Chapter I General Provisions

The first objective

In order to guarantee lawyers to perform their duties according to law, standardize lawyer civil service, especially the preparation work before litigation practice, safeguard the legitimate rights and interests, improve the successful rate, according to the "PRC Civil Procedure Law", "Lawyers Law of the people's Republic", "the Supreme People's court rules of evidence" and other laws, regulations, judicial interpretations, the procedures are formulated.

Article second scope of application

This procedure applies to lawyers involved in the civil trial, appeal, retrial procedure relates to pre-trial preparation work in the territory of the people's Republic of china. Arbitration and enforcement procedures according to the procedures.

Article third duties

(a) director

The director is the legal representative of a firm, to assume leadership responsibility for the firm and the law of civil litigation activities; proxy scheme on major, difficult cases with approval; the main, CO counsel's personnel selection and allocation of cases, the undertaking lawyer disputes adjudication final decision-making power.

(two) Office

Office as the administrative department responsible for the administrative responsibility of the firm, the firm and the law of civil litigation activities; review of cases, from all kinds of documents issued by the registration responsibility.

(three) the undertaking lawyer

Firms accept the Commission, by the firm of lawyers assigned to the parties involved in civil activities, take full responsibility for the case of litigation activities. The lawyer to bear the main responsibility for the case, with lawyers to assist host complete litigation lawyer.

(four) the lawyer assistant

Lawyer assistant as assistant attorney, to assist the lawyers to complete the undertaking various auxiliary work process in the case, is responsible to the undertaking lawyer.

 

The second chapter points (procedures)

Article fourth Acceptance Review

(a) the litigation subject qualification review

A host of lawyers who are parties, shall review the relevant proof material when the subject qualification, the discovery of the parties do not have the qualifications to the corresponding lawsuit subject, shall be entrusted to explain the situation to change.

(two) the conflicts of interest and conflicts of interest to solve the query

For the quasi litigant intends to entrust the civil cases of the agent, the undertaking lawyer's commitment to conflicts of interest and treated as follows according to the query, the query results;

1, acceptance criteria and the parties or the lawyers constitute a direct conflict of interest, the undertaking lawyer shall truthfully inform the quasi litigant; quasi if insist on commission, the undertaking lawyer shall require the written exemption letter clear, and the report to director approval to decide whether to accept the entrustment;

2, acceptance criteria and the parties or the lawyers constitute indirect conflict of interest, the undertaking lawyer shall be truthfully inform the parties; quasi if insist on commission, the undertaking lawyer shall require the written exemption letter clear, and the report to director approval to decide whether to accept the entrustment.

(three) the aging review

The parties to the plaintiff or the appellant in civil litigation, lawyers in the Commission shall examine whether the litigant request over whether limitation of action or appeal over the appeal period; if the litigant request exceeded the limitation of action or appeal beyond the time limit, the lawyers should be clearly informed and refuse to accept the commission.

(four) jurisdiction review

The lawyers to deal with the client of civil cases belong to the jurisdiction of a people's court for review; to have entered the court proceedings of civil cases, the undertaking lawyer shall promptly inform the parties to change or the objection to jurisdiction.

Article fifth litigation risk disclosure

The lawyers according to the statement and analysis provide information to the parties, think the client's civil trial results, may not be able to achieve the desired goal of the party, the undertaking lawyer shall inform the parties of the situation clearly, and production notes will inform the content, and signed by the parties.

The sixth agent matters and authority

The undertaking lawyer and client signed the "contract" to hire a lawyer and client signed a power of attorney, should be clear and specific commitments and authority, delegate permissions should indicate the general authorization or special authorization. Change, give up, admit the claim and counterclaim, reconciliation, and appeals to entrust, signed the legal documents, shall have the special authorization of the.

Seventh were main co counsel's division of work

The lawyers for the two or two above, the office specified or the undertaking lawyer negotiation, can be divided into host and co counsel lawyer.

