The lawyer's office to keep clean and tidy, office supplies order put clean; the lawyers and assistants and other staff according to the season in dress, grooming is clean and decent.
1, the reception customer telephone consultation
(1) in the phone should first greeting: hello!In the end of the conversation should indicate: if you still have what other things can call the, or to the interview.Prohibit the use of not civilization terminology in the phone.
(2) a call registration system, for their own problems consultation to answer should be given accurate and detailed answer, for can not answer can be answered by other lawyers to answer or give personal views and suggestions form, answer the consultation process, to make the initial registration of clients.In the related law in the context of the unit, and inform the other party by telephone or by lawyer lawyer personally answer the phone.If the lawyer out, to have the patience to explain to customers, the problem can be simply explained, not too deep, so as not to receive customer conflict law has made work arrangements or explain.The registration of the caller's name, gender, simple reason, telephone etc..
2, the reception customer visit
(1) for a surprise visit to the customer: stand up, take the initiative to say hello, ask what need help, if the customer to find a lawyer in the unit, will lead to a lawyer office customers; if the customer to find a lawyer is not in the unit, be handed over to the Office to help them contact the lawyer, and properly arrange customer waiting or agreed to meet next time.
(2) appointment: customers meet, should arrive five minutes ahead of time; can not arrive before, must be timely contact with customers, explain the reasons and apologize.The customer arrival, stood up to greet him and greet please seat arrangement, tea or other entertainment items.
(3) and visiting clients: the conversation should pay attention to listen more and talk less, on the issues raised by customers, and shall make necessary meeting record, no clear problem for customers, for customers to specify.Answer the questions to be found.For more complex, or I am not proficient in problem, politely inform the customer the need for collective discussion, and will be studied and discussed the problem, the first time contact with the client, the response results.
(4) the customer left, should escort to law firms at the entrance, and a friendly farewell.
3, the lawyer to visit customers
(1) to visit before the appointment, and customers about the specific time to visit, to leave enough time on the road when they visit, try not to be late.
(2) when visiting clients, should I carry business cards, documents or materials.
(3) to the customers office before, should first take a finishing cloth, the mental state is adjusted to best.If is an important customer, can turn off the mobile phone or set the vibration state, a mobile phone to ask the customer agrees to make short of long.
(4) to control the time, the best finish the interview at the agreed time, if the customer has shown other important processing required, shall terminate the conversation, and agreed that the next meeting time.
(5) the talks, on the general legal issues shall answer, for the important matters, complex, should inform the customer need to brainstorm or consult the relevant legal documents, and then inform the results.
(6) client issues, should be timely to the client to call in, can not be turned on, should first send text messages, and then call.
(7) when they visit in light of the specific situation at any time for conversation recording, recording simple reasons, the focus of controversy, charges involving the subject, if why commissioned work from when to begin, etc..
Two, examination of conflicts of interests
1, law firms and lawyers in the process of undertaking legal affairs, should abide by professional discipline, avoid conflicts of interest and causes losses to the principal.
2, when accepting the entrustment, a law firm shall make examination on conflicts of interest.Director, the lawyers, administrative or office for review.Not only the conflict of interests between the clients circumstances can establish principal-agent relationship.
3, dealing with conflicts of interest should be in line with the following principles:
(1) the parties had the same lawyer, lawyer consultation by both parties terminate a principal-agent relationship, the consultation fails, should be after the signing of the contract a party or not to pay legal fees of a party is entitled to terminate the trust relationship;
(2) a party has commissioned a lawyer, found the relative party already with the same law firms signed a legal consultant service contract, should accept authorization of party to terminate the trust relationship.
Three, registration approval form
1, accepts the case before the contract of entrustment, the lawyers must go to the office to receive the forms for approval, and the table of contents were carefully, fill in, by the person in charge of examination and approval.
2, case specific content approval form include: the name, the plaintiff or defendant, prosecution name client name, address, telephone, contact, the undertaking lawyer, case number, charge, case introduction, the lawyers advice, approval opinions.
Four, accept the entrustment
1, the undertaking lawyer must have the signature of the person in charge with the consent forms for approval, to the office for registration at.Case registration includes:
⑴ by a law firm office in case registration book in accordance with the civil, criminal, administrative, non litigation cases were classified according to the order of registration, and case to case number;
The parties signed a written entrustment contract, and the principal personally signed or stamped handprint, Na, seal the law firm.
The parties to the lawyers issued by the "power of attorney", indicating the agency matters and agency authority.
The related legal authority to the law firm from cases or the undertaking departments issued "law firms letter".
The agency fees charged in accordance with the contract, the law firm shall issue to the parties the formal attorney's fee invoice.
2, the Commission, shall express the fees and standards, implementation of the charging system, for reducing, slow, pay agency fees, required by the application of the parties concerned, the signature of the person in charge agreed to the rear handle.
