Opinions on implementing the Measures for the Administration of Lawyers' Practice of Jiangsu Lawyers Association
Counties (cities, districts), directly affiliated lawyers' working committees and directly affiliated law firms:
Now, the Measures for the Administration of Jiangsu Lawyers Association's Application for Lawyer Practice (No.KLOC-0/14) (hereinafter referred to as the Measures) are forwarded to you, and the following implementation opinions are put forward:
First, seriously study the spirit of the "Measures" and strengthen the management of practicing lawyers.
The Provincial Lawyers Association has formulated these measures in accordance with the relevant provisions of the Lawyers Law of People's Republic of China (PRC), the Management Rules for Lawyers' Practice in all china lawyers association and the Articles of Association of Jiangsu Lawyers Association, combined with the actual situation in Jiangsu. The Measures stipulate the management responsibilities of lawyers' associations and law firms at all levels, and make clear provisions on guiding internship qualifications, internship registration, internship certificate management, centralized training, internship assessment, internship supervision, etc., which has strong guiding significance for standardizing the internship management of lawyer applicants. Therefore, all law committees and law firms should seriously study the spirit of the Measures, organize the application for the management of lawyers' internship in accordance with the requirements of the Measures, and improve the management level of lawyers' internship in our city.
Two, the organization to declare the centralized training of teachers, interns to receive internship law firms and internship guidance lawyers qualifications.
(a) in accordance with the provisions of Article 11 of the Measures, organize qualified lawyers to apply for the qualification of centralized training teachers. The applicant shall fill in the Application Form for the Qualification of Teachers' Centralized Training Students in triplicate, which shall be published after being audited by the Standing Council of the Municipal Lawyers Association and reported to the Provincial Lawyers Association for the record. The first declaration time is before 2065 438+02 03 10.
(two) institutions should be compared in accordance with the provisions of article twelfth of the measures. Those who meet the requirements can declare their qualifications for accepting interns as internship law firms. The application office shall fill in the Application Form for Accepting Interns as Internship Law Firms in triplicate, which shall be published after being audited by the Standing Council of the Municipal Lawyers Association and submitted to the Provincial Lawyers Association for the record. The first declaration time is before 2065 438+02 03 10.
(III) All qualified lawyers shall apply for internship guidance lawyer qualification in accordance with Article 13 of the Measures, and the applicant shall fill out the Application Form for Internship Guidance Lawyer Qualification in triplicate, which shall be published after being audited by the Standing Council of the Municipal Lawyers Association and reported to the Provincial Lawyers Association for the record. The first declaration time is before 2065 438+02 03 10.
Three, strictly implement the lawyer registration system.
(1) Since the annual inspection of 20 12, the management of internship registration has been strengthened in strict accordance with the provisions of the Practice Registration Measures. The internship applicant applies for internship registration to the Municipal Lawyers Association through the law firm that intends to accept his internship, and provides internship registration materials in accordance with the requirements of Articles 19 to 21 of the Measures and the format of the annex to this Implementation Opinion.
(two) the Municipal Lawyers Association shall, within 20 working days from the date of receiving the application, review the application for internship registration, and grant or disapprove the registration according to the provisions of Article 22 of the Measures.
Four, strengthen the management of applying for a lawyer's internship certificate.
The Municipal Lawyers Association shall establish a unified registration system for lawyers' internship certificates (hereinafter referred to as internship certificates). Interns shall properly keep their internship certificates and shall not lend, lease, mortgage, transfer, alter or intentionally damage them. If there is any damage or loss, it shall be handled in accordance with the provisions of Article 24 of the Measures.
Five, seriously organize the centralized training of interns who apply for practicing lawyers.
(1) Centralized training is divided into theoretical education, case teaching and auditing.
(2) Theoretical education 160 class hours. You can participate in the centralized training courses organized by the Provincial Lawyers Association, or you can participate in the centralized training courses organized by the Municipal Lawyers Association entrusted by the Provincial Lawyers Association. The training mode of theoretical education combines online training, video training and on-site teaching training for teachers.
(three) case teaching and hearing by the Municipal Lawyers Association.
(four) after the centralized training organized by the provincial lawyers association, the interns will be given a unified examination and assessment. Theoretical education and training should be based on examination results, and those who pass the examination are qualified. According to the provisions of Article 30 of the Measures, the provincial lawyers association will issue a certificate of completion of centralized training for interns; The centralized training, case teaching and auditing organized by the Municipal Lawyers Association are mainly based on attendance assessment, discussion and speech, and written experience.
Six, establish a standardized practice training system for interns.
(1) When accepting interns' internship, each hospital should formulate an internship training plan and report it to the Municipal Lawyers Association for approval, and then implement it in strict accordance with the plan.
(2) Every intern should establish an internship account during the internship. The internship account can be in the form of a journal. Record the internship items, contents, processes and experiences of interns every day. The practice instructor audits the accounts every month and signs for guidance; The law firm shall audit the accounting quarter and issue audit opinions on the internship effect of interns and internship guidance lawyers. The content recorded in the internship account is one of the basic materials for internship assessment. Upon the expiration of the internship, the law firm receiving the internship shall issue an internship appraisal in accordance with the provisions of Article 37 of the Measures, and submit the internship training assessment materials of interns to the Municipal Lawyers Association.
Seven, conscientiously implement the assessment of the expiration of the lawyer's internship.
(a) after the expiration of the internship, the "Intern Assessment Committee" composed of the Municipal Lawyers Association will be assessed.
