first time. With the support and encouragement of the leaders and colleagues of Guangxi Guohai Law Firm, Mr. Qin Chenshou, who is determined to sublimate the lawyer's personal value and carry forward the lawyer's spirit of contributing to and serving the society, has been honored as a lawyer for 21XX years after strict examination and screening. 1+1? Volunteer lawyer of China Legal Aid Volunteer Action, and was assigned to Bobai County Legal Aid Center in Guangxi to engage in legal aid work.
on July 9, 21XX, lawyer Qin Chenshou went to Beijing to attend the 21xx annual meeting? 1+1? The launching ceremony of China Legal Aid Volunteer Action was cordially received by Zhao Dacheng, Vice Minister of Justice, and was awarded the honorary certificate. After returning to Nanning, Guangxi, the Department of Justice of Guangxi, the Legal Aid Center of Guangxi, the Legal Management Department of the Department of Justice of Guangxi and the Nanning Municipal Bureau of Justice all attached great importance to helping solve some problems of volunteer lawyers in handling cases, living and studying in different places. All lawyers of Guangxi Guohai Law Firm held a grand farewell ceremony for lawyer Qin Chenshou, and placed high hopes on his volunteer work. On July 23rd, 21XX, lawyer Qin Chenshou officially went to Guangxi Bobai Legal Aid Center to do volunteer work. Bobai County Judicial Bureau welcomed the arrival of volunteer lawyers and made every effort to arrange their work and life.
After Qin Chenshou, a volunteer lawyer, came to Bobai Legal Aid Center, he carried out volunteer work conscientiously despite all difficulties and actively handled various civil, administrative and criminal legal aid cases. Seriously receive letters and visits from the masses and patiently answer legal advice; Assist the local legal aid center to establish and improve various legal aid systems; Actively publicize legal aid activities and promote the popularization of legal aid knowledge; Assist the judicial bureau to send the law to the countryside and assist the local judicial office to enter the village to carry out mediation work; Hold legal publicity lectures, organize legal knowledge lectures, train grassroots legal aid talents, and expand grassroots legal aid teams; Hold legal publicity lectures in primary and secondary schools to publicize legal aid knowledge.
according to the actual situation of local legal aid in Bobai, and consulting the director and senior lawyers of Guangxi Guohai Law Firm, lawyer Qin Chenshou decided to provide special legal aid to minors, farmers, disabled people, women and the elderly, and actively provided legal advice and assistance to this kind of vulnerable groups, with fruitful results. 21XX From July 23rd to June 21th, 21XX, volunteer lawyers handled 45 legal aid cases in Bobai County Legal Aid Center, including 21 criminal defense cases, 22 civil cases and 3 labor dispute arbitration cases. At present, * * * has closed 31 cases, including 17 cases of criminal designated defense and 13 cases of civil cases, which has recovered economic losses of 835,124.35 yuan for the recipients and provided legal aid due to many minors (persons with limited capacity).
Lawyer Qin Chenshou organized eight large-scale legal publicity activities in Bobai County, distributed 2,111 copies of various legal aid publicity materials, received more than 511 people on the spot, and provided legal advice on economic disputes, land contracting, marriage and family, damage compensation, protection of migrant workers' rights and interests, juvenile delinquency, etc. In addition, Mr. Qin Chenshou also went to the countryside with relevant leaders to handle sensitive group disputes for many times. Typical examples are: On February 2, 21XX, Mr. Qin Chenshou also cooperated with Secretary Lin of Bobai County Judicial Bureau, Deputy Director Mo of the county government office and Feng Yong to mediate the campus injury accident of Xu students in Xinxu Village, Yingqiao Town, Bobai County. Until 12: 31 in the morning, he finally reached a mediation agreement with the victims' families, which successfully solved the accident. On February 7th, 21XX accompanied Deputy Director Huang of Bobai County Judicial Bureau, the person in charge of the legal aid center and the notary office to Bobai TV Station to record the radio and television program of the professional hotline, and answered the audience's questions on legal aid, notarization and other related issues of public concern. On February 11 and 12, 21XX, we organized the 21XX examination of popularizing the law for leaders and cadres in our county together with the Bureau of Justice, and invigilated it in Bobai Town No.1 Primary School and Bobai County Experimental Middle School.
While handling legal aid cases and providing legal services, volunteer lawyer Qin Chenshou also actively exchanged cases and kept close contact with the judicial offices of Bobai towns, and cooperated with the person in charge of the center to establish and improve the systems of accepting, approving and assigning legal aid cases, file management system, conference learning system and report statistics system, thus realizing legal aid work? Four unification? That is, the legal aid center unifies the standards of aid cases, accepts legal aid cases, assigns legal service personnel to handle aid cases, and supervises and inspects the quality of aid cases. The legal aid work in the county has been brought into an institutionalized and standardized management track. Actively carried out legal aid publicity activities, increased the number of legal aid teams in the center, and strengthened the role of Bobai County Legal Aid Center as a window for judicial administrative departments to contact the masses, which won unanimous praise from the masses.
During the service of Bobai County Legal Aid Center, Guangxi Provincial Department of Justice, Guangxi Legal Aid Center and Legal Management Office of the District Department of Justice sent personnel to Bobai for many times to care for and guide the work of lawyer volunteers. Guangxi Guohai Law Firm has organized case seminars for many times to give advice on Qin's legal aid work. Lawyer Lin Gan, the director of the firm, also led some lawyers to Bobai County twice to express condolences and care for Qin Chenshou's lawyer and solve some life problems for him. Bobai County Judicial Bureau tries its best to solve problems for volunteer lawyers, and actively cooperates with and assists volunteer lawyers to carry out their work in Bobai. With the care and hard support of all parties, volunteer lawyers can develop smoothly in Bobai? 1+1? Legal aid work.
Bobai county has a large population and a relatively low education popularization rate. It is one of the poverty-stricken counties in the country, with a strong demand for legal aid and a long way to go. We sincerely hope that more legal aid workers like Qin Chenshou, a lawyer from Guangxi Guohai Law Firm, will join us? 1+1? The legal aid team in China tries to extend the legal aid work to the places where we are most in need of help, and make a modest contribution to the establishment of a more harmonious and stable Bobai and even China.
in 21XX, Mr. Qin Chenshou was once again approved by the guidance department of lawyers' notarization work of the Ministry of Justice, the legal aid department of the Ministry of Justice, the youth volunteer work department of the Central Committee of the Communist Youth League, the legal aid center of the Ministry of Justice, and the all china lawyers association and China Legal Aid Foundation as the 21xx annual?