How to identify fake lawyers


Authors: Zou Rongbiao lawyer  Time: 2011-10-28

                          Http://www.lawtime.cn/article/lll101932042101937136oo60110


Shortage of resources determines the social life the inevitable disputes. The dispute occurs, through legal channels is often the most effective and most has the fairness of. But because the specialized legal work, the parties to resolve a dispute generally need to hire professional lawyers to the legal affairs for their corresponding. Because the legal service work is paid, driven by economic interests, many illegal"Pseudo lawyer"But in the lawyer team, has brought great harm to China's judicial construction. Because of these"Pseudo lawyer"The lack of necessary legal knowledge, they can not only better safeguard the interests of clients, but also often because of their bad legal service will bring very adverse consequences to the principal. So, how to identify these "pseudo lawyer"?
    
In accordance with the "Lawyers Law of the PRC" article2The provisions of article, the lawyer refers to"Obtained a lawyer's practice certificate according to law, and provide legal services to the public". The article eighth also stipulates that "support the constitution of the Republic of China and meet the following conditions, may apply for a lawyer's practice certificate: (a) possessing the qualification as a lawyer; (two) internship at a law firm for a full year; (three) good conduct." That is to say, to be a lawyer, first of all to obtain qualification certificates - lawyer qualification certificate is to prove the basic qualification for lawyers work. After the lawyer qualification certificate, also have to practice in a law firm for years to the apply for a lawyer's practice certificate, obtained a lawyer's practice certificate to the lawyers engaged in legal service work. "Lawyers Law" article14The provisions:"Has not obtained a lawyer's practice certificate, shall not practise law under the title, not for the sake of economic interests or defend a client in litigation."Therefore, some people have not obtained a lawyer's practice certificate, even the lawyer qualification does not have, only have a superficial knowledge of the law by, the lawyer for legal service work, they are be worthy of the name"Pseudo lawyer".
    
In fact, to identify the "pseudo lawyer" is very easy. True law is employed by the service to a lawyer, so when someone to lawyers to you in the name of soliciting business, you do not hurry to sign an agency contract with him. You should ask him service in which a law firm, and then to his law firm have a look the whether a lawyer's practicing certificate issued by the competent administrative department of justice office. Signed in the lawyer's office to the general agent contract, and must be stamped with the seal of the law firm. If he refused to tell his law firm's name, and are unwilling to take you to his office to sign a contract, this is certainly a problem. Even in the office to sign the contract, you should pay special attention to the contract signed by the official seal of the name. If the seal is the name* *Legal services, * *The legal service center, or* *Legal Service Corporation and so on, then that person is certainly not true lawyer, you'd better it's politic to leave. In addition, the lawyer regulations, regulations also stipulate:Individual citizens are not allowed to provide legal service to the society;After the court's permission to participate in litigation non attorney defenders and agents, not for profit purposes, not take to the defendant and the parties receive remuneration, etc..