Lawyer's character

"This tea is not provided by the law firm. It is the purple bamboo shoot tea I bought from Yunwu Tea House." Fang Yi said with a smile.

"Purple bamboo shoot tea? This is my first time to drink it. I will go to Yunwu Tea House to buy some when I have time." Ouyang Jie said.

"Are you here for something this time?" Fang Yi said with a smile while adding water to make tea.

"Well, not long ago, did you go to Henan Province to handle a case in which a lawyer was arrested?" Ouyang Jie said mysteriously.

"Yes! What's wrong?" Fang Yi asked.

"Two days ago, I talked about a case in which a legal worker was arrested, and I reported your name. Guess what, the other party really knew you and told me that he had seen reports about you on the Internet. Yu The provincial case is what the other party told me. You are now a well-known criminal lawyer in this city. You blow the trumpet through the crack of the door and your name is known!" Ouyang Jie said seriously.

"Is it so evil? I have handled a few cases and have a bit of a reputation, so it's not as evil as you said." Fang Yi said modestly, but he felt extremely beautiful.

"Really, I will never lie to you. As soon as the other party heard that I knew you, he wanted me to introduce you to him and consult about the case. What do you think?" Ouyang Jie said and looked at Fang Yi.

"Okay! You can set the time with the other party. I don't have any plans during this period. Just tell me one day in advance. Do you know the general situation of the case?" Fang Yi thought: Someone came to deliver a pillow just after dozing off. What a coincidence. !

"It is said that a legal worker colluded with another person to conduct a false lawsuit, and was accused by the procuratorate of helping to fabricate evidence and obstructing testimony. I don't know much about the specific content." Ouyang Jie took out a very-looking one from his bag. After flipping through the high-grade notebook, he looked at it and said.

Ouyang Jie is a non-lawyer. He is always concerned about how much lawyer fees he can charge, so he has not asked about the case in detail. Anyway, the lawyer will ask about the case after meeting with the client. He feels that it doesn't matter whether he asks or not. He only needs to know a rough idea. .

"Hey! He's becoming more and more professional. As soon as he takes the notebook, his image immediately improves a lot. With plain glasses, he becomes a well-educated person." Fang Yi saw him take out his notebook and said with a smile.

"Really?! Yes, I am equipped with a pair of flat glasses... all for decoration. It's really not good for five people and six people to discuss business with customers." Ouyang Jie took it from the bag again. He took out a pair of designer glasses and gestured.

"Well, hold on! You can invite the person involved over later, and I'll talk about it first." Fang Yi said with a smile.

Looking at the young and handsome Ouyang Jie, Fang Yi thought to himself: It seems that he has led this boy to the road of smuggling! If one day I can no longer work, this guy must not thank my eight generations of ancestors.

The "legal workers" mentioned by Ouyang Jie are not lawyers. This kind of profession is probably only available in China.

According to Article 61 of the Civil Procedure Law, lawyers and grassroots legal service workers are full-time legal service personnel who can be entrusted as litigation agents. But there is a big difference between the two.

1. Different legal basis

Article 2 of the Lawyers Law stipulates that "lawyers" as used in this law refer to practitioners who have obtained lawyer professional certificates in accordance with the law and provide legal services to the society.

Article 2 of the "Measures for the Management of Grassroots Legal Service Workers" stipulates: Grassroots legal workers are personnel who practice in grassroots legal service offices and provide legal services to the society.

It can be seen that the legal basis for the existence of the two is different. The legal basis for the existence of lawyers is the "Lawyers Law", while the basis for the existence of legal workers is the "Administrative Measures for Grassroots Legal Service Workers". This measure is not a law, but a departmental regulation.

2. Different access systems

To become a lawyer, you must first take the National Lawyer Qualification Examination and obtain the professional qualification of a lawyer. As a grassroots legal worker, there are no above-mentioned requirements. As long as you have graduated from a college with a bachelor's degree in law and passed the examination organized by the judicial administrative agencies of provinces, autonomous regions, and municipalities directly under the Central Government, you can be issued a certificate.

It can be seen from this that it is clear at a glance which one is higher and which one is lower in professional level and professional ability.

3. Different service scopes

Practicing lawyers who have obtained an A certificate (lawyers with a C certificate in areas under care are subject to geographical restrictions) can practice nationwide, and there are no restrictions on non-litigation and litigation business, as long as they have the professional ability and resources.

There are geographical restrictions on the services of legal workers. For example, existing legal workers in Beijing are divided into city-wide practice and specific area practice. As the name suggests, city-wide practice can provide legal services within the city and must not exceed the scope of the capital; while specific areas Regional practice means practicing within a specific administrative area (such as FT area, or SJS area, or MTG area), and practice outside the scope is not allowed.

The most obvious difference in the business scope of legal workers and lawyers is that lawyers can handle criminal cases, while legal workers are not allowed to handle criminal cases.

Theoretically, legal workers can handle any business except criminal cases. However, as the number of lawyers continues to increase in recent years, the business scope of legal workers has been continuously squeezed. Many first-tier cities have stopped issuing "Grassroots Legal Services" "Worker's Practice Certificate", many clients are more inclined to find lawyers for legal consultation, and many people have not even heard of the profession of legal workers.

In the afternoon of the next day, Ouyang Jie brought an old man in his sixties with gray hair. Fang Yi smelled a familiar smell from the old man's body, which was the smell of legal professionals.

Fang Yi couldn't help but take a few more glances at the old man. He saw that the old man had a fat figure, and his waistline was probably not much shorter than the length of his pants. He had a big belly, a red nose, not much hair on the top of his head, and his scalp was vaguely visible.

"Lawyer Fang, this is Mr. Zhao Fengxiang whom I mentioned to you before. Mr. Zhao, this is Mr. Fang Yi. The case in which the lawyer from Yu Province was arrested you saw on the Internet was the second instance lawyer Fang represented. The court of second instance Change that lawyer’s sentence to not guilty,” Ouyang Jie introduced.

"Lawyer Fang, I've heard of him for a long time. We are actually colleagues." Zhao Fengxiang said.

"Oh? Are you also a lawyer?" Fang Yi thought to himself: No, this old man doesn't look like a lawyer, but he most likely belongs to the legal circle.

"I am not a lawyer, I am a legal worker. I have been working at Changying Legal Services before retiring. Of course, I have not left the legal circle after retirement. I occasionally take on some cases." Zhao Fengxiang said.

Although he seems cheerful on the surface, he is actually very unconvinced in his heart: Everyone is engaged in law. Although you lawyers look down on us legal workers, grandpa, I have rich practical experience, and I am not as good as you who came from colleges and universities in theory. Yes, but in terms of judicial practice we are no worse than you.

Fang Yi didn't think too much and asked: "Mr. Zhao, Ouyang said you have a case to discuss, can you tell me the details?"