Provisions of Qinghai province on lawyers' performance of their duties

Article 1 In order to ensure and supervise lawyers to perform their duties according to law, give full play to lawyers' role in socialist democracy, legal system and economic construction, and maintain the correct implementation of laws, the Criminal Procedure Law of People's Republic of China (PRC), the Civil Procedure Law of People's Republic of China (PRC), the Administrative Procedure Law of the People's Republic of China and the Provisional Regulations on Lawyers of People's Republic of China (PRC) are implemented. Article 2 The term "lawyer" as mentioned in these Provisions refers to full-time lawyers, part-time lawyers and invited lawyers who have been approved and registered by the judicial administrative organs at the provincial level, and hold the Work Permit of People's Republic of China (PRC) or the Work Permit of People's Republic of China (PRC) (invited) (hereinafter referred to as the Work Permit and the Lawyer's Certificate).

Trainee lawyers participate in litigation and carry out professional work in accordance with relevant state regulations.

Those who do not hold a lawyer's work photo and certificate and have not registered annually shall not engage in lawyer business in the name of a lawyer, and offenders shall be investigated and dealt with by the judicial administrative organ or jointly with relevant organs according to law.

When examining and approving the qualification of lawyers, judicial administrative organs must strictly implement the relevant provisions of national laws and regulations to ensure the quality of lawyers. Article 3 A lawyer's duty is to provide legal services to state organs, enterprises and institutions, social organizations, other organizations and citizens, safeguard the correct implementation of laws, and safeguard the interests of the state and the collective and the legitimate rights and interests of citizens. Article 4 In performing their duties, lawyers must adhere to the principle of taking facts as the basis, taking the law as the criterion, being loyal to the socialist cause and people's interests, observing professional ethics and discipline, and providing civilized services. Article 5 Lawyers' performance of their duties according to law shall be protected by state laws. State organs, enterprises and institutions, social organizations, other organizations and citizens shall respect and support lawyers in performing their duties according to law. Article 6 The working institution for lawyers to perform their duties is a law firm.

The law firm was established with the approval of the provincial judicial administrative organ and accepted the leadership and supervision of the local judicial administrative organ.

Judicial administrative organs and law firms should strengthen the education, training, management and supervision of lawyers. For seriously incompetent lawyers, the provincial judicial administrative organs shall decide to report to the Ministry of Justice for approval and cancel their lawyer qualification. Article 7 A lawyer undertaking business shall be entrusted by a law firm in a unified way, and the fees shall be charged in strict accordance with the standards set by the state. Lawyers are not allowed to accept entrustment without permission and collect fees by themselves.

Lawyers can only practice in one law firm.

When arranging lawyers' work, law firms should try their best to meet the naming requirements of clients.

If the people's court appoints a lawyer as a defender for the defendant in a criminal case, the relevant law firm shall actively arrange it and shall not refuse it without justifiable reasons. A lawyer may not be the defender of more than two defendants in the same criminal case at the same time. Article 8 When a lawyer acts as a legal adviser, the law firm shall sign a contract with the employing unit. Lawyers shall provide legal aid to Party A as agreed in the contract. To safeguard the legitimate rights and interests of the employing unit, the consultant lawyer has the right to propose amendments when he finds that the employing unit does not comply with laws and regulations. Article 9 When performing their duties according to law, lawyers shall show their work photos, certificates and special letters of introduction from law firms. Otherwise, the relevant units and individuals have the right to refuse the reception. Article 10 Lawyers who participate in litigation, arbitration and mediation activities have the right to consult, extract and copy case files and materials related to this case in accordance with laws and relevant regulations, and the people's courts and relevant departments shall provide convenience. However, the records of the judicial committee and collegial panel of the people's court shall not be consulted.

When hearing a case in public, the lawyer appearing in court may record it with the consent of the court because of his work needs. Article 11 When a lawyer needs to obtain relevant information or proof materials to participate in litigation and handle non-litigation legal affairs according to law, he has the right to investigate and collect evidence from the relevant units and individuals, and the relevant units and individuals shall provide assistance and have the obligation to truthfully issue the necessary proof standards (unless otherwise stipulated by the state). Article 12 Lawyers who act as defenders of criminal cases may meet and correspond with defendants in custody. During the meeting, the detention center shall provide a meeting place. For those who must be guarded, the keeper should pay attention to the way, try to avoid increasing the defendant's worries about talking, and be responsible for the safety guard. The dialogue between the lawyer and the defendant was not questioned. Communications between lawyers and defendants detained according to law shall be delivered by the detention unit in a timely manner.

Lawyers are not allowed to deliver articles and letters for the defendant, to disclose information that should not be known to the defendant, to bring relatives and other personnel of the defendant into custody, or to induce the defendant to confess. Article 13 When a lawyer undertakes a case, the main insider is a criminal defendant in the pre-trial stage. With the consent of the person in charge of the pre-trial department of the public security organ and accompanied by the pre-trial personnel, the lawyer may investigate and collect evidence from the defendant in custody.

If a lawyer's investigation has an interest in the defendant's own case during the pre-trial period, an investigation outline shall be drawn up and submitted to the pre-trial department of the public security organ for assistance in the investigation after the consent of the person in charge of the law firm and the pre-trial department of the public security organ. The pre-trial personnel will ask the defendant in custody about the situation and transfer the investigation materials to the lawyer or the law firm where the lawyer is located.

When lawyers undertake cases and need to investigate and collect evidence from people who are serving sentences, undergoing reeducation through labor and undergoing review, the relevant units shall support them.