Lawyer violates the lawyer law what consequences
Lawyer violates the lawyer law what consequences, everyone is equal before the law, the law is our protection is also each of us have the obligation to comply with, for the law in fact covers all aspects of our daily life, the following to understand the lawyer violates the lawyer law what consequences.
Lawyers violate the lawyer law what consequences 1
Lawyers, law firms have violations, should be given administrative punishment, by the judicial administrative organs in accordance with the "lawyers law", "administrative punishment law" and relevant laws, regulations, rules and regulations, as well as the implementation of the provisions of this method of administrative punishment.
Legal basis: "lawyers and law firms illegal punishment measures" article 2 lawyers, law firms should be given administrative punishment for illegal behavior, by the judicial administrative organs in accordance with the "lawyer law", "administrative punishment law" and relevant laws, regulations, rules and regulations, as well as the provisions of these measures to implement administrative punishment.
lawyers and law firms in violation of laws and penalties
article 1 in order to standardize the lawyers, law firms in violation of laws and penalties, to protect the healthy development of the legal profession, according to the "people's republic of china *** and the state administrative penalties law", "the people's republic of china *** and the state lawyers law" (hereinafter referred to as the "lawyers law") and other laws and regulations, as well as relevant provisions, the formulation of these measures.
Article 2 of the judicial administrative organs of lawyers, law firms in violation of the implementation of administrative punishment, shall be in accordance with relevant laws, regulations and "judicial administrative organs of administrative punishment procedures" and other regulations, as well as these measures.
Article 3 the judicial administrative organs of lawyers, law firms to implement administrative penalties, shall follow the principle of openness and fairness.
Implementation of administrative penalties, shall be based on the facts, and the facts of the offense, nature, circumstances, and the degree of social harm.
Article IV of the judicial administrative organs in investigating and dealing with lawyers, law firms in violation of the law, shall give full play to the functional role of the Bar Association.
Article 5 of the lawyers in violation of the types of administrative penalties are:
(a) warning;
(b) confiscation of illegal income;
(c) stop practicing law;
(d) revocation of practicing certificate.
Article 6 of the types of administrative penalties imposed on law firms for violations of the law are:
(a) warning;
(b) confiscation of illegal income;
(c) suspension of practice;
(d) revocation of the license to practice.
Confiscation of illegal income, may also be fined not less than one and not more than five times the illegal income.
Article 7 lawyers have "lawyers law" article 44, paragraph 1 to 10 and article 45 of the illegal behavior, the judicial administrative organs shall be in accordance with the "lawyers law" as well as the measures to give the appropriate penalties.
article 8 lawyers have the following acts, belongs to "lawyers law" article 44, item 11 of the "shall be punished for other acts", the judicial administrative organs shall in accordance with the "lawyers law" as well as these measures shall be given the corresponding punishment:
(a) at the same time in the lawyer's office and other legal services Institutions;
(ii) in the same case, at the same time for the client and the client has a conflict of interest in the third party representation, defense;
(iii) in two or more interested cases, respectively, for the conflict of interest in the representation of the parties, defense;
(iv) as a legal adviser during the legal advisory unit for the opposing party or other parties with conflict of interest;
(e) to compete for business, false promises to the client;
(f) the use of the media, advertising or other means of untrue or inappropriate publicity;
(g) fabrication, dissemination of false facts, damage, defamation of other lawyers and law firms;
(H) take advantage of the relationship with the judicial organs, administrative organs or other organizations with social management functions, unfair competition;
(I) accept the entrustment, do not conscientiously perform their duties, causing losses to the client;
(J) accept the entrustment, without justifiable reasons, do not provide the client with the agreed upon legal services;
(XI) beyond the entrusted authority, engaged in activities unrelated to the legal affairs entrusted to the agent';
(xii) after accepting the entrustment, intentionally harming the interests of the client, or with the other party, a third party malicious collusion against the interests of the client;
(xiii) in order to obstruct the client to dissolve the entrusted relationship, threatening, intimidating the client, or without a justifiable reason to detain the materials provided by the client;
(xiv) after receiving the entrustment, deliberately harming the interests of the client, or with the opposing party, third party malicious collusion against the interests of the client;
(xiv) violation of the provisions of the lawyers service fee management or fee contract agreement, to the client to ask for fees or property other than the provisions of the agreement;
(xv) practicing as a non-lawyer to engage in legal services;
(xvi) undertake the case, in the non-working time, non-work place, to meet with the case of the judges, prosecutors, arbitrators, or other relevant staff, or in violation of the provisions of the case. Or other relevant staff, or in violation of the provisions of the unilateral meeting with judges, prosecutors, arbitrators or other relevant staff;
(xvii) lawyers who have served as judges, prosecutors, within two years after leaving office as a litigation agent or defender, or as an agent or defender of the case during their tenure of office;
(xviii) in violation of the provisions of the carry non Lawyers to meet with detained criminal suspects, defendants or detained criminals, or in the meeting in violation of the relevant administrative provisions;
(xix) to the judicial administrative organs or lawyers' associations to provide false materials, concealment of important facts or other falsehoods;
(xx) continue to practise during the period of suspension of the practice of law or law firms suspended from rectification period, canceled continue to practice as the original During the period, after the cancellation of the law firm continues to practice in the name of the original firm;
(xxi) there are other illegal or contrary to the lawyer's professional ethics, civic moral norms of behavior, serious damage to the image of the lawyer's profession.
