Can a lawyer who has already taken on a criminal case borrow someone else s case?

In criminal cases, whether a lawyer who has already accepted the client's entrustment to serve as a defender can accept the retention of others again should be analyzed on the basis of the specific circumstances

1. Where there are other defendants or criminal suspects in the same case, because lawyers cannot defend two or more defendants or criminal suspects in the same case at the same time, they may not accept the retention of other co-defendants or their close relatives to serve as defenders.

2. If the party who is otherwise entrusted is not the same person as the party who originally accepted the entrustment, they may accept the entrustment normally.

Article 47 of the Lawyers Law: Where lawyers exhibit any of the following conduct, the judicial administrative department for the people's ** of the districted city or directly governed municipality is to give a warning and may give a fine of up to 5,000 RMB; where there are unlawful gains, the unlawful gains shall be confiscated; where the circumstances are serious, a punishment of suspension of practice for up to three months is given

1) Practicing in two or more law firms at the same time;

2) Contracting business by improper means;

3) Serving as a person for both parties in the same case, or having a conflict of interest with themselves or their close relatives in legal affairs;

4) Serving as a litigant or defender within two years of leaving the people's court or people's procuratorate;

5) Refusal to perform legal aid obligations.

Measures for the Punishment of Illegal Acts by Lawyers and Law Firms

Article 7: In any of the following circumstances, it is illegal conduct by lawyers as provided for in paragraph 3 of article 47 of the "Lawyers Law" of "serving as a person for both parties in the same case, or ** having a conflict of interest with themselves or their close relatives":

1. Acting as a person or providing relevant legal services for a party with a conflict of interest in the same civil litigation, administrative litigation or non-litigation legal affairs at the same time;

2. Serving as a defender or person for both the defendant and the victim in the same criminal case, or serving as a defender for two or more criminal suspects or defendants at the same time;

3. During the period of serving as legal counsel, providing legal services to parties who have conflicts of interest with the consulting unit;

4. A lawyer who has served as a judge or prosecutor undertakes a case handled by the court or procuratorate in the capacity of a person or defender;

5. A lawyer who has served as an arbitrator or is still serving as an arbitrator undertakes a case handled by the arbitration institution where he or she was or is currently working as a person.

In the same criminal case, 1 suspect or defendant can appoint 1-2 defenders, and 1 lawyer can only ** one defendant.

It is certainly not illegal for a lawyer to borrow money from someone in the state in question. If you borrow money privately, then it should belong to the private part. This should be a personal relationship.

But if the client is afraid, if he doesn't lend the lawyer money, the lawyer won't be able to give his own ** case. You should choose to change your lawyer.

Because under normal circumstances, lawyers will not care about their clients borrowing money. The first is that the lawyers themselves earn very well. They generally don't choose to borrow money from others.

And if he had to choose, he wouldn't choose to borrow money from his client, because they were in a work relationship. If you want to borrow money from your own clients at work, it is really inappropriate. Although this is not illegal, it is still unreasonable, and if the lawyer is working for a law firm, then the law firm may sanction the lawyer.

So this is actually unreasonable, although it does not touch any law, but in fact no lawyer will borrow money from his own client. If that happens. It's better to change to a lawyer, because I always feel that a lawyer who borrows money like this will be unreliable.

When choosing a lawyer, you must look at how much court experience the lawyer has and what is his winning rate? In this way, we can judge the professionalism of this history, and we can judge whether he can win this lawsuit, because we must hope to win a lawsuit. So be sure to find a professional lawyer.

I think it would be more reliable to find some law firms with higher rankings, because the lawyers there are recruited through high standards, so their professional ability will be stronger.

This is illegal because a lawyer is not allowed to borrow money from a client, nor can a relationship borrow money.

Such behavior is illegal, and such behavior of lawyers is not in line with professional ethics, so we should report it to the police.

It's not illegal, it's just borrowing money, just put an IOU, just return it on time, if you don't pay it back, it's a crime.

Legal analysis: No, you can only accept cases in the name of a law firm, and the law firm accepts the entrustment, and the law firm appoints a lawyer to appear in court or defend it.

