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Anonymous users2024-02-07What should I pay attention to when dealing with a lawyer?
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Anonymous users2024-02-06Legal analysis: When looking for a lawyer, you need to pay attention first, don't choose a lawyer who blindly promises and draws a big pie for the client, this type of lawyer may not be careful about the case after paying the litigation fees, and the client will find that the result of the case is different from what he expected; secondly, do not choose not to answer specific questions for the parties, but blindly urge the parties to sign the contract, so that you cannot grasp the true level of the lawyer; There are also those that are centered on interests and do not consider their own parties; Finally, don't just consider the low, a good lawyer can win more property interests for the client and avoid risk suggestions. The parties can consult several more.
Legal basis: Lawyers Law of the People's Republic of China
Article 18: The establishment of a law firm shall submit an application to the people's judicial administrative department of the districted city or directly governed municipality, and the department accepting the application shall review it within 20 days of accepting it, and send the review opinion and all application materials to the people's judicial administrative department of the province, autonomous region, or directly governed municipality. The people's judicial administrative departments of provinces, autonomous regions, and directly governed municipalities shall review and approve the establishment within 10 days of receiving the submitted materials, and make a decision on whether to approve the establishment. where the establishment is approved, a law firm practice certificate is to be issued to the applicant; If the establishment is not approved, the reasons shall be explained in writing to the applicant.
Article 28: Lawyers may engage in the following businesses:
1) Accepting the entrustment of a natural person, legal person, or other organization to serve as legal counsel;
2) Accept the entrustment of the parties to civil or administrative cases, serve as the first person, and participate in litigation;
3) Accept the retention of a criminal suspect or defendant in a criminal case, or accept the appointment of a legal aid institution in accordance with law, to serve as a defender, accept the entrustment of a private prosecutor in a private prosecution case, a victim of a public prosecution case, or their close relatives, to serve as a ** person, and participate in litigation;
4) Accept entrustment, ** appeals in various litigation cases;
5) Accept entrustment and participate in mediation and arbitration activities;
6) Accept entrustment to provide non-litigation legal services;
7) Answering inquiries about the law, litigation documents and other documents related to legal affairs.
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Anonymous users2024-02-05Legal analysis: 1. Try to go to the law firm, and only when you get to the law firm can you understand the authenticity of the law firm and avoid being deceived.
2. Verify the lawyer's practice certificate as much as possible, pay for a lawyer, and make sure that the consumption is clear.
Third, it is necessary to sign a contract with a law firm, and only with the contract can there be a basis and the service can be guaranteed.
IV. Fees shall be paid to law firms, and the phenomenon of lawyers "only charging fees and not doing things" outside of the office should be put an end to.
5. Wuyou believes in the facts, evidence and the law, and absolutely does not believe in the promise of "winning the war" The lawyer's service is reflected in the process of pursuing fairness and justice, and all promises of "winning the war" have the possibility of fraud.
VI. Clarify the channels for complaints, and if it is discovered that a person who accepts a case without a practice certificate should report the fraud case to the public security organs, and if it is found that the fees are not publicized, the ticket is not issued, or the responsibility is not fulfilled, it should be complained to the lawyers association or the judicial bureau, and the right to know the outcome of the investigation.
Legal basis: Article 34 of the Criminal Procedure Law: A criminal suspect has the right to retain a defender from the date of the first interrogation or compulsory measures taken by the investigating organ; During the investigation, the lawyer can only be entrusted as the defender to cancel the investigation.
The defendant has the right to retain a defender at any time.
When the investigating organs interrogate a criminal suspect for the first time or employ compulsory measures against the criminal suspect, they shall inform the criminal suspect that they have the right to retain a defender. Within 3 days of receiving the case materials transferred for review for prosecution, the people's procuratorate shall inform the criminal suspect that he or she has the right to retain a defender. Within 3 days of accepting the case, the people's court shall inform the defendant that they have the right to retain a defender.
Where a criminal suspect or defendant requests to retain a defender while in custody, the people's courts, people's procuratorates, and public security organs shall promptly convey their request.
Where criminal suspects or defendants are in custody, their guardians or close relatives may also retain a defender on their behalf.
After the defender accepts the retention of the criminal suspect or defendant, he shall promptly inform the organ handling the case.
