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Lawyers are most afraid of complaints and do not fulfill their responsibilities. Such a complaint has a great impact on the lawyer's career.
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The most feared thing is to complain about not being responsible, or to complain about violating the law, which will affect your career.
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Lawyers are generally more afraid of criminal complaints because they can cause a lot of trouble for lawyers and they may lose their jobs.
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Lawyers are generally more afraid of "perjury" complaints. The main reason is that there is a crime of perjury in the law, and lawyers who commit perjury will go to jail.
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Legal analysis: When there is an illegal act as provided for in Article 50 of the Lawyers Law, it shall be punished, and those who have not violated the law are not afraid to complain.
Legal basis: According to article 50 of the "Lawyers Law": Where a law firm commits any of the following acts, the judicial administrative department of the people's ** of the districted city or municipality directly under the Central Government shall, depending on the circumstances, give a warning or suspend business for rectification for between one month and six months, and may impose a fine of up to 100,000 yuan; where there are unlawful gains, the unlawful gains shall be confiscated; where the circumstances are especially serious, the provincial, autonomous region, or directly governed municipality people's ** judicial administrative departments are to revoke law firms' practice certificates
1) Accepting entrustment or collecting fees in violation of provisions; (2) Violating legally-prescribed procedures in handling major matters such as changes in name, responsible person, articles of association, partnership agreement, domicile, partners, etc.; (3) Engaging in business activities other than legal services; (4) Contracting business by improper means such as slandering other law firms or lawyers, or paying referral fees; (5) Violating provisions by accepting cases with conflicts of interest; (6) Refusal to perform legal aid obligations; (7) Providing false materials to the judicial administrative departments or engaging in other acts of deception; (8) Negligent management of the firm's lawyers, causing serious consequences. Where law firms are punished for the illegal conduct in the preceding paragraph, the responsible person is to be given a warning or a fine of up to 20,000 RMB, depending on the severity of the circumstances.
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Of course, I am afraid of encountering a complaint from a lawyer, because once a lawyer is complained, it will have a great impact on their work.
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The most feared thing is that the client does not trust the lawyer, it is very difficult for such a case, there is no way to handle it well, and there will be complaints.
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LawyerMost afraid
The client complained that the lawyer did not fulfill his responsibilities
The entrusted lawyer generally goes through the entrustment formalities first, and then the lawyer handles specific legal affairs, and the lawyer will not bear the legal consequences for the outcome of the litigation.
However, in some legal counsel units and in risk** cases, lawyers sometimes work first and then pay a fee. In this case, some clients cross the river and tear down the bridge, and after the legal affairs are over, they want to pay non-payment, underpayment or delay payment for various reasons.
In criminal proceedings, criminal suspects have a special status, their personal freedom is often restricted to varying degrees, and most criminal suspects do not know what kind of procedural rights they enjoy; After their litigation rights were violated, they did not dare to file a complaint; It is also not known whether his actions constitute a crime.
Lawyers' appeals and accusations can fully protect the lawful rights and interests of criminal suspects, and are of great significance to the protection of human rights.
If a lawyer speaks for the other party, it is a violation that the lawyer can only participate in the litigation as a party in a specific case. If you believe that the lawyer has harmed your interests, you can sue the lawyer's law firm for breach of contract and demand that it bear the liability for breach of contract.
If you believe that they are not actively helping your rights, that is, they are incompetent, you can terminate the commission, and the out-of-court mediation should generally be concluded after one party clearly disagrees, and then the trial will continue. It won't be delayed.
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In real life, the lawyer in the lawsuit may be bribed by the other party and will do something against his conscience.
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A lawyer is most afraid of complaints from the lawyer's local lawyers association or judicial organ.
If the lawyer doesn't.
work, the parties or clients can first consult the law firm to request a refund of all or part of the fees and bear the liability for breach of contract. If the negotiation fails, you can file a complaint with the lawyer's local bar association or judicial authority, and ask the lawyer to investigate and deal with it.
A proper way to file a complaint with a lawyer:
You can file a complaint with a practicing law firm, your local bar association, or your local judicial authority. Where a lawyer's violation of practice discipline causes harm to the client or the law firm's location, the law firm may bear some or all of the responsibility for the size of the loss and the circumstances of the case.
where punishment is necessary, the Lawyers Disciplinary Committee is to give punishment on the basis of the relevant provisions of the "Lawyers Disciplinary Rules"; Where the criminal law is violated, the judicial organs shall pursue criminal responsibility in accordance with law.