3, the contract according to the needs of the signing of three, of which the principal one, by a lawyer, a house keeping.The contract includes:
The contract number;
The client and the client's name or unit;
The principal reason;
The delegated authority;
The rights and obligations of the client;
The rights and obligations of the parties;
The agency fee amount and payment date, payment;
⑻ valid contract;
"Special clauses etc..
4, entrust formalities, must fill in or print the contract.Special circumstances need to receive the contract, must write the application, specify and contract number in case registration book, approved by the responsible person, and within 10 days of registration procedures for acceptance, or return the blank contract, withdrawal.Signed by the office to supervise contract and execution.
5, to the risk disclosure.
Five, charge
1, firms charging items, standards and methods should be implemented in accordance with the relevant provisions of "management measures" for lawyers' fees and the provincial price departments, judicial administrative organs of the lawyer's fees.
2, law firm lawyers to collect service charges, should abide by the law, the principle of consensus.
3, lawyers entrusted, shall sign with the client in charge of the contract or specify the charging clause in the contract.Consultation fees or difficult cases to more than double the fee, must sign the contract clear charges, fees, charging amount, payment method and time etc..A law firm shall charge service fees in accordance with the lawyer charges and the amount of charge fee contract or a contract fees agreed terms.Risk agency shall set up the agency contract, specify:
The risk agency matters;
The risk of agent matters achievements and case as achievement;
The principal mandate;
The risk of liability and attorney's fees to pay;
Collect the case required judicial, administrative, arbitration, appraisal, notary departments as well as the cost of reasonable communication fees, copy fee, translation fee, transportation fees, accommodation fees burden;
The contract validity and to change the program;
The contract dispute resolution and the entry into force of the contract conditions.
4, law firms to counsel clients to collect service charges, shall promptly report to the principal issue legal bills.Law firm on behalf of the principal to pay examination fees, assessment fees, translation fees, the people's court according to law, the fees charged for case handling fees, shall, upon presentation of valid documents and the principal settlement.
5, law firm lawyers in advance place for travel expenses, client should be to provide cost estimates, by consensus, signed by the two parties confirm.The process of handling a case, due to a change of circumstances to improve cost estimates, law firms should be entrusted with the people further consultations, and the two sides signed confirmation.
6, in the law firm commissioned Banjie matter, shall settle with the client in advance of the lawyers handling different travel expenses.The settlement, shall submit the effective certificates using the list of expenses and costs to the trustor, confirmed by the audit client.
7, law firms to have financial difficulties of the client, can reduce or postpone the counsel fee.
8, firms can not be timely issue legal bills, should fill in three days.Prohibits the charging of fees and lawyer fees, but does not allow the individual lawyers on account.
Six, the lawyer service quality supervision card
1, a lawyer service quality supervision card
For lawyers in the agency procedures and the parties to the client at the same time, we should show the lawyer service quality supervision card, and by the client in issuing record signature.
2, the lawyer service quality supervision card content:
(1) the client's name or name, address and / or place of residence and contact way;
(2) the name, law firm lawyers host name and contact way;
(3) the contractor classification and the number of cases;
(4) the client entrust the case quality comments on the law;
(5) the director of the law firm supervision on card content review comments;
(6) law firm lawyers association complaints telephone and telephone complaints.
3, the lawyer service quality supervision card
For lawyers in the case after the Commission, should recover the lawyer service quality supervision card to the parties concerned, available signature, telephone or fax and illustrate the way back.By the director signed review into the archive.
Seven, work log
1, the contents of the log
A lawyer should be a day to handle legal affairs in connection with the case, according to the different cases, respectively, in the case of work logs, content should include the process of case, for results, the next step of work arrangements and client communication; cases to lawyers collective discussion, shall record the lawyers collective discussion results.
Save 2, working log
Log in the process of handling cases by the undertaking lawyer preservation, procuratorate into archive.
Eight, and the parties to communicate
1, the lawyers in the case of entrustment, must be timely and client communication, notify the entrusting management process, the management of the case, not timely handle affairs, should explain the reason for the delay to the client, client's understanding;
2, and the parties to communicate matters, time, telephone should be recorded in the log.
Nine, plan analysis
1, the undertaking lawyer shall make the plan analysis, careful, objective, honest to inform the client of quasi legal risk the entrusted matters that may occur, should not in order to establish the principal-agent relationship are misleading and false promises to client.
2, the lawyers to review the court hearing the case whether it has jurisdiction, such as lack of jurisdiction shall solicit the opinions of the parties concerned are put forward the objection to jurisdiction, such as the requirements put forward the objection to jurisdiction, should be in the period of the written reply to the objection to the jurisdiction of the book and submitted to the court.
3, the lawyers should be based on the analysis of the case, and to solicit the views of the parties, whether the claim or counterclaim, such as the need to increase the claim or counterclaim, shall notify the party concerned in the burden of proof within the time limit prescribed court to submit supplemental bill or counterclaim.