The lawyer and co counsel can case division, allocation of responsibility to sign a written agreement, the agreement by the undertaking lawyer after signing the attached.

Article eighth evidence of receipt and storage

The lawyers accept party entrusts, copy, copy shall request the parties to provide legal information, at the same time, the original check, and the original will be promptly returned to the parties for safekeeping; lawyers shall make a list for the received data by the parties, the action, do lawyers signature attached.

If the lawyers must accept the original of the evidence, should be unified by the office for filing.

Ninth investigation evidence

(a) to witness the investigation and collection of evidence

The lawyers by the relevant units or individuals agree to the investigation, collection of evidence; the lawyer to witness the investigation and collection of evidence, the two lawyers (including lawyer's assistant) joint survey is appropriate.

The lawyers to witness investigation, evidence collection should first inform the lawyer, a lawyer practicing license; inform the witnesses shall truthfully report the relevant to this case, and to explain the legal responsibility of perjury.

The lawyers to witness the investigation, collection of evidence shall make records of investigation. Records shall indicate the person, the person under investigation, the investigation is the basic investigation and the relationship between the parties, the survey time, place, content of investigation, survey investigation record producer; also shall record the lawyers, lawyers asked the respondents seek truth from facts and testifying in court and other content, and to investigate the occurrence time,,,, after the character location.

The lawyers make record of investigation should be comprehensive, accurately record the conversation, and by the person under investigation or reading to read. As a supplement, by the person under investigation in the amendment, signature, seal or fingerprint recognition. After confirm without any error, by the investigation, the person under investigation, recording signatures, seal or fingerprint recognition. By investigating human units, shall be borne by the unit responsible person signature or seal, and affix its official seal.

The undertaking lawyer shall require the person under investigation signed or confirm the following text in the lawyer investigation records: "the above record is read, consistent with my statement."

(two) to the state organs of investigation and collection

The lawyers from the state organs copy, copy the materials pertaining to the case, should respect the facts and faithful to the original, and confirmed by the state organs.

(three) by other law firms to investigate and collect evidence

The case if necessary and approved by consent and director, investigation and collection of evidence law firm lawyers may entrust the survey is the location of the.

Entrust other law firms to investigate and collect evidence, the undertaking lawyer shall make a written power of attorney law firm, and a brief description of the basic situation of the case, the investigation contents, purpose, object and request.

A preliminary examination of the evidence and finishing tenth

The lawyers were carefully review and consolidation on the first investigation, the evidence in the drafting of pleadings and other legal instruments should be examined before, mainly from the following aspects:

(a) the sources of evidence;

(two) the formation and production of evidence;

(three) evidence of the formation of time, place and the surrounding environment;

(four) the types of evidence;

(five) the contents and forms of evidence;

(six) the relevance of the evidence to prove the facts of the case;

(seven) the relationship of evidence;

(eight) the basic evidence provider;

(nine) the relationship between evidence provider in the case or a party to the case;

(ten) the validity and objectivity of evidence;

(eleven) the strength of the evidence.

Article eleventh collection and case related laws, regulations and judicial interpretations

The lawyers should collect and comprehensive use of legal, regulations and judicial interpretation related to the case, to prevent the conflict of all laws, regulations, refer to the relevant legal provisions of failure or legal force low and lose, to ensure that in the course of the proceedings applicable laws, regulations, judicial interpretation is correct.

Twelfth drafting pleadings

To prepare the complaint from the following aspects:

(a) to determine the identity of the subject and to provide relevant evidence to prove that the litigation subject qualification;

(two) determine the litigation claims;

(three) provide evidence of civil legal relationship according to the occurrence, change and termination of such facts and evidence;

(four) determine the plaintiff on the basis of the civil legal relationship has to perform the relevant legal obligations and evidence;

(five) determine the defendant shows not according to the civil legal relationship to perform the relevant legal obligations and evidence;

(six) determine the creditor, the debt data and the corresponding evidence;

(seven) the legal basis to support the claims;

(eight) the other shall provide the facts and reasons.

