The system of accepting cases by lawyers refers to the working system in which lawyers accept the entrustment of the parties and agree to handle a certain legal affairs. The general requirement for lawyers to accept clients' entrustment is to accept cases in a unified way, that is, the law firm designates a special person to be responsible for the unified reception of clients in civil and criminal litigation cases and non-litigation affairs. After the chief lawyer inquires about the basic situation of the case, he examines and approves the case and accepts the entrustment. Lawyers can't take cases on their own.
If the director of a law firm decides to accept it after examination and approval, he shall appoint a lawyer to undertake it. After the case is decided to be accepted, it shall immediately go through the entrustment procedures, register the case, and fill in the case acceptance record card. After obtaining the exemption letter of the relevant principal, the principal-agent relationship can only be established with the principal after examination and filing. At the same time, communication with interested lawyers and parties in the same case firm should be avoided, and relevant information materials should be leaked to prevent damage to relevant clients due to conflicts of interest.
legal ground
People's Republic of China (PRC) Civil Procedure Law
Article 42 In trying the following civil cases, the people's court shall not be tried by a single judge:
(a) cases involving national interests and social interests;
(2) Group dispute cases that may affect social stability;
(three) cases that are widely concerned by the people or have great social impact;
(4) New or complicated cases;
(5) Cases that should be tried by a collegial panel according to law;
(six) other cases that are not suitable for trial by judges alone. Article 41 In trying civil cases of second instance, the people's court consists of a collegial panel of judges. The number of members of the collegial panel must be odd.
When an intermediate people's court tries a civil case of second instance with clear facts and clear rights and obligations, it may be tried by a single judge with the consent of both parties.
For a case remanded for retrial, the people's court that originally tried it shall form a collegial panel in accordance with the procedure of first instance.
If the retrial case originally belonged to the first instance, a collegial panel shall be formed separately in accordance with the procedure of first instance; If it was originally a case of second instance or brought a lawsuit to a higher people's court, a collegial panel shall be formed separately in accordance with the procedure of second instance. Article 126 The people's court shall guarantee the right of prosecution enjoyed by the parties according to law. Litigation that conforms to the provisions of Article 122 of this Law must be accepted. Those who meet the conditions for prosecution shall file a case within seven days and notify the parties concerned; If it does not meet the conditions for prosecution, it shall make a ruling within seven days and refuse to accept it; If the plaintiff refuses to accept the ruling, he can appeal.