Is there a fee for legal aid? How about lawyers

The Legal Aid Department charges a fee, subject to a review of the conditions for legal aid. The lawyer is assigned by the legal aid center, and the lawyer who does not charge a fee, what do you think will be the effect of the service?

If you apply for legal aid, there is no fee.

What are the criteria to apply for legal aid?

The Legal Aid Ordinance, which came into force on September 1, 2003, makes it clear that legal aid is a responsibility. According to the provisions of Articles 10 and 11 of Chapter II of the Regulations, citizens who have the following matters and have not retained a person or defender may apply for legal aid or have a defense appointed by the people's court:

1) Requesting state compensation in accordance with law;

2) Requests for social insurance benefits or minimum livelihood security benefits;

3) Requests for the payment of bereavement pensions or relief funds;

4) Requests for alimony, child support, or alimony;

5) Requests for payment of labor remuneration;

6) Asserting civil rights and interests arising from acts of righteousness and courage;

7) The criminal suspect has not retained a lawyer due to financial hardship after being questioned for the first time by the investigating organ or from the date on which compulsory measures are employed;

8) Victims in public prosecution cases, as well as their legally-designated persons or close relatives, have not retained a litigator due to financial hardship since the date on which the case was transferred for review for prosecution;

9) The private prosecutor in a private prosecution case and his legally-designated ** person, since the date on which the case is accepted by the people's court, have not retained a litigant due to financial hardship;

10) In cases where a public prosecutor appears in court for public prosecution, and the defendant has not retained a defender due to financial hardship or other reasons, and the people's court appoints a defense for the defendant, the legal aid institution shall provide legal aid;

11) Where the defendant is blind, deaf, mute, or a minor and has not retained a defender, or where the defendant might be sentenced to death but has not retained a defender, the legal aid institution shall provide legal aid when the people's court appoints a defense for the defendant, and there is no need to conduct a review of the defendant's financial status.

The people** of provinces, autonomous regions, and municipalities directly under the Central Government may make supplementary provisions on legal aid matters other than those provided for in items 1 through 6. The standards for citizens' economic hardship are to be formulated by the people of provinces, autonomous regions, and municipalities directly under the Central Government on the basis of the economic development status of that administrative region and the needs of legal aid undertakings. Where the economic hardship standards for the applicant's domicile are inconsistent with the economic hardship standards for the location of the legal aid institution accepting the application, follow the economic hardship standards for the location of the legal aid institution accepting the application.

Legal aid is a ** grant. Hiring a lawyer will cost you yourself.

Legal Analysis: Legal Aid Attorneys do not charge a fee. Where citizens lawfully request state compensation, social insurance benefits or minimum livelihood security benefits, or the payment of bereavement pensions or relief funds, and do not have a retainer due to financial hardship, they may apply for legal aid to a legal aid institution.

Legal basis: The People's Republic of China Legal Aid Regulations

Article 10: Citizens who do not have a person to retain due to financial difficulties may apply to legal aid institutions for the following matters that need to be met:

1) Requesting state compensation in accordance with law;

2) Requests for social insurance benefits or minimum livelihood security benefits;

3) Requests for the payment of bereavement pensions or relief funds;

4) Requests for alimony, child support, or alimony;

5) Requests for payment of labor remuneration;

6) Asserting civil rights and interests arising from acts of righteousness and courage; The people** of provinces, autonomous regions, and directly governed municipalities may make supplementary provisions on legal aid matters other than those provided for in the preceding paragraph. Citizens may apply to legal aid institutions for legal consultation on matters provided for in paragraphs 1 and 2 of this article.

Article 11: In any of the following circumstances in criminal proceedings, citizens may apply to legal aid institutions for legal aid:

1) The criminal suspect has not retained a lawyer due to financial hardship after being interrogated for the first time by the investigating organ or from the date on which compulsory measures are employed;

2) Victims in a public prosecution case, as well as their legally-designated persons or close relatives, have not retained several litigants due to financial hardship since the date on which the case was transferred for review for prosecution;

3) The private prosecutor in a private prosecution case and his legally-designated ** person have not retained a litigant due to financial hardship since the date the case was accepted by the people's court.

There is no charge. Legal aid refers to a legal guarantee system in which lawyers who organize legal aid by legal aid institutions established by ** provide legal services to people with financial difficulties or special cases free of charge. A legal aid lawyer is a legal position, and the biggest feature is that it is pro bono.

