First, the purpose:
Through the construction of lawyers for civil cases procedures for the management of the firm, lawyers operate clear standards, responsibilities, steps to provide customers with a high level of legal services.
Second, the scope of application:
The system is applicable to Beijing Zhongpeng Law Firm and local branches.
Third, to accept the pre-commission stage:
3.1 Reception customers:
3.1.1 Introduce the law firm and the lawyer to the customer;
3.1.2 understand, determine the principal, the other party or the relationship;
3.1.3 to understand the relevant facts, to judge and preliminary analysis of legal relations;
3.1.4 with the customer to determine a reasonable goal and program;
3.1.5 to analyze and determine legal risks for the primary purpose of accepting the entrustment;
3.1.6 Introduction of the law firm uniform charges, preliminary quotes.
3.2 Prior to the commission of the conflict of interest and avoid the review, according to the "conflict of interest review system" requirement:
3.2.1 If there is no conflict of interest or should be avoided, you can accept the commission;
3.2.2 Where there is a conflict of interest or should be avoided, the exemption letter issued by the client can be accepted.
3.2.3 Where there is a conflict of interest or should be avoided, the reason shall be given to the customer to indicate that the commission can not be accepted.
3.3 The lawyer to fill out the "case case" filing application column; by the business unit responsible person in the "case case" on the filing of the application form to sign the views; if the business unit responsible person agreed to accept the commission, then determine the contractor, such as two or more lawyers , To determine the main contractor, to determine the co-owner.
3.4 The "case case" is submitted to the partner for approval, the partners in the "case case" on the filing of the application form to sign the views.
3.5 If the partner agrees to accept the entrustment, the lawyer obtains the case number.
3.6 with the customer to determine whether to establish a relationship:
3.6.1 The lawyer shall be cautious, honest and objective to inform the client of the legal risks that may arise in matters entrusted;
3.6.2 discuss and determine the proxy scope of the commission, agent content, proxy authority, agency fees, agent duration and other principal-agent contracts should be clear content.
3.6.3 If you do not establish a relationship with the customer, fill out the "case case" other description column, the implementation of the filing process.
Fourth, accept the commission, for the commission agent procedures
4.1 Sign and obtain the "principal-agent agreement", "power of attorney" and other commission procedures;
4.2 contractor to fill out the "case case" to establish the relationship between the relationship between the column description: whether to fulfill the obligation to inform, signed documents, agreed to the amount of fees; whether there is collection /
4.3 official seal in the "case of the case" to establish the relationship between the column to indicate whether to affix the seal;
4.4 financial charges and invoices for customers, and in the "case situation table" to establish the relationship between the registration section of the charges and invoices;
(Including but not limited to: reasonable transportation, communication, photocopying, etc.), the fee payable by the solicitor (including but not limited to: litigation, arbitration, notarization, identification) The customer issues a receipt and expresses it to the customer at the end of the agent with a regular bill settlement with the customer.
4.6 The system regularly collects statistics on charges and charges. The statistical report according to the provisions of senior partners, business unit responsible person.
V. Identify the program phase:
5.1 After the commission of the conflict of interest and avoid the review, according to the "conflict of interest review system" requirement:
5.1.1 If there is a conflict of interest or should be avoided after accepting the entrustment, the entrustment contract can be continued if the exemption letter issued by the client is obtained by law.
5.1.2 If there is a conflict of interest or should be avoided after accepting the entrustment, the exemption letter issued by the client can not be obtained according to the law. If the agreement is not agreed upon, the party who has signed the contract or There is no party to pay the lawyer fee to cancel the relationship. Perform the filing process.
5.2 Risk Control:
5.2.1 to the customer to understand the existing evidence to obtain the existing evidence materials in-depth research and analysis;
5.2.2 inquire about relevant laws, laws and regulations, cases and relevant academic opinions;
5.2.3 to determine the direction of investigation and the evidence to be obtained, and to carry out the investigation work;
5.2.4 Based on the above results, carry out risk analysis and determine the precautionary measures.
5.3 Identify the program:
5.3.1 According to the "collective discussion of the case", apply for and carry out collective discussion of the case, for discussion records, fill out the "case case" collective discussion column.
5.3.2 Identify the program;
5.3.3 submitted to the business department responsible person review, by the business department in charge of the "case situation table" quality and risk control bar fill in the business unit responsible person program review opinion;
5.3.4 Discuss the program with the client and exchange views.
Six, the implementation of the program stage:
6.1 Preparations:
6.1.1 preparation of the power of attorney, lawyer letter and other procedural legal documents;
6.1.2 Analysis of procedural issues, the main consideration: jurisdiction, subject, aging issues;
6.1.3 Finishing and analyzing the facts:
A evidence: evidence should follow subordinate rules;
A. A lawyer shall not forge evidence and may not illegally alter the content, form or attribute of the evidence for the purpose or purpose of the proceedings.
B. Lawyers in the process of collecting evidence, should be an objective and realistic attitude towards the evidence, not to their own case of the likes and dislikes of the relevant personnel to choose evidence, not to their own subjective imagination to change the original form and content of evidence.