Article 17 of the Code of Professional Ethics and Practice Discipline for Lawyers
Where a lawyer's violation of practice discipline causes losses to a client, and the law firm to which he or she belongs is liable for compensation, the law firm may order the lawyer to bear part or all of the compensation costs, depending on the size of the losses and the severity of the circumstances. where punishment is necessary, the Lawyers Disciplinary Committee is to give punishment on the basis of the relevant provisions of the "Lawyers Disciplinary Rules"; Where the criminal law is violated, the judicial organs shall pursue criminal responsibility in accordance with law.
Lawyers' Professional Ethics and Practice Discipline Code is a regulation formulated to continuously improve the professional quality and practice level of lawyers and promote the healthy development of lawyers. Promulgated by the Ministry of Justice on 27 December 1993.
Lawyers' Professional Ethics and Practice Discipline Norms consist of four chapters and 21 articles.
The Rules on Disciplinary Action for Lawyers are being promulgated by the Ministry of Justice. These Rules are drafted primarily to ensure the healthy development of lawyers' careers and to preserve the seriousness of lawyers' disciplinary work.
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Administrative cases are a hot potato for many lawyers, thankless, and lawyers will also have a sulky stomach for high-spirited administrative organs and cannot find a place to vent.
Administrative reconsideration or administrative litigation is even more resistant.
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Lawyers are most afraid of their clients not fulfilling their responsibilities and perjury. If you believe that he has not actively helped your rights, that is, he is incompetent, the lawyer is also afraid of complaints from the lawyer's local bar association or judicial authority.
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The most fearful thing is to be complained, which is not responsible, so it is really a headache for them, after all, as a lawyer, you should have to bear a little more.
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The client's complaint is the complaint that the lawyer is most afraid of.
The lawyer's income is the legal fee given by the client, and if the client is not satisfied, it directly affects their income.
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After all, this is related to the ability of lawyers, and if they are not trusted, it may cause a devastating blow to the lawyer's career.
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You can go to the local judicial bureau to file a complaint against the lawyer. Or the lawyers association can complain and report, call 114 to inquire.
1. Lawyers are subject to the supervision and guidance of the judicial administrative departments, and may complain to the judicial administrative departments about the lawyers' illegal conduct;
2. Lawyers associations also have the duty to accept complaints or report cases against lawyers.
Legal basis: Article 4 of the "Lawyers Law" The judicial administrative departments are to supervise and guide lawyers, law firms, and lawyers associations in accordance with this Law.
Article 46 of the Lawyers Law: Lawyers associations shall perform the following duties:
1) Safeguard lawyers' lawful practice and preserve lawyers' lawful rights and interests;
2) Summarizing and exchanging lawyers' work experience;
3) Formulating industry norms and punishment rules;
4) Organize lawyers' professional training, professional ethics, and practice discipline education, and conduct evaluations of lawyers' practice activities;
5) Organize and manage internship activities for applicants for lawyer practice, and conduct evaluations of interns;
6) Carry out rewards and punishments for lawyers and law firms;
7) Accept complaints or reports against lawyers, mediate disputes arising from lawyers' practice activities, and accept lawyers' appeals;
8) Other duties provided for by laws, administrative regulations, rules, and lawyers association charters.
The industry norms and disciplinary rules formulated by the Association must not contradict relevant laws, administrative regulations, and rules.
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Legal analysis: Lawyers are most afraid of their clients complaining about their lawyers' perjury.
Legal basis: Criminal Law of the People's Republic of China Article 305: In criminal proceedings, witnesses, evaluators, recorders, or translators intentionally make false testimony, evaluation, recording, or defeat of circumstances related to the case, with the intention of framing others or concealing criminal evidence, are to be sentenced to up to three years imprisonment or short-term detention;where the circumstances are serious, the sentence is to be between three and seven years imprisonment.
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What a lawyer is most afraid of complaining about is that he is irresponsible for the case and has no favoritism, so that he can revoke his lawyer's license if he complains.
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I think it's a losing case, everyone makes mistakes.
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