article 9 law firms have one of the following acts, by the province, autonomous region, municipality directly under the central government judicial administrative organs to give a warning, confiscate the illegal income, suspension of rectification for more than three months than one year of punishment:
(a) using the name of the law firm without authorization for the activities of law firms, or unauthorized change, lending the name of the law firm;
(B) change the name, constitution, person in charge, partners, residence, partnership agreement and other matters, and failed to register the change within the prescribed time;
(C) take improper means to obstruct the partners, collaborators, lawyers to withdraw from the firm;
(D) the development of people who do not meet the prescribed conditions for partners, collaborators, or elected as the head of the law firm;
(5) not in accordance with the provisions of the unified acceptance of entrustment, signed a written contract of entrustment and fee contracts, unified collection of fees paid by the client, or not in accordance with the provisions of the unified custody, use of lawyers' services special instruments, financial bills, business records;
(6) not to the client to issue lawful bills for legal fees for lawyers' services, or not to the client to submit the cost of the case expenses of the valid vouchers;
(g) violation of the provisions of the lawyers service charge management or fee contract, unauthorized expansion of the scope of the fee, raise the fee standard, or solicitation of provisions, other than the agreement of the fee;
(h) without approval, unauthorized in the place other than the residence to set up an office, reception room, or unauthorized establishment of branch offices;
(ix) the employment of lawyers or other Staff, not in accordance with the provisions of the employment contract with the candidates, not for their social insurance;
(j) maliciously evade the debts of the law firm and its branches;
(k) the use of the media, advertisements, or other means of untruthful or inappropriate publicity;
(xii) the use of payment of referral fees, kickbacks, promised benefits and other improper ways to compete for business;
(l) using the introduction of fees, kickbacks, promised benefits and other improper ways to compete for business. Improper way to compete for business;
(xiii) the use of the relationship with judicial organs, administrative organs or other organizations with social management functions, unfair competition;
(xiv) fabrication, dissemination of false facts, damage, defamation of other law firms and lawyers' reputation;
(xv) in the same case, the lawyers assigned to the firm for the two sides of parties Or have a conflict of interest of the parties to represent, defend, but the county (city) within only one law firm, and the consent of the parties;
(xvi) disclosure of commercial secrets or personal privacy of the parties;
(xvii) to the judicial and administrative organs, lawyers' associations, to provide false evidence, concealment of important facts, or other acts of falsification;
(xviii) allow or acquiesce in the suspension of the lawyers continue to practice;
(xix) the use of the issuance or provision of the law firm letter of introduction, lawyers service special instruments, fee notes, etc., for the people who have not obtained a lawyer's license or other law firms to facilitate the illegal practice of law;
(xx) for the people who did not obtain the license to print lawyers Practice permit for the person who has not obtained a lawyer business card, logo or issued other identification of lawyers, or known to the firm of the above acts and not stop;
(xxi) allow or acquiesce in the lawyers to undertake cases for the judges, prosecutors, arbitrators to buy goods, funding travel, reimbursement of expenses, renovation of homes, or to provide transportation, means of communication;
( Twenty-two) does not pay taxes in accordance with the law;
(xxiii) shall be punished for other behavior.
Article 10 law firms have one of the following circumstances, by the province, autonomous region, municipality directly under the central government judicial administrative organs to give revocation of practicing certificate of punishment; have illegal income, confiscate the illegal income, and may be fined:
( a ) by the suspension of rectification punishment and refused to rectify, or continue to practice during the period of suspension and rectification;
( b ) to the judge, prosecutor, Arbitrators or other relevant staff to pay bribes;
(3) subject to criminal sanctions;
(4) other illegal acts, seriously damage the image of the lawyer's profession.
Article 11 lawyers, law firms have "lawyers law" and the provisions of this law, the judicial administrative organs, once discovered or received a complaint, shall be investigated, comprehensively, objectively and impartially ascertain the facts and collect evidence. The investigation of lawyers, law firms should be investigated to the investigating authorities truthfully state the facts, provide relevant materials.
Article 12 of the judicial administrative organs can be entrusted to the lawyers association of lawyers, law firms to investigate violations.
Accept the commission of the lawyers association shall be comprehensive, objective and impartial to ascertain the facts, collect evidence, and the judicial administrative organs to implement the administrative penalty recommendations.
Article 13 of the judicial administrative organs of lawyers, law firms in the proposed administrative penalty before the decision, shall inform the facts of the violation of law shall be ascertained, the reasons for punishment and the basis, and inform the parties concerned of their rights under the law. Oral notification, shall make a transcript. Lawyers, law firms have the right to make statements and defense, the right to apply for a hearing according to law.
Lawyers, law firms of administrative penalties, the right to apply for administrative reconsideration or administrative litigation.
