When the parties demand compensation for losses, they shall clarify the following issues:
1, it must be the lawyer's misconduct in providing legal services that causes the loss of his own interests, including illegal practice and the loss of the client due to fault. The former, such as lawyers representing both parties to the same case, do not appear in court on time to participate in litigation without justifiable reasons. The latter, for example, divulges the business secrets or personal privacy of the parties concerned, which leads to the damage of the interests of the parties concerned or the violation of their personal dignity, and does not seriously investigate and collect information, thus causing undue losses to the parties concerned.
2, the loss of the parties should request compensation from the law firm, rather than directly to the lawyer himself.
3. The injured party has the right to refuse the unilateral exemption of lawyers and law firms, which is consistent with Article 24 of the Consumer Protection Law. This provides a legal basis for protecting the legitimate rights and interests of the parties, and the parties should not be afraid to make fair and reasonable demands because of the particularity of the lawyer profession.
Second, the parties may claim compensation from lawyers?
Lawyers are practitioners who provide legal services to the society, not judicial staff; A law firm is a lawyer's practice organization, not a national judicial organ. Then, the behavior of lawyers and law firms is a general civil behavior, and the relationship between lawyers and clients is a civil relationship of entrustment and entrustment, and it is a commercial behavior of serving and being served. Therefore, when providing legal services, lawyers should be liable for the losses caused by their faults.
Article 49 of China's Lawyers Law stipulates: "If a lawyer practices illegally or causes losses to his client due to his fault, his law firm shall be liable for compensation. After compensation, the law firm can recover from the lawyer who has intentional or gross negligence. " "Lawyers and law firms shall not be exempted or restricted from civil liability for losses caused to the parties due to illegal practice or fault."
Three. Responsibility of defense lawyer
A defense lawyer refers to a lawyer defender who holds a lawyer's practice license and is entrusted by the criminal suspect, defendant and their close relatives in criminal cases according to the provisions of the first paragraph of Article 32 of the Criminal Procedure Law of People's Republic of China (PRC).
The defense duties of defense lawyers are mainly: according to specific cases, put forward materials and opinions to prove the innocence of criminal suspects and defendants, lighten or reduce or exempt criminal responsibility, and safeguard their legitimate rights and interests.
Defender's legal status in criminal proceedings is an independent litigation participant and a special defender of the legitimate rights and interests of criminal suspects and defendants. Defender, criminal suspect and defendant have the same defense function, which is independent of accusation function and trial function. Defenders have the status of independent participants in litigation, defend according to their own will, perform their duties independently, safeguard the legitimate rights and interests of criminal suspects and defendants, and are not influenced by the opinions of prosecutors or the will of criminal suspects and defendants; You can neither be a "second prosecutor" nor a spokesperson for criminal suspects and defendants. Defenders and prosecutors who appear in court for public prosecution should have equal litigation status.
The above knowledge is Bian Xiao's answer to "What problems should be paid attention to when claiming damages". When the agent has dereliction of duty, the parties concerned should pay attention to whether the conditions for claiming compensation are appropriate and the object of claiming compensation. reader