I. Legal basis for lawyers to consult files
The Lawyers Law of People's Republic of China (PRC) clearly stipulates the rights and obligations of lawyers in their practice. Among them, lawyers have the right to consult, extract and copy materials related to the case according to law, including but not limited to archival materials kept by public security organs, people's procuratorates, people's courts and other relevant organs. This provides a clear legal basis for lawyers to consult files.
Two. Procedural requirements for lawyers to obtain files
Lawyers should follow certain procedural requirements when consulting files. First of all, lawyers need to apply to the relevant authorities to explain the purpose and scope of obtaining the file. Secondly, lawyers need to produce valid practice certificates and entrusted agency procedures to prove their identity and agency qualifications. Finally, lawyers should abide by the management regulations of the relevant authorities in the process of consulting the file, and must not damage, tamper with or disclose the contents of the file.
Third, the professional ethics requirements for lawyers to obtain files.
In addition to legal procedures, lawyers should also follow the requirements of professional ethics when consulting files. Lawyers shall keep state secrets, commercial secrets and personal privacy, and shall not take advantage of the opportunity of obtaining case files to seek illegitimate interests or damage the legitimate rights and interests of the parties. At the same time, lawyers should properly keep the transferred archival materials to ensure the safety and integrity of the archives.
Fourthly, the practical significance of lawyers' access to files.
It is of great significance for lawyers to retrieve files for handling cases. By consulting the relevant files, lawyers can understand the historical background, facts and evidence of the case and provide strong support for the case agent. At the same time, consulting the file also helps lawyers to find new evidence and clues, and promotes in-depth investigation and fair handling of cases.
To sum up:
Lawyers have the right to consult relevant files in the process of representing cases, but they must follow legal procedures and professional ethics requirements. Lawyers can provide strong support for the handling of cases and safeguard the legitimate rights and interests of the parties by legally and properly exercising the right to consult the files.
Legal basis:
People's Republic of China (PRC) Lawyers Law
Article 35 stipulates that if a lawyer acts as an agent ad litem or defender, his right to debate or defend shall be guaranteed according to law. The personal rights of lawyers in their practice activities are inviolable. When lawyers participate in litigation activities, they can collect and consult materials related to the case, meet and correspond with people whose personal freedom is restricted, appear in court, participate in litigation and enjoy other rights stipulated in the procedural law.