Regardless of whether it is a legal aid lawyer in the broad sense or a legal aid lawyer in the narrow sense, as long as they are engaged in legal aid services, they cannot charge lawyers' fees.

The judicial administrative departments are to order the return of property collected in the handling of legal aid cases; Unlawful gains from engaging in paid legal services are to be confiscated by the judicial administrative departments; Where legal aid funds are embezzled, privately divided, or misappropriated, the judicial administrative departments are to order them to be recovered, and where the circumstances are serious and constitute a crime, criminal responsibility is to be pursued in accordance with law.

1. What are the requirements for applying for a legal aid lawyer.

1) Requirements for applying for legal aid:

1. There are sufficient reasons to prove that legal assistance is really needed to protect their legitimate rights and interests;

2. The aid recipient is unable to pay part or all of the legal service fees due to financial difficulties. Among them, those in rural areas are the recipients of social assistance; The income of their family members in cities and towns does not exceed the minimum subsistence guarantee line stipulated by the city, and there is no other economic income;

3. The application is within the scope of legal aid.

2. How to apply for a legal aid lawyer.

Citizens applying for legal aid shall submit the following documents and supporting materials:

1) ID card or other valid identity certificate, ** applicant shall also submit proof of ** right; (2) Proof of hardship in economic assistance;

3) Case materials related to the matter for which legal aid is being applied for. The application shall be in written form, and the application form shall be filled; Where it is truly difficult to submit an application in writing, the application may be made orally, and the staff of the legal aid institution or the staff of the relevant institution transferring the application on their behalf shall make a written record.

Article 18 of the "Regulations on Legal Aid and Legal Assistance" provides that after legal aid institutions receive an application for legal aid, they shall conduct a review; If it is found that the documents or supporting materials submitted by the applicant are incomplete, the applicant may be required to make necessary supplements or explanations, and if the applicant fails to make supplements or explanations as required, it shall be deemed to have withdrawn the application; Where it is found that the documents or supporting materials submitted by the applicant need to be verified, the legal aid institution is to verify it with the relevant organs or units.

Lawyers cannot collect assistance fees from aid recipients, but they may receive subsidies from legal aid institutions.

Article 2 of the Legal Aid Regulations stipulates that citizens who meet the requirements of these Regulations may receive pro bono legal services such as legal advice, criminal defense, and so on in accordance with these Regulations.

Article 6 stipulates that lawyers shall perform legal aid obligations in accordance with the provisions of the Lawyers Law and these Regulations, provide legal services that meet the standards for aid recipients, protect the lawful rights and interests of aid recipients in accordance with law, and accept the supervision of lawyers associations and judicial administrative departments.

Article 27 stipulates that where a law firm refuses to be appointed by a legal aid institution and does not arrange for its own lawyers to handle legal aid cases, the judicial administrative departments are to give warnings and order corrections; where the circumstances are serious, a penalty of suspension of business for between 1 month and 3 months is to be given.

Article 28 stipulates that where a lawyer has any of the following circumstances, the judicial administrative department is to give a warning or order corrections; where the circumstances are serious, a penalty of suspension of practice for between 1 month and 3 months is given:

1) Refusing to accept or terminating a legal aid case without a legitimate reason;

2) Receiving property in handling legal aid cases.

There is a preceding paragraph. (2) Where there is any illegal conduct, the judicial administrative departments are to order the return of unlawfully obtained property, and may also impose a fine of between 1 and 3 times the value of the property collected.

In addition, Article 3 of the "Legal Aid Regulations" also points out that legal aid is the responsibility of the people, and the people at or above the county level shall take positive measures to promote legal aid work, provide financial support for legal aid, and ensure the coordinated development of legal aid with the economy and society. Legal aid funds shall be earmarked for specific purposes and subject to oversight by the finance and auditing departments.

Article 24 stipulates that when a lawyer assigned to handle a legal aid case or a member of a social organization accepting arrangements to handle a legal aid case concludes the case, they shall submit copies or copies of relevant legal documents and case closure reports and other materials to the legal aid institution. After legal aid institutions receive the case closing materials provided for in the preceding paragraph, they shall pay legal aid case-handling subsidies to the lawyers assigned to handle the legal aid case or to the members of the social organization who accept arrangements to handle the legal aid case. The standards for legal aid case-handling subsidies are to be determined by the provincial, autonomous region, or directly governed municipality people's ** judicial administrative departments, in conjunction with the finance departments at the same level, on the basis of the level of local economic development, with reference to factors such as the average cost of legal aid institutions handling all types of legal aid cases, and may be adjusted as needed.