Legal basis: Moriku:

Lawyers Law of the People's Republic of China》 Article 40: Lawyers must not have the following conduct in their practice activities: (1) privately accepting representations, collecting fees, or accepting clients' property or other benefits; (2) Taking advantage of the facilitation of the provision of legal services to seek the rights and interests of the parties in dispute; (3) Accepting property or other benefits from the other party, maliciously colluding with the other party or a third party, infringing upon the rights and interests of the client; (4) Violating provisions by meeting with judges, procurators, arbitrators, and other relevant staff; (5) Offering bribes to judges, procurators, arbitrators, and other relevant staff, introducing bribes, or instigating or inducing parties to give bribes, or otherwise improperly influencing judges, procurators, arbitrators, and other relevant staff to handle cases in accordance with law; (6) Intentionally providing false evidence or threatening or inducing others to provide false evidence, obstructing the opposing party's lawful receipt of evidence; (7) Inciting or instigating parties to use illegal means such as disrupting public order or endangering public safety to resolve disputes; (8) Disrupting the order of the court or arbitral tribunal, or interfering with the normal conduct of litigation or arbitration activities.

Lawyers may accept the retention of natural persons, legal persons, or other organizations to serve as legal advisers; Accept the entrustment of the parties to civil cases and administrative cases, serve as the first person, and participate in the litigation.

1. Can't a lawyer in a civil case ** a criminal case?

1. Yes. 2. Lawyers may be entrusted by natural persons, legal persons, or other organizations to serve as legal advisers; Accept the entrustment of the parties to civil cases and administrative cases, serve as the first person, and participate in the litigation.

2. The legal provisions of the law that lawyers in civil cases cannot ** criminal cases.

A lawyer can practice the following:

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) Xie Changwei answers questions about the law, litigation documents and other documents related to legal affairs.

If the lawyer in civil cases is more capable, he can also go to the first criminal case, but the lawyer must be professional, so as to improve the probability of winning the lawsuit. Ask a lawyer in a civil case to ** the specific harm and actual requirements of the criminal case, etc., in order to benefit yourself, it is best to conduct ** with a lawyer.

Legal basis: Criminal Procedure Law of the People's Republic of China

Article 34: Criminal suspects have the right to retain a defender from the date on which they are first interrogated by the investigating organs or on which compulsory measures are employed; During the investigation, only a lawyer can be appointed as a defender. 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 in which state, they shall promptly inform the organ handling the case.

Article 46: Victims of public prosecution cases, their legally-designated ** persons or close relatives, and parties to attached civil litigation and their legally-designated ** persons, have the right to retain a litigant ** from the date on which the case is transferred for review for prosecution. The private prosecutor and his or her statutory ** person in a private prosecution case, and the parties to an attached civil lawsuit and their statutory ** person, have the right to entrust a litigant at any time.

Lawyer's analysis: 1. Social security is paid at the beginning of the month, first paid by the company, and then deducted from the employee's salary.

2. If the social security expenses of the current month are deducted in the next month, it may be that the employee's salary this month is paid in the next month, and the employee will only know the deduction of social security expenses when it is paid.

Legal basis]:

Social Insurance Law of the People's Republic of China

Article 12 The employer shall pay the basic endowment insurance premiums in accordance with the proportion of the total wages of the employees of the employer stipulated by the state, and shall be credited to the basic endowment insurance pool. Employees shall pay basic pension insurance premiums in accordance with the proportion of their wages stipulated by the state, which shall be credited to their personal accounts. Individually-owned businesses without employees, part-time employees who have not participated in the basic pension insurance in the employer, and other flexibly employed persons who participate in the basic pension insurance shall pay the basic pension insurance premiums in accordance with the provisions of the state, which shall be credited to the basic pension insurance co-ordination and personal accounts respectively.

Article 60 Employers shall apply for hardship reports on their own and pay social insurance premiums in full and on time, and shall not defer or reduce or reduce social insurance premiums except for force majeure or other statutory reasons. The social insurance premiums to be paid by the employee shall be withheld and paid by the employer, and the employer shall inform the employee of the details of the social insurance premiums paid on a monthly basis. Individually-owned businesses without employees, part-time employees who have not participated in social insurance at the employer, and other flexibly employed persons may pay social insurance premiums directly to the social insurance premium collection agency.

Code of Criminal Procedure

Article 39.

Defense lawyers may meet and communicate with criminal suspect Lu Zhen and defendants detained in Xuxizhen. With the permission of the people's courts and people's procuratorates, other defenders may also meet and correspond with detained criminal suspects or persons who have been sent to confess.

Code of Criminal Procedure

Article 43.

With the consent of witnesses or other relevant units and individuals, defense lawyers may collect materials related to the case from them, and may also apply to the people's procuratorate or people's court to collect or collect evidence, or apply to the people's court to notify witnesses to appear in court to testify.