Thirteenth drafting pleadings

The drafting of pleadings the following aspects should be prepared:

(a) determine the identity is in accordance with the qualification of subject of action and provide relevant evidence, determine whether the respondent as the main body of the defendant, and provide relevant evidence;

(two) the plaintiff litigation request items were analyzed, and put forward some advice;

(three) provide evidence of civil legal relationship according to the occurrence, change and termination of such facts and evidence whether the plaintiff is consistent with reason;

(four) justification provides defense has been the basis for performing the civil legal relationship and legal obligations related to evidence or not completely fulfill legal obligations;

(five) consistent with the determination of the claims, debt data and the corresponding evidence with the demands of reason;

(six) support the respondent claims the legal basis;

(seven) the other shall provide the facts and reasons.

Article fourteenth the drafting of counterclaim

The lawyers to determine whether the agency party filed a counterclaim, counterclaim shall confirm the compliance with the statutory conditions:

(a) the counterclaim is only the defendant the plaintiff's litigation;

(two) the counterclaim must be filed to accept the appeal of the court;

(three) the claim and the litigation request must be able to apply the same kind of procedure;

(four) the counterclaim must be put forward in a trial before the court within a specified period of time;

(five) the claim must with the litigation request has in fact or legal link.

The content of counterclaim for reference to the operation the Eleventh executive.

Fifteenth collate evidence materials and program list of evidence

The lawyers in submitting petition to the court, should clean up the evidence material, and the preparation of a list of evidence.

The lawyers for the collection of evidence shall be numbered in evidence, directory should provide evidence of each evidence summary the purpose, that the court should be submitted evidence to support the claim of the parties or deny the litigant request of the other party as the ultimate goal.

Article sixteenth the parties confirm the litigation documents and

Before submitting petition and other legal documents to a court in the lawyers, the lawyers should be and in consultation with the parties to confirm the litigation documents, mainly from the following aspects to review, confirm:

(a) to confirm the qualification of subject of action of parties;

(two) confirm or deny the claim;

(three) the facts and legal basis to confirm or deny the claim:

1, to be submitted evidence to confirm;

2, fixed the parties have no disputed facts, the focus of controversy is clear, simplified;

3, to confirm whether the litigation documents make can be modified;

4, confirm the legal, regulations, judicial interpretations of the reference is appropriate.

(four) promote the reconciliation of the litigants, actively carry out mediation prepared.

Discussion the lawyers and the parties must be recorded in writing and signed by the parties.

Article seventeenth of property preservation

(a) the lawyers can according to the request of the parties to the court to apply for the preservation of property.

(two) the lawyers apply for the preservation of property, the applicant should be provided by the applicant property clues.

(three) the lawyers should inform the applicant to provide a guarantee, and inform the legal results for improper.

(four) such as pre litigation preservation, the lawyer shall bring an action within 15 days and inform the parties to adopt property preservation measures in court.

(five) the property preservation is the undertaking lawyer shall review the following matters:

1, the applicant's application for property preservation is wrong;

2, whether the property preservation shall be limited to the scope of the claim;

3, whether the applicant to provide a guarantee, the guarantor whether has the ability to guarantee;

4, the property preservation order should the applicant is made, or the people's court's authority to make;

5, whether to apply for reconsideration;

6, the applicant to provide adequate and effective guarantees, the court still don't lift such measures, the lawyer can be based on the request of the parties raised objections to the court or superior court.

(six) is the preservation of property the parties may terminate the preservation of property to apply to the court, and to provide corresponding guarantees, explain the reason.

Article eighteenth evidence preservation

(a) the evidence may be lost or difficult to obtain later cases, lawyers shall have the consent of the parties, agents for evidence preservation to the notary office or the people's court.

(two) lawyers to apply for preservation of the evidence, shall submit a written application and explain the reasons.

(three) to the people's court for evidence preservation, not later than seven days before the expiration of the time limit for adducing evidence.

