What is the behavior of lawyers not charging the law firm?

As the saying goes, discipline is iron, and whoever touches it bleeds. I saw the latest lawyer's disciplinary notice from official website of the Ministry of Justice these days. I have summed up five experiences, which are also the five red lines for lawyers to practice. Sharing with you here is not only a warning to yourself, but also a reminder to peers. If there is anything useful, that would be great!

First, the lawyer's fee is not included in the company account of the law firm.

This is the first iron law and the first taboo. From the moment I entered the law firm as an intern, my director warned me that I could not and was not allowed to charge fees privately. Because the practice of charging privately is extremely risky, it is not worth the loss. According to "People's Republic of China (PRC) Lawyers Law", a lawyer must be affiliated with a law firm, and a lawyer must sign an agency contract with an agent in the name of the law firm to collect a case agency fee. Never charge the client directly from the personal account because the law firm collects the management fee. Such a flawed operation will become a time bomb sooner or later.

Two, lawyers to accept cases, without the approval of the director of the law firm.

This practice risk is obvious for part-time lawyers. In the last paragraph, the lawyer must be affiliated with the law firm, so the lawyer must sign the acceptance and approval form of the director of the law firm, at least with the consent of the director of the law firm. Of course, this kind of consent can be ex post facto in some cases, but it is wrong not to go through the director of the law firm. In addition, after closing the case, the lawyer must sort out the case file and send it to the law firm for filing, and cannot dispose of it at will.

3. The lawyer's license is revoked on suspicion of intentional crimes such as dangerous driving.

This is the last thing to do and the saddest thing. Wine is a good thing, but people who drink it must grasp the degree, or they will bite themselves. I once wrote an article "Never drink again, life is only once, trust is only once, if you lose your health, you will never have it again!"! "",drunk driving is a big taboo. Some time ago, everyone knew that the former CCTV host was detained for drunk driving, and our lawyers and colleagues were also detained for drunk driving. However, according to the Law of People's Republic of China (PRC) on Lawyers, lawyers who have been criminally punished for intentional crimes will have their practice certificates revoked. This colleague personally smashed his job because of this big mistake, and I believe he will regret it.

Four, lawyers in violation of the provisions of the transfer of letters or articles in the detention center.

According to the provisions of the Criminal Procedure Law of People's Republic of China (PRC), only lawyers can have the opportunity to meet the criminal suspect from the adoption of compulsory measures to the sentencing by the court. So the importance of lawyers is self-evident. Lawyers must cherish their identity, and must not do things that put them at a disadvantage because of self-interest or because they can't save face. To put it mildly, someone may warn you, or report to the Justice Bureau and the Bar Association and never let you meet again. To put it bluntly, there are many lessons to be learned from this incident, such as revoking the license and even sending yourself to prison.

Five, lawyers can not induce the parties, can not intervene in the case, can not promise and induce the parties to pay bribes at will.

For this matter, many novices who have just entered the lawyer industry are prone to make mistakes. In the face of all kinds of statements made by the parties, we must not directly assert: "You said this is risky", "You shouldn't say this" or "You should say this ……". Don't let yourself be suspected of perjury or obstructing testimony. Sometimes our goodwill can't be exchanged for the sincerity of the parties. If we really need to be reminded, our old lawyer said so, what about similar cases, what the parties said, and how the court finally accepted them.

You don't know if you don't learn. Colleagues who are full-time lawyers must pay attention. Finally, I wish all my colleagues a wide range of financial resources and smooth practice!

Remarks: Article 7 of the Lawyers Law of People's Republic of China (PRC): An applicant shall not be issued a lawyer's practice certificate under any of the following circumstances:

(1) Having no or limited capacity for civil conduct;

(2) Having been subjected to criminal punishment, except for negligent crimes;

(3) Being expelled from public office or having his lawyer's practice certificate revoked.

Article 10 A lawyer can only practice in one law firm. A lawyer who changes his practice institution shall apply for a new lawyer's practice certificate.

Twenty-fifth lawyers to undertake business, should be unified by the law firm to accept the entrustment, signed a written entrustment contract with the client, in accordance with the provisions of the state to collect fees, and truthfully record.

Twenty-sixth law firms and lawyers shall not engage in business by slandering other law firms and lawyers or paying referral fees.

Article 40 A lawyer shall not commit any of the following acts in his practice:

(1) Accepting entrustment, charging fees, accepting property or other benefits from the client without permission;

(two) to seek the disputed rights and interests of the parties by taking advantage of providing legal services;

(3) accepting property or other benefits from the other party, and maliciously colluding with the other party or a third party to infringe upon the rights and interests of the client;

(4) Meeting with judges, prosecutors, arbitrators and other relevant staff in violation of regulations;

(5) bribing judges, prosecutors, arbitrators and other relevant staff members, introducing bribes or instigating or inducing parties to pay bribes, or otherwise influencing judges, prosecutors, arbitrators and other relevant staff members to handle cases according to law;

(six) intentionally providing false evidence or threatening or inducing others to provide false evidence, so that the other party can not legally obtain evidence;

(seven) inciting or instigating the parties to take illegal means such as disturbing public order and endangering public security to resolve disputes;

(8) Disrupting the order of courts and arbitration tribunals and interfering with the normal conduct of litigation and arbitration activities.

Author of the article

Liu Guoying, the first batch of demobilized military officers on 20/KOOC-0/6, Weibo headline writer, Zhihu and Jane's columnist, third-level psychological counselor and assistant financial planner, the first secretary-general of Langfang Junchuang Home, the founder of Langfang Junchuang Lawyers Volunteer Service Team, and now he is the people's supervisor of the People's Procuratorate of Hebei Province, the social supervisor invited by Langfang Post, a member of the Reading Promotion Committee of the Anci District Library of Langfang City, and an intern lawyer of Hebei Tonglun Law Firm.