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Anonymous users2024-02-04Legal analysis: 1. The best person should be carefully selected. The client should review the ability of the person to exercise the first affairs, and some of the affairs that require professional qualifications or business qualifications can be exercised.
2. The entrustment matters are clear. The entrustment contract is an entrustment contract, which is a rental contract agreed between the principal and the trustee, and the trustee handles the affairs of the principal.
3. The scope of authorization is clear. In the relationship, the person is a civil legal act in the name of the person being the recipient, and the legal consequences are borne by the person.
4. The deadline is clear. Both the client and the trustee shall stipulate in the contract the specific time limit for performing the entrustment.
5. The remuneration is clear. Entrustment contracts are divided into gratuitous entrustment contracts and paid entrustment contracts.
Legal basis: Article 919 of the Civil Code of the People's Republic of China An entrustment contract is a contract in which the principal and the trustee agree that the trustee will handle the client's affairs.
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Anonymous users2024-02-03Precautions for finding a lawyer: 1. Try to go to a law firm; 2. Verify the lawyer's practice certificate as much as possible; 3. Must sign a contract with a law firm to stipulate rights and obligations; 4. Fees shall be paid to the law firm; 5. Believe in facts, evidence and laws, and don't believe in the promise of "winning the war".
Article 10 of the Measures for the Management of Lawyers' Service Fees: Lawyers' service fees may be based on different service contents, using methods such as piecework fees, fees in proportion to the amount of the subject matter, and hourly fees. Piecework charges are generally applicable to legal matters that do not involve property relations; The pro-rata fee is applicable to legal matters involving property relations; Hourly charges can be applied to all legal matters. Article 11: When handling a civil case involving property relations, where the client is told that the risk is still required after the price is delayed, the law firm may implement the risk fee, except in the following circumstances:
1) Marriage and inheritance cases; (2) Requesting social insurance benefits or minimum subsistence security benefits; (3) Requesting payment of alimony, child support, alimony, pension, relief money, or compensation for work-related injuries; (4) Requests for payment of labor remuneration, etc. Legal basis: Article 8 of the Measures for the Administration of Judicial Appraisal Fees: Fees for judicial appraisal in cases involving property shall be collected cumulatively in accordance with the proportion of the subject matter according to the smaller of the subject matter of the litigation and the subject matter of appraisal.
The specific proportions are as follows: (1) If it does not exceed 100,000 yuan, it shall be implemented in accordance with the fee standards listed in the annex to these measures; (2) The portion exceeding 100,000 yuan to 500,000 yuan shall be charged at 1%; (3) The portion exceeding 500,000 yuan to 1,000,000 yuan shall be collected in accordance with the law; (4) The portion exceeding 1 million yuan to 2 million yuan shall be collected in accordance with the law; (5) The portion exceeding 2 million yuan to 5 million yuan shall be collected in accordance with the law; (6) The portion exceeding 5 million yuan to 10 million yuan shall be collected in accordance with the law; (7) The part exceeding 10 million yuan shall be charged in accordance with the charge. For the larger amount of the subject matter, the provincial ** competent department in conjunction with the judicial administrative department at the same level may formulate the upper limit of the amount of judicial appraisal fees according to the actual local situation.
The "fees for judicial appraisal in cases involving property" as used in the first paragraph of this article are only applicable to the appraisal of documents and traces of physical evidence in judicial appraisals, and are not applicable to other appraisals.
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Anonymous users2024-02-02Fourth, before going through the formalities of retaining a lawyer with a lawyer, it should be seen whether the lawyer holds a practice certificate issued by the Bureau of Justice to avoid being deceived.
5. When you decide which lawyer you want to appoint, and the lawyer is willing to accept the client, you will negotiate the lawyer's fee. According to state regulations, lawyers should charge their clients fees for handling cases, and the state does not clearly stipulate the specific standards, and lawyers generally negotiate with their parties.
6. After the lawyer and the parties reach a consensus through consultation, they should go through the entrustment formalities, clarify the entrustment matters and authority, and sign by both parties, that is, they will be binding on both parties.
The time when a lawyer in a civil case receives a client should first indicate the content and role of the lawyer's services. In the process of listening to the parties' statements, they should fully maintain objectivity and rationality, and remind the parties to pay attention to their emotions. Do not make a promise to win a case (such a promise is contrary to professional ethics and practice discipline). >>>More
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