(four) the parties apply for evidence preservation, the lawyer shall inform the parties concerned that the people's court may require the provision of a corresponding guarantee.

(five) the people's court for the evidence preservation, may require the parties concerned or the undertaking lawyer, lawyers shall cooperate with the.

Article nineteenth apply to the court for evidence

(a) one of the following conditions are met, the undertaking lawyer shall timely apply to the people's court for investigating and collecting evidence:

1, the application for investigation and collection of evidence belongs to the preservation of the relevant departments of the state and the people's court shall be obtained by authority archives;

2, involving state secrets, commercial secrets, personal privacy materials;

3, the parties and their lawyers because of objective reasons other materials that cannot be collected.

(two) the parties and their lawyers to apply to the people's court to investigate and collect evidence, it shall submit a written application. The application shall specify the person under investigation of the name or the name, domicile and other basic information, the investigation and collection of evidence, the people's court to cause the contents of investigation and collection of evidence and facts to be proved. The people's court to demand the lawyer to assist to investigate and collect evidence, a lawyer shall participate in the.

(three) the people's court shall not permit the parties and their lawyers to apply, to the party concerned or the undertaking lawyer service of notice. The parties and their lawyers can after receiving the notice within three days from the date of accepting the application in writing to the people's court for reconsideration once. The people's court shall make a reply after receiving the application for reconsideration within five days from the date of.

Article twentieth apply to the court for identification

(a) need material evidence or the scene, a lawyer should be entrusted to the court by the parties concerned for the examination, but not later than the evidence before the expiry of seven days.

(two) the parties to apply for accreditation by the people's court agreed upon through consultation by both parties, identification authentication institutions, has the qualification of personnel, the negotiation fails, designated by the people's court.

(three) the parties make the appraisal department authorized by the people's Court of identification of the conclusions have objections to apply for re identification, evidence is presented to demonstrate the existence of the following circumstances, the people's court shall permit:

1, the authentication institution or personnel identification does not have relevant qualifications;

2, serious illegal identification procedures;

3, the appraisal conclusion obviously lack of evidence;

4, through cross examination can be used as evidence that there is any other use.

Conclusions on the identification of defects, which can be solved by the supplementary identification, re examination or supplement the interrogation methods, not re identification.

Identification of the conclusions, 5 party entrust the relevant departments to make, the other party has evidence to refute and apply for re identification, the people's court shall permit.

(four) the appraiser shall appear in court to accept the inquiries of the parties concerned.

(five) the parties may apply to the people's court has special knowledge from one to two persons to appear on specific issues of the case are explained. The people's court to the request, the expense apply the burden of the parties. With permission of the people's court, the parties may have specialized knowledge for their staff on the issues in the case of confrontation. The persons with specialized knowledge may inquire the expert witnesses.

Article twenty-first apply for court orders

(a) the undertaking lawyer because of objective reasons not to collect evidence, may apply to a people's Court issued a warrant.

(two) the parties or the undertaking lawyer shall request the people's Court issued by the investigation, it shall submit a written application. The application shall cover the investigation the name or unit name, domicile and other basic information, the investigation and collection of evidence, the people's court also issued the content to investigate the reasons and facts to prove the need.

(three) the parties or the undertaking lawyer shall request the people's court also issued the order to investigate, not later than the evidence before the expiry of seven days.

Article twenty-second the application of witness

The lawyers on the case, you can apply to the court to inform the witnesses to appear in court. And pay attention to the following matters:

(a) not the correct expression of the will of the people, not as a witness. A person without capacity for civil conduct and a person with limited capacity for civil act to be evidence of the fact that his age, intelligence or mental health situation, can be used as a witness.

(two) if the parties apply for witnesses to testify in court, should be in evidence at the expiration of ten recently proposed, and approved by the people's court.

The witnesses for the reasonable costs and expenses paid, by providing the party, shall be borne by the losing party.