C. Lawyers shall not threaten to induce others to provide false evidence; shall not use the privacy of others and illegal acts, coercion others to provide evidence of material inconsistent with the actual situation; not use material or all kinds of non-material interests to induce others to provide false evidence.
D. A solicitor shall not submit to the judiciary and the arbitration body false evidence that is known to be provided by another person.
E. The lawyer shall not, in the case of the fact that the facts are understood, suggest that the client or the person concerned has evidence of no factual basis for obtaining a judicial decision and arbitration in favor of the client's claim or denying the other party's claim.
If a solicitor tries to testify as a necessary witness, he shall not be allowed to appear in court as a defender or agent for the case.
B Proof:
C present the facts of the idea;
D on the evidence of the other side of the cross - examination;
E evidence of the relationship between the proof of the problem.
6.1.4 query the relevant laws and regulations, cases, academic opinions and analysis;
6.1.5 refinement and analysis of the focus of the case;
6.1.6 risk analysis and countermeasures;
6.1.7 to communicate with the client to determine the mediation program;
6.1.8 for work records.
6.2 sitting:
6.2.1 for the record;
6.2.2 Auditing Instrument Specifications:
A attend the trial, must be in accordance with the provisions of wearing a lawyer in court clothing, pay attention to the professional image of lawyers
B lawyers appear clothing should be kept clean, smooth, not broken.
C in court, male lawyers do not stay shawl long hair, female lawyers do not apply heavy makeup, face clean, hair neat, do not wear too eye-catching ornaments.
6.2.3 Body speech rules
A trial speech words should be civilized, decent, express their views should use standardized language, as far as possible the use of Mandarin. Do not use black words, swearing and other non-standard language.
B trial should be held when the solemn generous, can be supplemented by the necessary hand, to avoid too strong physical movements.
6.3 After work:
6.3.1 exchange of views with the client;
6.3.2 Supplementary evidence and submit to the court if necessary;
6.3.3 Presentation of proxy to the court.
6.4 Sentence:
6.4.1 Receipt of referee instruments;
6.4.2 Communicate the case results with the client;
6.4.3 Determine if follow-up services are required.
6.5 enforcement and other civil procedures.
Seven, closing stage:
7.1 notify the client to end the work, the legal documents, related information, related items returned to the client;
7.2 For pre-paid or collected costs, it shall be settled according to the agreement of the "principal-agent contract".
7.3 Please fill in the "legal service quality feedback card";
7.4 to fill out the "case case" closed report report, the closing report should include the contents of the closing time, the results, whether the need for follow-up legal services, whether to return the documents; lawyers fees are all paid; advance / collection costs are completed; Recover the "legal service quality feedback card".
7.5 sets of volumes;
7.6 The person in charge of the business department shall go through the examination of the case, and the person in charge of the business department shall fill in the closing opinion of the case in the case of the case case, including whether the commitment is completed or whether the lawyer's fee is collected.
7.7 The case is evaluated on a regular basis in accordance with the "Case Quality Control System".
Eight, archiving:
8.1 The contractor attaches the paper file to the archivist and archives the electronic file;
8.2 archives management personnel for archival records, the collection, charges, archives to check;
8.3 Check the paper file and the electronic file is missing, such as missing, please fill the lawyer;
8.4 file management staff volume;
8.5 filing.
9. According to the "legal service quality feedback system" on the provisions of the complaint, receive and resolve the complaint, the final outcome of the complaint filing.
1, the case received:
The lawyer and the salary lawyer in charge of the above, the partner is responsible for the need to have a transcript of the case, the transcript should have the following: the relationship between the client and the suspect, the suspect's alleged charges, the period of detention, the jurisdiction of the main defense Reason; but also have to inform the principal lawyers in different stages of the right to charge.
2, to establish the relationship between the commission:
Signed a formal agreement with the client, signed by the client power of attorney, and in accordance with the agreement to pay the relevant costs, to the client to deliver the agreement, power of attorney and invoice.
3, contact with the handling organs to understand the relevant circumstances:
Contact the handling organs, to understand the suspects suspected of charges, legal procedures, personally handed over to the handling agency commission procedures, and asked to meet the suspects.
4, marking, copying Related materials:
According to the law of the different stages of the lawyer's rights, investigate the relevant case material and copy, extract the relevant documents, materials.
5, met with the suspect:
In accordance with the law, after the approval of the investigating authorities, meet or according to the law can meet their own suspects. Understand the suspect's defense of the alleged charges, should be prepared in advance to ask the outline, the meeting should be made to meet the record.
6, investigation and evidence:
According to the meeting, the investigation and evidence collection, according to the situation of investigation and evidence again or repeatedly meet the suspects.
7, before the trial preparation:
Determine the defense (or agency) ideas, query the relevant legal provisions and judicial interpretation. Draft a defense (or agent) outline and agree with the suspect. If necessary, to carry out case discussion.
8, sitting:
On time to attend the court hearing, making a court record, for one's own witnesses to testify in court, should produce a list of witnesses and applications submitted to the court.
9, return visit:
Meet the suspect, exchange views and decide whether to provide supplementary defense or appeal.