4, the controversy is fixed and study, difficult cases to the collective research and report to the administrative department of justice.
Ten, relevant laws and regulations collection
1, lawyers should make full use of modern office means, a comprehensive collection of legal provisions and related to the case and case.
2, the lawyer's legal provisions relating to the case, find the most suitable for the case by law, provide legal basis for accurate for the case.
3, in the case of no clear legal provisions, the lawyer should explore the jurisprudential study, make the case to get legal support.
Eleven, the number of evidence
All the evidence can be numbered according to evidence the occurrence time and certification of classification.Compiling evidence directory, all evidence that matters the same can be classified as a group number.The lawyer the sources of the evidential materials, the object and content of proof briefly.
Twelve, draft legal documents
1, based on knowledge of facts and laws and regulations limit case in the drafting of legal documents.
2, and legal documents should be legal, rigorous, standardized.
The collective research to 3, major, difficult, mass cases, leadership check.
4, the legal document should include points:
The topic;
The basic situation of lawyers as the party and the other party's name, gender, date of birth, nationality, address etc.;
Results the claim, dispute or you want to achieve;
The relevant facts, reasons, evidence and legal basis;
In the handling of the case, the opinion or suggestion;
The legal documents submitted or organ;
He signed and issued by the legal instruments of writing time.
Thirteen, the court preparations
1, the material should be comprehensively;
2, and the parties to communicate;
Procedures and documents, check to appear in court 3.
Fourteen, the witness
1, in the process of handling cases such as the need for the witness to testify in court, the lawyers should be within the time limit prescribed in court and assist, hearing the witness must bring all the documents to prove his identity (ID card).
2, the witness is not convenient to appear in court, lawyers should pay attention to get protection and witness testimony of the witness, and submit written reasons can not appear in court.
Fifteen, the exchange of evidence
The court according to the case need to arrange both parties exchange of evidence for the formal hearing before, the lawyers must prepare well for evidence.According to the number of the other party to put forward a copy.For example, the other two people, prepare three sets of evidence submitted to the court to a total of.In addition, if the evidence is the original words, must be brought to the court of the original check.On the evidence materials submitted to the court asking the court to sign.In the exchange of evidence in the process, can be on the other side of the evidence recognized or objection.Also can be aimed at each other evidence for putting forward the new evidence.
Sixteen, keep the original evidence
1, original evidence provided by the parties, the lawyer to verify with a copy of the same, only keep a photocopy, return the original party custody.As a result of the case need to submit original to the court, the court issued to the parties the original receipt, or by the person concerned to submit.
The original evidence 2, lawyers, should be properly kept, unless necessary, may not carry.
3, the original evidence shall not be exposed, leakage, borrow not lost, damaged.The supply, should be documented and returned after the party.
Seventeen, lawyers discipline
1, grooming, dress appropriately (not to wear casual clothes).
2, to appear in court on time on time, retired.
3, no smoking, no phone.
4, the language of civilization, pay attention to legal language.
5, listen to the program guide, respect for the judge, prosecutor, the defender, agent each other, respect for the parties.
6, not allowed to speak to stimulate language, there shall be no damage, abuse of other people's words and deeds.
Eighteen, file
1, case each end of program, in order to receive the court verdict, ruling, mediation as a benchmark to complete the file within 10 days.
2, the file directory, including forms for approval, agreement, power of attorney, work logs, evidence and a copy of the original, notes, scoring records, court records, defence or agency outline, the case for law directory, agent word or plea, the court verdict, judgment, mediation book, book the final report, commissioned by the expert opinion, lawyer service quality supervision card etc..
3, the non litigation cases file includes forms for approval, agreement, power of attorney, work logs, evidence, legal entry, meeting minutes, minutes of negotiations, legal opinions, the final report, lawyer service quality supervision card etc..
4, the lawyer archive file consolidation binding is completed, submitted to the law firm archives management personnel examination, after passing the review Director Director, agreed to sign in the record room.
5, a dossier classification number, special room counters preservation, preservation period according to the provisions of the archives management implementation.
For nineteen, legal documents
1, a lawyer in court, the Arbitration Commission shall appear in court cases, shall timely ask legal documents in time.
2, once informed decision department, should promptly collect.
After 3, for parties to receive legal documents, must indicate the collection date in the legal documents, the timely delivery of the parties, and inform the parties rights and deadline.
4, and legal documents should be timely loading file, may not carry, prevent loss, leakage.
Twenty, visit the
Should ask client to handle cases of opinion 1, procuratorate lawyer.
2, a return visit by the client system, lawyers or law firms assign special personnel to visit.
3, pay a return visit forms include: telephone return visit, visits, interviews return, letters, e-mail, discussion return return return, but should be documented, if possible, should be borne by the signatures of the parties, and stored in the file.