(three) the witness should appear in court as a witness, to accept the inquiries of the parties concerned.

(four) the witness in the court when the parties concerned to exchange evidence at the presentation of evidence, be regarded as to testify in court.

(five) "Civil Procedure Law" stipulates that the seventieth "witness failed to appear in court", refers to any of the following circumstances:

1, the frail elderly or disabled unable to appear in court;

2, special post really can not leave;

3, the road remote, traffic inconvenience to appear in court;

4, due to natural disasters and other force majeure is unable to appear in court;

5, the other is unable to appear in court special circumstances.

The case, the people's court, the witness may submit written testimony or audio-visual materials or through two-way audio-visual transmission technology.

(six) a lawyer shall notify the witness appearing in court to give evidence should be objective statement of its own perception of facts. The witness is a deaf mute, can bear witness by other means. A witness to testify, shall not use the speculation, inference or critical language.

Twenty-third reading, copying court records

The first stage to accept the Commission, the undertaking lawyer shall review the case materials, and mainly refer to the following matters:

1, the plaintiffs is consistent with the conditions of admissibility "provisions of the civil procedure law";

2, the plaintiff's evidence is sufficient, conclusive, there is no contradiction between;

3, the claim is more than the period of limitation of action;

4, under the authority of a court investigation evidence;

Other file material 5, because the case need to consult the court retained.

(two) did not participate in the trial proceedings by lawyers as agents should be timely to the court of second instance, consult the files, and copy the relevant data files, if necessary, should contact a trial lawyer, as far as possible a comprehensive understanding of the situation.

(three) the lawyers as agents in a second inspection dossier, as the focus of the review on the following aspects:

1, the facts are clear, complete, there is no contradiction;

2, the evidence is sufficient, there is no conclusive, without evidence as the ruling basis; there is the adoption of the admissibility of evidence, the admissibility of evidence is not admissible; there is no contradiction between;

3, the first instance judgment, facts and verdict whether to have the necessary logical relationship;

4, the applicable law is appropriate, legal provisions and the nature of the case, the main facts applicable is consistent, there is no suitable have abolished administrative rules and regulations, the regulations and judicial interpretation;

Illegal case 5, a procedure is not affect the correct judgment of the case.

Twenty-fourth determine the quality certificate of quality certificate or rebuttal, draft

(a) of the evidence, lawyers can, but not limited to the following aspects quality certificate:

1, the authenticity of the evidence;

2, the evidence in the case contact;

3, evidence and other evidence of the link;

4, the evidence of the program is legal.

(two) for evidence, lawyers can, but not limited to the following aspects quality certificate:

1, whether the original documentary evidence;

2, the authenticity of documentary evidence;

3, the legitimacy of evidence;

4, documentary evidence to prove the facts;

The contradiction between the 5, documentary evidence and other evidence;

6, the source of evidence.

(three) on the testimony of witnesses, lawyers can, but not limited to the following aspects quality certificate:

1, the relationship between the witness and the parties, especially with the other party has no relationship with this case, no interest;

2, the testimony of witnesses and legality;

3, the testimony of witnesses, the content and the fact to be proved;

4, the age, mental state, behavior and other natural conditions;

After 5, whether the testimony of a witness contradictions;

The contradiction between the 6, witness testimony and other evidence.

Lawyers should be combined with relevant background materials to conduct a comprehensive analysis, published the witness testimony can accepted views, and expounds the concrete reason.

If the witness does not appear in court to accept the evidence without justified reasons, the court recommended lawyer can be inadmissible on the testimony of a witness.

(four) of audio-visual material, the lawyer can but not limited to, from the following aspects of quality certificate:

1, obtain and formation time, location and surrounding environment;

2, there is no trim and fill;

3, collected and its legitimacy;

With the fact in the case of 4, to prove the link.

