How to file a complaint with a lawyer? 1. Introduction to the Association The Beijing Lawyers Association (hereinafter referred to as the "Association") is a social group legal person established in
How to file a complaint with a lawyer? 1. Introduction to the Association The Beijing Lawyers Association (hereinafter referred to as the "Association") is a social group legal person established in accordance with the law. It is a self-regulatory industry organization for lawyers in Beijing and implements industry management of practicing lawyers in Beijing. Second, the time for accepting complaints is Wednesday, which is the day when association directors and representatives accept complaints. The specific time is 9:00-11:30 in the morning and 1:30-4:00 in the afternoon. three. Location for accepting complaints: Beijing Lawyers Association, Building 5, Capital Building, No. 18 Xibinhe Road, Anyai, Dongcheng District, Beijing Postal code: 100111iv. Scope of complaints accepted by the Beijing Lawyers Association (1) The Association is the industry management agency for lawyers in Beijing. It provides guidance and supervision on the practice of law firms and lawyers in Beijing and is not subject to administrative penalties. The scope of cases accepted by the Disciplinary Committee of this Association is: Law firms and lawyers have violated relevant regulations in the process of representing clients, such as failure to appear in court without reason, failure to issue fee invoices, etc. If the client's complaint to the Association is not due to the practice of the law firm and the lawyer, that is, it is not a violation of regulations during the representation of the case, the Association will not accept it. (2) The following situations are not within the scope of this bureau’s handling of complaints: 1. The Association regulates the misconduct of law firms and lawyers in the process of representing clients, so the Association will not accept unprofessional behavior by law firms and lawyers. For example, law firms and lawyers are suspected of criminal offenses, reflecting lawyers' style and ethical issues, etc. 2. Civil disputes between parties, law firms and lawyers, such as requests to terminate contracts, refund of attorney fees, compensation for economic losses, loan disputes, failure to pay house rental fees by law firm lawyers, etc., are not within the jurisdiction of this association. The association will not accept it. The parties should resolve the dispute through legal channels such as court litigation or arbitration by an arbitration agency. 3. If the law firm and lawyer’s violations have occurred for more than two years, the Association will not accept the case. 4. If a complaint case that has been handled by the Association is complained again about the same fact, the Association will not accept it. 5. Basic evidence materials cannot be provided or the evidence materials are vague. 6. There is no direct or inevitable connection between the evidentiary materials and the facts of the complaint. 7. Anonymous complaints or the identity of the complainant cannot be verified, resulting in the inability to ascertain relevant facts. 5. Treatment measures 1. The Association is the industry governing body for lawyers. After review, if a law firm or lawyer has indeed violated regulations, the Bar Association can impose industry sanctions, including reprimands, notifications of criticism, public condemnation, and cancellation of memberships. Therefore, we have no authority to handle the fee issue between the client and the lawyer of the law firm, and we have no compulsory measures to require the lawyer of the law firm to refund the fee. Economic disputes between clients and lawyers of law firms shall be resolved through litigation or arbitration by an arbitration institution. 2. After receiving a complaint, if the complaint materials are complete and meet the acceptance conditions, we will decide to file the case; otherwise, the case will not be filed for review. Materials required for intransitive verb complaints (incomplete materials will not be accepted, paper size is A4, binding space is reserved on the left side) (1) If the complainant is an individual citizen, the following materials need to be submitted: 1. Complaint (in duplicate, signed by the complainant, otherwise it will be invalid), the content of the complaint is as follows: (1) Complainant’s name, gender, work unit, contact number, mailing address, postal code (2) Law firm complained against and Lawyer (3) Complaint request/demand (4) Facts and reasons for the complaint (2) Agency agreement/contract signed between the complainant and the law firm (1); and the law firm’s bill (1). (1) (2) The complainant is from an employer and needs to submit the following materials: 1. Complaint (in duplicate, must be stamped with the official seal of the unit, otherwise it will be invalid). The content of the complaint is as follows: (1) Name, mailing address and postal code of the complaining unit, name, phone number and contact person of the legal representative (2) Law firm and lawyer complained against (3) Complaint request/demand (4) Facts and facts of the complaint Reason (2) Agency agreement/contract and power of attorney signed between the complainant and the law firm (1) 3. Law firm fee bill (1) Copy of the company's business license (one copy) 5. A letter of authorization from the legal representative authorizing XXX to make a complaint and a copy of the trustee’s ID card (one copy) 6. Copy of the legal representative’s ID card (one copy) 7. Evidence materials, relevant awards and judgments that the complainant can provide to prove his complaint (1 copy). seven. Notes: 1. The relevant complaint materials submitted by the complainant to the Association are subject to the constraints of the Association and will not be returned to the complainant. 2. When complaining to the Association, the complainant may file a lawsuit with the People's Court or apply for arbitration to an arbitration institution. Complaining to the Association will not affect your filing a lawsuit in court or applying for arbitration to an arbitration institution.
Complaining to this association will not solve all your problems, such as refunding attorney fees, compensating for financial losses, etc. , can only be resolved through a court judgment or an arbitration award. Please file a lawsuit or arbitration with another institution within the time limit for claiming rights. Don’t miss your lawsuit deadline because you filed a complaint with the Chamber. The consequences will be borne by the complainant and the Association will not be held responsible. 3. The complainant’s complaint behavior is protected and restricted by national laws, and please exercise it in accordance with the law. If the improper exercise of rights interferes with or affects the normal work of the Association, the corresponding legal liability shall be borne.