Lawyers have the right to investigate and collect evidence on their own, and only need "two certificates" to be complete. To meet with a criminal suspect or defendant, "three certificates" are required, namely, lawyer's practicing certificate, law firm certificate, and authorization. letter or official legal aid letter. However, despite the clear provisions of the law, it is generally difficult for lawyers to obtain evidence themselves, and defendants are often unwilling to cooperate. If a criminal case is involved, the lawyer himself may also suffer personal risks.
First of all, the court must review whether the party's application complies with legal provisions to determine whether it has investigated and collected evidence ex officio. The rules of evidence regarding the court's ex officio acquisition of evidence are relatively vague, and the court obviously adopts a shirk attitude towards those who do not meet the conditions. Once the application is denied by the court, the parties have no other remedies.
Legal Basis
"Lawyers Law of the People's Republic of China"
Article 3 stipulates that lawyers must abide by the Constitution and laws, and abide by lawyers' professional ethics and practice disciplines.
Lawyers’ practice must be based on facts and the law as the criterion.
The practice of lawyers must accept the supervision of the state, society and the parties.
Lawyers' practice in accordance with the law is protected by law, and no organization or individual may infringe on lawyers' legitimate rights and interests. Article 6 To apply to practice law, one must submit an application to the judicial administration department of the people's government of the city or municipality directly under the Central Government where the place is located, and submit the following materials:
(1) National Unified Legal Professional Qualification Certificate;
(2) Materials issued by the Lawyers Association on the applicant’s internship assessment status;
(3) Proof of identity of the applicant;
(4) Letter of agreement to accept the applicant issued by the law firm prove.
If the applicant applies to engage in the lawyer profession part-time, he shall also submit a certificate issued by his/her employer that agrees to the applicant's part-time employment as a lawyer.
The department accepting the application shall conduct an examination within 20 days from the date of acceptance, and submit the examination opinions and all application materials to the judicial administrative department of the people's government of the province, autonomous region, or municipality directly under the Central Government. The judicial administrative department of the people's government of the province, autonomous region, or municipality directly under the Central Government shall review the submitted materials within ten days from the date of receipt and make a decision on whether to allow practice. If the applicant is allowed to practice law, a lawyer's practicing certificate shall be issued to the applicant; if the applicant is not allowed to practice law, the applicant shall be given a written explanation of the reasons.