District and County Justice Bureaus, law firms, municipal legal aid centers, and public lawyers offices:
In accordance with the relevant requirements of the Lawyers Law, the Implementation Rules for the Annual Inspection and Assessment of Law Firms in Guangxi Zhuang Autonomous Region, and the Rules for the Annual Assessment of Lawyers in Guangxi Zhuang Autonomous Region, we are now ready to conduct the 2012 inspection and assessment of lawyers in the city and the practice year of lawyers The related matters of the assessment work are notified as follows:
First, check the object of assessment
The city's 2012 annual law firm's annual inspection and evaluation targets are all law firms in the city approved to be established before December 31, 2012, and the 2012 lawyer's practice annual evaluation target is lawyers approved to practice before December 31, 2012 (including Full-time lawyers, part-time lawyers, public lawyers, legal aid lawyers) should all participate in this annual assessment.
Organization and implementation of inspection and assessment
The Municipal Zhicheng Law Firm's inspection and assessment work shall be organized and implemented by the Municipal Bureau Lawyer Management Section. The county and district law offices' annual inspection and assessment work is organized and implemented by the district and county judicial bureaus, and the county and district judicial bureaus are responsible for the preliminary examination. The annual assessment of lawyers' practice is organized and implemented by the Municipal Bar Association. The results of the assessment are reported to the Municipal Judicial Bureau for review and filing. For lawyers under the jurisdiction of the County and District Judicial Bureaus, the opinions of the County and District Judicial Bureaus must be sought before the assessment results are evaluated. The legal evaluation of legal aid lawyers is organized by the Municipal Legal Aid Center, and the opinions of the county and district judicial bureaus where the legal aid lawyers are located are reported to the Municipal Bar Association for unified evaluation.
Third, check the assessment content
(1) Main contents of annual inspection and assessment by law firms
Carry out the assessment in accordance with the provisions of Articles 8 to 11 of the "Implementation Rules for the Annual Inspection and Evaluation of Law Firms in Guangxi Zhuang Autonomous Region", focusing on the construction of the lawyer team, the development of business activities, the performance of lawyers' practice, internal management, and the development of lawyer party Check and evaluate in five aspects such as working conditions.
(II) Main contents of annual assessment of lawyers' practice
1. Lawyer's compliance with the Constitution, laws, regulations and rules, professional ethics, professional discipline and industry norms, and fulfillment of legal duties in practice;
2. Lawyers' compliance with the Articles of Association of the Bar Association and fulfillment of their membership obligations;
3. Lawyer's compliance with the law firm's constitution, agreement and internal management system;
4. The number, type and quality of legal services handled by lawyers, and the handling of major cases and group cases;
5. Lawyer's performance of legal aid obligations, participation in social services and other social welfare activities;
6. Lawyer's completion of the required hours of continuing education training;
7. The status of lawyers receiving administrative rewards and punishments;
Public lawyers and legal aid lawyers will be assessed with reference to the above.
4. Materials to be submitted for inspection and assessment
(1) Documents to be submitted to the judicial administrative agency by the law firm for inspection and assessment
1. "Registry Inspection and Registration Form for Law Firms" (Annex 1);
2. "Summary Table of Annual Evaluation of Lawyers of Law Firms" (Annex 2);
3. Summary report of the practice;
4. Annual financial audit report. Law firms established between October 1, 2012 and December 31, 2012 do not need to conduct annual financial audits. State-owned law firms may provide internal audit reports from the county and district judicial bureaus. Except for accounting firms that audit the law firm ’s finances, In addition, audit opinions shall be provided on the following:
① The establishment of the practice risk fund and the business development fund this year. The withdrawal ratio of the practice risk fund is withdrawn at 3% of the net profit for the year. When the total amount of the practice risk fund reaches the amount of established assets, it may not be withdrawn. Career development fund withholding ratio is withdrawn at 5% of the net profit of the year. When the total amount of the business development fund reaches the amount of assets established, it may not be withdrawn.
② Tax situation in the current year.
5. A copy of the law firm's practice license and submit it for review.
6. Approval of major changes approved during the year. If there are major changes, please copy the law firm's practice license page by page. If there are any approvals, please copy the report together.
7. Certificates of obtaining administrative or industry commendation awards, receiving administrative punishment or industry punishment.
8. Documents for hiring lawyers and supporting staff to apply for social insurance such as pension, unemployment and medical treatment (the payment voucher issued by the social security agency must be submitted, otherwise the examination of this institute will be suspended) The full-time lawyers and supporting staff employed have reached the retirement age and can no longer purchase social insurance. Part-time lawyers hired may not buy social insurance.
9. Proof materials for fulfilling legal aid obligations, participating in social services and other social welfare activities.
10. Proof materials for performing the obligations of membership of the Bar Association. Submit a copy of the payment certificate.
11. List of proposed announcements for the annual inspection and evaluation of law firms and lawyers in 2012 (submission of electronic version and paper version with official seal) (Annex 3);
12. "Registration Form for Basic Information of Law Firm Address Book" (only electronic version of excel electronic version is required) (Annex 4).