(five) conclusion of authenticators and authentication, the lawyer can but not limited to the following aspects quality certificate:

1, appraiser qualification;

The relationship between 2 people and parties, identification;

3, the evidence of identification and materials;

Equipment and method 4, identification;

5, whether the appraisal conclusion is scientific;

6, as against the other party for identification, an identification of the time does not exceed the limitation.

A lawyer should the appraisal conclusion comment, that the appraisal conclusion can not be established or not complete, can apply for new or supplementary appraisal.

(six) the lawyer can according to relevant materials and markers by the agent, prepare court investigation outline.

The investigation consists of statements, proof outline outline, examination outline and ask. Statement consists of the case, stating the main points. The proof consists of the main burden of proof, legal relationship between the two sides, right infringement fact proof and loss proof etc.. The fact should have a corresponding evidence statement. Examination outline including other evidence examination opinions, to the other party (or their agents) quality certificate comments and rebuttals on his own side may present evidence. Ask the outline includes the contents and questions on the questioning of witnesses, authenticators to other parties.

(seven) lawyers should be based on the first trial, and completes the proof of remedial work, try to collect support the claims, the claims of the other side of the counter evidence.

(eight) during the trial of second instance found new evidence, or reason as a trial evidence can not on the basis of establishment, or any other may directly affect the outcome of the case situation, the lawyer suggested the court trial of second instance.

(nine) the parties to provide new evidence in the procedure of first instance, shall be presented in the first instance court before or during the court session.

(ten) the parties to provide new evidence at the trial procedure, shall be presented in the second instance court before or during the court session; the second is not necessary to conduct a trial, the people's court shall be made within the time limit specified in the.

Twenty-fifth additional evidence and application time limit delay

(a) the lawyers predict cannot complete the proof of the time limit for adducing evidence due to objective reasons, the burden of proof should be in before the expiration of the term of a written application to the court for the burden of proof and the reasons. To complete the proof burden of the Parties otherwise specified in extended and is still a difficult and special circumstances, should be in the burden of proof to the court again before the expiration of the term of extension proof application, agreed to by the court may extend.

(two) the plaintiff lawyers, submitted a petition to the court as the court thinks, preliminary examination registration is required to pay the relevant evidence materials, lawyers should be made up in time.

(three) sorting and submit the evidence. Counsel submit evidence to the court, can be submitted, can also according to the litigation process in batches submitted. In addition to basic evidence filed or reply outside, other evidence submitted before the court, or in court to submit. A few evidence can only be achieved after the session, can apply for a court to give some evidence submitted grace period.

Twenty-sixth summarized the controversial focus of the case

(a) the parties disputed facts, the focus of controversy is clear, simplified;

(two) according to the characteristics of each case, refining the controversial focus.

Twenty-seventh drafting the agency or agent

(a) a lawyer should carefully written word or word agent agent outline, and before the court ready;

(two) if the court case and the agent can submit ideas consistent, in the word;

(three) cases of second instance without trial, lawyers shall submit a written proxy word timely;

(four) the word should be in accordance with the following principles according to the controversial focus of the case and the specific situation of writing:

1, the proper argument, based on the facts and the laws, slitting, partial, respectively;

By 2, according to the full content and views the indictment, defence, counterclaim;

3, according to the different cases on the subject qualification, the nature of the contract and the validity of contract, breach of contract, the lifting of the fact, the joint and several liability issues such as the opinion statement;

4, the construction contract dispute case should comprehensively consider the project payment terms, quality, time limit for a project, underwritten, qualification, subcontracting, visa, the cause of delay or quality problem, make good use of evidence, make a careful and detailed analysis, to prove their point of view.

Article twenty-eighth pretrial evidence exchange or in the court for trial

(a) upon the application of the parties concerned, the people's court may organize the parties concerned to exchange evidence before a court session. The people's court for the evidence more difficult or complex cases, shall organize the parties concerned to exchange evidence after expiration of the defense period, before the hearing.

(two) the time for exchanging evidence can be negotiated by the parties concerned and approved by the court, or designated by the people's court.