Article 14 the lawyers association in the investigation of lawyers, law firms in violation of professional ethics and practice discipline, found in accordance with the "lawyers law" and the provisions of the administrative penalty should be given, shall be submitted to the judicial administrative organs with jurisdiction.
Article 15 of the judicial administrative organs, bar associations in the investigation and handling of lawyers, law firms in the process of violation of law, that their behavior constitutes a crime, shall be transferred to the relevant authorities, shall be investigated for criminal responsibility.
Article XVI of these measures by the Ministry of Justice.
Article XVII of these measures since May 1, 2004 shall come into force. January 31, 1997 the Ministry of Justice issued by the "lawyers illegal punishment" shall be repealed.
Lawyers violate the law what consequences 2lawyers violations of which
Legal analysis: (a) at the same time in two or more law firms; (b) by improper means to solicit business; (c) in the same case for both parties as an agent, or agent and myself and my close relatives have a conflict of interest legal affairs; (4) serving as a litigation agent or defender within two years after leaving the People's Court or the People's Procuratorate;
(5) refusing to fulfill the obligation of legal aid. (F) privately accepting a commission, charging fees, and accepting property or other benefits from the client; (G) after accepting a commission, refusing to defend or represent the client without justifiable reasons, and failing to appear in court on time to participate in the litigation or arbitration; (H) taking advantage of the convenience of the provision of legal services to profit from the rights and interests of the parties involved in the dispute; and (D) divulging commercial secrets or personal privacy.
Legal basis: "the Chinese people's *** and state lawyers law"
Article 48 lawyers have one of the following behaviors, by the municipal people's government of the district people's government of the city or municipality directly under the central government of the judicial administrative department shall give a warning, and may be fined not more than 10,000 yuan; there is illegal income, confiscate the illegal income; the seriousness of the situation, shall be given to stop practicing law for three months to six months or less of the punishment: < /p>
(a) privately accept the commission, charge a fee, accept the client's property or other benefits; (b) after accepting the commission, without a valid reason, refused to defend or represent, do not appear in court on time to participate in the litigation or arbitration; (c) the use of the convenience of the provision of legal services to profit from the parties to the controversy over the rights and interests of the parties; (d) disclosure of commercial secrets or personal privacy.
Article 49 A lawyer who commits any of the following acts shall be punished by the judicial administrative department of the people's government of the city or municipality directly under the central government with a suspension of practice for a period of not less than six months and not more than one year, and may be fined not more than 50,000 yuan; if there is any unlawful income, the unlawful income shall be confiscated; and if the circumstances are serious, the judicial administrative department of the people's government of the province, autonomous region, or municipality directly under the central government shall revoke his lawyer's Practice certificate; constitutes a crime, shall be investigated for criminal responsibility:
(a) violation of the provisions of the meeting with judges, prosecutors, arbitrators and other relevant staff, or other improper way to influence the handling of the case according to law;
(b) to the judges, prosecutors, arbitrators and other relevant staff to pay bribes, introduce bribes, or instructing or inducing the parties to pay bribes;
(c) the lawyer's license shall be suspended by the judicial administrative department of the people's government of the province, autonomous regions and municipalities directly under the central government.
(3) Providing false materials to the judicial administrative department or other falsehoods;
(4) Deliberately providing false evidence or threatening or inducing others to provide false evidence, preventing the other party from legally obtaining evidence;
(5) Accepting the other party's belongings or other benefits, and maliciously colluding with the other party or the third party to infringe on Client's rights and interests;
(F) disturbing the order of the court or arbitral tribunal, interfering with the normal conduct of litigation and arbitration activities;
(G) inciting or abetting the parties to adopt illegal means to resolve disputes, such as disrupting the order of the public ***, endangering the safety of the public ***, etc.;
(H) publishing statements endangering national security, maliciously slandering other people, and seriously disrupting the court's order ;
(ix) the disclosure of state secrets. Lawyers for intentional crimes subject to criminal punishment, by the people's governments of provinces, autonomous regions and municipalities directly under the central people's judicial administrative departments revoke their lawyer's license to practice.
violation of the lawyers law what civil liability
(a) violation of the provisions of the acceptance of entrustment, collection of fees;
(b) violation of the legal procedures for change of name, responsible person, constitution, partnership agreement, residence, partners and other major matters;
(D) soliciting business by unfair means such as slandering other law firms or lawyers or paying referral fees;
(E) accepting cases with conflict of interest in violation of the regulations;
(F) refusing to fulfill the obligation of legal aid;
(G) providing false materials or false information to the judicial and administrative departments;
(G) providing false information to the judicial and administrative departments;
(h) providing false information to the judicial and administrative departments;
(i) providing false information to the judicial and administrative departments, or providing false information to the judicial and administrative departments (G) to the judicial and administrative departments to provide false information or other fraudulent behavior;
(H) negligent management of the firm's lawyers, resulting in serious consequences.
Law firms for the preceding paragraph of the violation of the penalty, the person in charge, depending on the severity of the case, shall be given a warning or impose a fine of less than 20,000 yuan.