First, accurately distinguish between real lawyers and fake lawyers to prevent being fooled.
Nowadays, many people pretend to be lawyers to solicit lawsuits to help others. Society calls these people "black lawyers". They pretend to be lawyers and cheat money by lies such as "winning the lawsuit" or "having relations with the judge". According to the law, the public security organs can impose administrative punishment on him, and if he swindles a large amount, it may also constitute a crime.
Here are a few points that can tell you whether a lawyer is true or not:
1. Lawyers all hold lawyer qualification and practicing certificate, which has the number of practicing certificate and must be registered every year. Those who are not registered in that year are invalid;
2 lawyers handling cases must be accepted by the law firm, with the approval form of the person in charge of the firm;
3. When handling a case, you must sign an agency contract with the parties;
4. Before appearing in court, the lawyer shall submit the power of attorney of the law firm to the court;
5. Lawyers' fees include the charging standards of the price department and the tax invoices of the financial department of the law firm;
Distinguishing between true and false lawyers is very important for protecting their legitimate rights and interests! Lawyer legal service is a highly professional industry, so the state's management of lawyer qualification and practice discipline is very strict and standardized, so you should keep your eyes open!
Second, the correct division between lawyers and lawyers.
At present, in addition to lawyers, some people in our country have certain legal knowledge, but they have not passed the national unified judicial qualification examination and obtained the lawyer's practice certificate, so they are not lawyers and cannot practice in the name of lawyers. They are now called "legal workers" or "grassroots legal workers", and the name of the workplace can only be called "legal service office". Sometimes the parties are used to calling them "lawyers", which is wrong! This is the case for all legal service institutions that have the brand of "legal service office" but no name of "lawyer". It is also illegal for them to solicit business agency litigation in the name of "lawyers" and should be given administrative punishment by judicial administrative organs.
Lawyers and legal workers mainly distinguish from the following aspects:
1. Different qualifications and practice places. A lawyer holds a lawyer's practice certificate and is registered to practice in a law firm; However, legal workers do not have a lawyer's license, but only a legal service worker's license to practice in a legal service office;
2. Different business scope. The business scope of lawyers is quite extensive, while the business scope of legal workers is relatively narrow, such as not handling criminal defense cases and not doing witness business in grassroots legal services;
3. Different access conditions. A lawyer who has a bachelor's degree or above, has passed the national unified judicial qualification examination, obtained a legal professional qualification certificate and practiced in a law firm for more than one year, and can only practice after being issued a lawyer's practice certificate by the Provincial Department of Justice. For legal practitioners, they only need high school education or above to obtain the practice certificate of grassroots legal service workers.
To sum up, the requirements of practicing lawyers are much stricter than those of grassroots legal workers: first, legal workers can take the exam after graduating from high school, while lawyers must graduate from college to sign up for the exam; Two, the legal worker's work unit is
* * Law Service Office
And the lawyer's work unit is
* * Law firm
, the difference between a few words, pay attention to distinguish! Third, according to the regulations, legal workers can only handle general civil cases and are not qualified to represent criminal and other professional legal services; Fourth, at present, the Ministry of Justice lacks effective management of legal workers, and legal workers do not have to pay taxes, so the fees are generally low. It is expected that with the development of the lawyer industry, the improvement of the lawyer law and other related legislation, and the maturity and perfection of the international and domestic legal service market, grassroots legal workers will gradually adjust the field of paid legal services in the future. Three, according to the above situation, when hiring a lawyer should pay attention to the following points:
1. You should choose a regular law firm. Note: A formal law firm is a firm with the word "lawyer" in its name. The name of the unit with only "legal service" but no "lawyer" belongs to the grassroots legal service office, not a formal law firm;
2, review the business license of the law firm, a comprehensive understanding of the business situation of the law firm. Beware of consulting agencies and agencies that have a small room on the roadside and have no practice license.
3. For the lawyer to be selected, check his lawyer's practice certificate, write down the certificate number, and check the authenticity of the certificate with the judicial administrative organ when necessary. According to the regulations of the Ministry of Justice, the business card of a practicing lawyer must be printed with the lawyer's license number. Therefore, from the business card, we can preliminarily examine his identity.
Further verification needs to be verified with the judicial administrative department or the bar association. You can also log on to the website of the National Legal Control Data Center jointly sponsored by the Attorney Notary Department of the Ministry of Justice and all china lawyers association, and enter your name or practice license number to immediately check the authenticity of the lawyer's identity.
5. The entrusted matters are consistent with the lawyer's expertise. There is a specialization in the industry. Like the complicated social division of labor, every lawyer has his own relatively professional legal service field. When hiring a lawyer, we should first consider this factor. A qualified lawyer is not only complete, but also an expert. Some are good at non-litigation business, some are good at litigation agency, some are good at civil field, some are familiar with criminal defense, some are good at intellectual property rights, and some are good at international trade.