(three) the people's court organizes the parties concerned to exchange evidence, the date for the exchange of evidence proof expires. If the parties apply for extension of the burden of proof is approved by the people's court, the date for the exchange of evidence shall be extended accordingly.

(four) the court received the parties to submit evidence to the court, the parties concerned shall ask for evidence of receipt, receipt of evidence indicate the name, quantity and time, and signed by the judge or clerk.

(five) the parties received the other exchange evidence in evidence shall sign the receipt. To the court to refute the other oral or written evidence, shall apply to the court.

Article twenty-ninth the parties to discuss and confirm the trial and Countermeasures

Before the court, the lawyers can be informed by the court according to the situation whether the agent. If the court, lawyers shall inform the court and court to answer questions and / or other agent matters needing attention.

The lawyers should according to the relevant materials and markers by the agent, prepare court investigation outline, outline, including statements proof outline, examination outline and ask the outline, and the principal common confirmation.

Thirtieth and the parties to discuss and confirm the Mediation Program

If the parties in the litigation to resolve disputes by mediation, the lawyers should be a comprehensive analysis of the advantages and disadvantages of the mediation and legal risks may arise, and finally with the parties together to confirm the mediation program. Mediation shall be signed by the party to confirm.

The lawyers should as far as possible in the court presided over the mediation, mediation by the court, in order to ensure the legitimacy of mediation, the validity and maneuverability.

Article thirty-first agent scheme collective discussion

The lawyers according to the need in accordance with the "major or difficult cases of collective discussion regulations" will case and agency submitted firms to discuss. A law firm shall convene at all under the circumstances of the organization or in the case of 5 or more lawyers collective discussion.

Case facts and the law from the case provides for agent favorable and unfavorable aspects, rationality and risk of the full explanation of agent scheme, the final consensus. If it can not form a consensus, the final choice of director of office of the opinion.

Discuss the major or difficult cases shall make discussion records, and by the director in charge of business or study partner in the discussion records list of signatures.

Approval of thirty-second major, difficult cases agent scheme

Cases in the subject of more than 5000000 yuan, or the complexity of the case and in the community may have a significant effect on the cases need to be discussed through collective in the firm. The scheme of risk undertaking lawyer can not form a consensus or formed, by the office for final approval. After the approval of the lawyers to appear in court the agent or the production of legal instruments.

Article thirty-third the lawyers disagree with Inter

The case handling by more than two lawyers, lawyers, CO sponsored by the opinions of lawyer or lawyer assistant is different, should be fully discussed and absorb the reasonable opinions, unable to reach consensus, the final choice of director of office of the opinion.

Partner about views on legal documents of approval and firm group of difficult cases, are not exempt lawyers undertake independent quality should take on the case of the suretyship liability, but the office ultimately ruled except agent opinions choice opinions and the lawyers phase with.

 

The third chapter supplementary provisions

Matters relating to Article thirty-fourth must be in writing and signed by the parties

The following items shall be signed by the parties in writing:

1, the lawyers to sign each kind of legal document delivery;

2, to the original collection of evidence law;

3, the other party shall be signed by the legal document.

Article thirty-fifth penalties

The lawyers in violation of the regulations for the losses caused to a party concerned and shall bear the liability of compensation, by the parties after the first to compensation, and then to the lawyers claim. Except belongs to the insurance company claims the scope of compensation.

The proportional share liability legal affairs jointly hosted, and jointly sponsored by lawyers in the contractor of the case payment into the proportion corresponding.

The Lawyers liability caused by not taking other jointly hosted the correct views put forward by the lawyer's responsibility for the accident, by the undertaking lawyer liability.

The thirty-sixth form

1, the legal document receipt;

2, the undertaking lawyer business trip to sp.;

3, investigation and evidence collection application;

4, to extend the time limit for adducing evidence application;

5, the witness application;

6, to avoid the application;

7, identification, valuation applications;

8, litigation risk disclosure statement;

9, the parties to the litigation documents confirm, mediation book.