In addition to the 1st and 2nd materials, namely, the "Registration Form for Annual Inspection and Assessment of Law Firms in Guangxi Zhuang Autonomous Region" and "Summary Form for Annual Assessment of Law Firm Lawyers", four copies shall be submitted, and other materials need only be submitted in one copy. Items 1 to 10 are bound together in order and submitted for review. The other three copies of items 1 and 2 are submitted separately from item 11.
(II) Documents that the law firm should submit to the Municipal Bar Association during the annual assessment of lawyers' practice
1. "Summary Table of Annual Evaluation of Lawyers of Law Firms" (Annex 2);
2. The Roster of Lawyers (Annex 5);
3. "Annual Examination Registration Form for Lawyers" (Annex 6);
The above materials are bound into three volumes in order for submission for review, all of which need to submit electronic texts to the designated mailbox.
V. Inspection and Assessment Procedures
(1) Self-evaluation and preliminary examination (March 1 to March 10)
Participating law firms and lawyers conducted self-assessment in accordance with the requirements of the “Guangxi Zhuang Autonomous Region Law Firm's Annual Inspection and Evaluation Implementation Rules” and “Guangxi Zhuang Autonomous Region Lawyers' Annual Assessment Rules” and summarized the situation in 2012. Review opinions, collect and sort out the materials that should be submitted for annual inspection and assessment; on the basis of self-assessment, county and district law firms must report to the local county and district judicial bureaus for preliminary review.
(2) Times of review, assessment and assessment of reported materials (March 11 to March 22)
The law firm's inspection and assessment and the annual assessment of practicing lawyers shall be combined with each other.
The participating law firms report the annual assessment materials of the firm and its lawyers to the Municipal Bureau of Lawyers Management Section and the Municipal Bar Association for review and assessment. The annual assessment of lawyers is divided into "competent", "basic competent" and "incompetent"; the annual assessment of lawyers is divided into "qualified" and "unqualified". Law firms established from January 1, 2013 do not need to apply for assessment. The place for review of submissions is Room 201 (No. 108 Mingxiu West Road) on the second floor of the Office Building of the Municipal Judicial Bureau.
(3) Publicity and review (March 25 to April 1)
The Municipal Bureau of Lawyers Management Section and the Municipal Lawyers Association will publicize the results of the assessment of each lawyer and law firm on the website of the Law Association. The publicity period is seven days. During the publicity period, all lawyers and law firms have objections to the assessment results. The Lawyer Management Section and the Municipal Bar Association applied for a review.
(4) Sealed with the annual assessment and inspection seal (April 2 to April 12)
After the completion of the 2012 annual inspection and evaluation work, the Lawyer Management Section of the Municipal Bureau of Administration will affix the special copy of the law firm's practice license (2 copies) and the lawyer's practice certificate with the special seal for the annual inspection and evaluation.
Law firms established before January 1, 2013 to May 31, 2013 do not need to apply for assessment, but only need to submit a copy of the law firm's practice license stamped with "new establishment".
From October 1, 2012 to May 31, 2013, lawyers who have obtained a lawyer's practising license shall be stamped with the word "new practice" on their practising license by the Municipal Bureau of Lawyer Management Section.
Six, inspection and assessment requirements
County, district judicial bureaus, municipal legal aid centers, and law firms must attach great importance to inspection and assessment, arrange time reasonably, master progress, and ensure that tasks are successfully completed.
(A) carefully organized. Each law firm shall conscientiously summarize and self-evaluate, and designate a special person to be specifically responsible for the annual assessment and preliminary evaluation of the firm.
(2) Strict procedures. It is necessary to strictly fulfill the duties in accordance with the procedures stipulated in the Measures for the Annual Inspection and Evaluation of Law Firms in the Guangxi Zhuang Autonomous Region and the Detailed Implementation Rules for the Annual Inspection and Evaluation of Law Firms in the Guangxi Zhuang Autonomous Region.
(3) Strict review. The Municipal Judicial Bureau and the Municipal Bar Association will strictly check the assessment materials, and if they find any fraud or illegal behavior, they shall be punished and punished according to relevant regulations. If a law firm fails to accept the annual inspection and assessment as required, the Municipal Judicial Bureau announces that it has been ordered to accept the annual inspection and assessment within a time limit; if it fails to accept the annual inspection and assessment within the time limit, it shall be deemed to be suspended and the municipal judicial bureau shall withdraw its practice license and report it to the autonomous region The Department of Justice handles cancellation procedures. For lawyers who have not yet passed the annual assessment after the deadline, the Municipal Bar Association may directly issue the incompetent assessment results and order them in writing to correct and arrange for them to participate in the training and education organized by the Bar Association.
(4) Strengthen supervision and guidance. The Municipal Judicial Bureau will strengthen the guidance of the annual assessment work, insist on the combination of written review with on-site inspection, and combine the situation with daily supervision and management to comprehensively evaluate the assessment opinions.
Contact: Pan Shuqiong, Lai Qiurong
Nanning Judicial Bureau Nanning Bar Association
February 28, 2013