(2) Upon the expiration of internship, interns should submit internship summary and internship account, evaluation opinions issued by internship guidance lawyers, internship appraisal certificates issued by law firms, graduation certificates of interns' centralized training issued by the Provincial Lawyers Association, certification materials for interns to complete training projects, and internship certificates for applying for lawyer practice. And apply for internship assessment to the Municipal Lawyers Association through a law firm.
The evaluation opinions and the "Internship Appraisal" shall truthfully evaluate the political quality, moral conduct, professional quality, compliance with lawyers' professional ethics and practice discipline of interns.
The certification materials for interns to complete the training project refer to no less than 65,438+00 working documents, operation records, training experiences and comments of guiding lawyers formed by interns participating in major training projects.
(3) The Municipal Lawyers Association shall, within 60 days from the date of receiving the application materials for internship assessment submitted by the law firm, organize the assessment of interns. Due to the excessive number of applicants for assessment or other special circumstances during the same period, the Municipal Lawyers Association may extend the assessment time appropriately, and the extension time shall not exceed thirty days.
If an intern is investigated for suspected illegal crimes or complained that there may be violations of discipline, the internship assessment shall be suspended, and then whether to continue the assessment shall be decided after the case investigation.
(IV) When assessing interns, the Municipal Lawyers Association adheres to the principles of legality, objectivity and fairness, implements the method of combining material review with quality assessment, and comprehensively assesses interns' political quality, moral conduct, professional quality, completion of internship projects, and compliance with lawyers' professional ethics and practice discipline, and truthfully issues assessment opinions.
(five) the assessment of interns shall be conducted in accordance with the procedures and methods stipulated in Article 45 of the Measures.
(six) after examination, the interns meet the conditions stipulated in Article 46 of the Measures, and the Municipal Lawyers Association shall issue an assessment opinion. For those who pass the examination, the Municipal Lawyers Association shall fill in the examination opinions in the Intern Registration Form, and notify the assessed interns and the law firm that received their internships in writing within 15 days.
(seven) those who fail to pass the examination shall be dealt with in accordance with the provisions of Article 47 of the Measures.
(eight) the assessment opinions issued by the Municipal Lawyers Association are valid certificates for interns to meet the requirements of applying for lawyer practice.
Those who have passed the examination of the Municipal Lawyers Association shall apply to the judicial administrative organ for practicing law within one year from the date of receiving the notice of passing the examination. Those who apply for practicing law for more than one year shall be re-examined by the Examination Committee of the Municipal Lawyers Association. Anyone who applies for practicing as a lawyer for more than five years shall reapply for internship in accordance with the provisions of these Measures.
Eight, conscientiously implement the internship supervision of interns who apply for lawyer practice.
(1) If an intern applies for internship registration by cheating, bribery or other improper means, the internship registration shall be revoked by the Municipal Lawyers Association, and he shall not apply for internship again within two years; If the circumstances are serious, you may not apply for internship again within five years.
(two) the internship registration is granted to applicants who do not meet the requirements or the internship registration is granted in violation of the prescribed procedures, and the internship certificate is confiscated, and the internship that has been carried out is invalid.
(3) If an intern passes the examination of the Municipal Lawyers Association by false or untrue Internship Appraisal Certificate, evaluation opinions or other relevant certification materials, or by fraud, bribery or other improper means, the Municipal Lawyers Association will revoke the qualified examination opinions issued by the intern, and the internship that the intern has already conducted will be invalid, and the punishment of not applying for internship again within two years will be given; If the circumstances are serious, you may not apply for internship again within five years. The decision shall be submitted to the Provincial Lawyers Association for the record within fifteen days, and copied to the judicial administrative organ at the same level.
(IV) Law firms and practice guidance lawyers under any of the circumstances listed in Article 51 of the Measures shall be reprimanded, informed criticism or publicly condemned by the Municipal Lawyers Association; If the circumstances are serious, the internship guidance lawyer will stop his internship guidance work, and the law firm will give an industry penalty of prohibiting interns from internship for two years.
(5) If the Municipal Lawyers Association and its staff violate the provisions of these measures in the organization, management and assessment of internship, and abuse their powers or neglect their duties, the responsibility of the person in charge and the person directly responsible will be investigated.
(VI) The Municipal Lawyers Association shall establish internship files, report the relevant materials such as internship registration, internship assessment, and violation handling to the superior, and summarize and report the internship management of the previous year before the end of each year/kloc-0.
(7) The Municipal Lawyers Association shall establish a management system for internship law firms and internship guidance lawyers who receive interns, establish a scientific evaluation and training mechanism, and continuously improve the internship management level of law firms and internship guidance lawyers.
Attachment: 1, internship application form
2. "internship guarantee"
3. "Intern Commitment"
4. Internship Agreement
5. Intern registration form
6. Application Form for Accepting the Qualification of Internship Law Firm.
7, "internship guidance lawyer qualification declaration form"
8. Application Form for the Qualification of Teachers for Centralized Training of Students
9. Application Form for Lawyer Practitioner to Change Practice Law Firm
10, Application Form for Lawyers to Change Practice Guidance Lawyers
1 1. Application form for replacement (replacement) of lawyer's practice certificate.
12, Work Log of Practitioners Applying for Lawyer Practice
13, practice appraisal
14, interns apply for assessment after their internship expires.
15, appraisal form of intern internship expiration
16, Measures for the Administration of Practice Application by Lawyers of Jiangsu Lawyers Association.