What is the difference between a legal worker and a lawyer?

In real life, many people confuse legal workers with lawyers. In fact, there are obvious differences between the two, including different legal basis for practice, different scope of legal services, different conditions for obtaining professional qualifications, etc. Lawyers are During the litigation process, we can provide corresponding legal services to the parties. Let’s take a look at the detailed answers with the editor of Legal Savior Network.

1. What is the difference between legal workers and lawyers

Legal work There are differences between practitioners and lawyers, including different legal basis for practice, different scope of legal services, different conditions for obtaining professional qualifications, and different units of practice:

1. The legal basis for practicing business is different. Lawyers perform their business in accordance with the Laws Law. Legal workers engage in legal services in accordance with the "Measures for the Management of Grassroots Legal Service Offices" issued by the Ministry of Justice.

2. The scope of legal services is different. my country's Criminal Procedure Law stipulates that lawyers can be entrusted as defenders, but legal workers do not have this authority.

3. The conditions for obtaining professional qualifications are different. The Lawyers Law stipulates that to practice law, a lawyer must obtain a lawyer's qualification and a lawyer's practicing certificate. To obtain lawyer qualifications, one must pass the unified national judicial examination.

The professional qualifications of legal workers require a high school or technical secondary school degree or above. Since 2000, the Ministry of Justice has uniformly organized the professional qualification examination.

4. The units of practice are different. Lawyers should practice in law firms. Legal service workers can apply for a practicing certificate only after they have obtained qualifications and are hired by a grassroots legal service office.

"Lawyers Law" Article 2 The term "lawyers" as used in this Law refers 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" Grassroots legal workers are those who practice in grassroots legal service offices and provide legal services to the society.

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2. What are the responsibilities of lawyers

The responsibilities of lawyers, in short, are three "maintenances": safeguarding the legitimate rights and interests of the parties, safeguarding the correct implementation of the law, and safeguarding social fairness and justice. Lawyers can serve as agents in civil cases or as defenders and agents in criminal cases to participate in litigation, handle non-litigation legal affairs, and participate in the negotiation of economic projects. According to the provisions of my country's Procedural Law, lawyers have the right to issue documents, cross-examine, present new evidence, participate in court debates, and refuse to answer improper questions from the court during the court hearing stage.

Article 28 of the "Lawyers Law" Lawyers may engage in the following businesses:

( 1) Accept the entrustment of natural persons, legal persons or other organizations to serve as legal advisors;

(2) Accept the entrustment of parties to civil cases or administrative cases and act as agents, Participate in litigation;

(3) Accept the entrustment of criminal suspects in criminal cases, provide them with legal advice, represent them in complaints and accusations, and represent arrested criminal suspects Apply for bail pending trial, accept the entrustment of criminal suspects and defendants or the designation of the people's court, serve as defenders, accept the entrustment of private prosecutors in private prosecution cases, victims of public prosecution cases or their close relatives, act as agents, and participate in litigation;

(4) Accept entrustment and act as an agent for appeals in various litigation cases;

(5) Accept entrustment and participate in Mediation and arbitration activities;

(6) Accepting entrustments and providing non-litigation legal services;

(7) Answer legal inquiries, write litigation documents and other documents related to legal matters.

3. What are the behaviors that lawyers are not allowed to engage in in their professional activities

Behaviors that lawyers are not allowed to engage in in their professional activities include accepting commissions privately, collecting fees, accepting property or other benefits from clients, taking advantage of the convenience of providing legal services to obtain the rights and interests of parties in disputes, and taking advantage of the provision of legal services Use convenience to obtain the disputed rights and interests of the parties.

Article 40 of the "Lawyers Law" Lawyers shall not engage in the following conduct in their professional activities:

(1) Privately accept entrustment, collect fees, and accept property or other benefits from the client;

(2) Taking advantage of the convenience of providing legal services to obtain the rights and interests of the parties involved in the dispute;

(3) Accepting property or other benefits from the other party and maliciously colluding with the other party or a third party , infringing on the rights and interests of the client;

(4) Violating regulations to meet with judges, prosecutors, arbitrators and other relevant staff;

(5) Offering bribes to judges, prosecutors, arbitrators and other relevant staff, introducing bribes or instigating or inducing parties to pay bribes, or influencing judges, prosecutors, arbitrators in other improper ways and other relevant staff members to handle cases in accordance with the law;

(6) Deliberately providing false evidence or threatening or inducing others to provide false evidence to prevent the other party from lawfully obtaining evidence;

(7) Inciting and instigating parties to adopt illegal means such as disrupting public order and endangering public security to resolve disputes;

(8) Disrupting the order of courts and arbitral tribunals and interfering with the normal conduct of litigation and arbitration activities.

There are differences between legal workers and lawyers For example, if a lawyer performs his business in accordance with the Lawyers Law, in addition, a lawyer can be entrusted as a defender in accordance with the law, but legal workers do not have this authority. It can be seen that lawyers have a unique status and need to bear certain responsibilities. Responsibility, the above is the answer given by the editor of Legal Savior Network, I hope it will be helpful to you.