Chapter 426: Don't Thank My Eighth Ancestor
"This tea is not provided by the law, it is the purple bamboo shoot tea I bought from the Yunwu Tea House." Fang Yi said with a smile.
"Purple bamboo shoot tea? It's the first time I've drunk it, and I'll go to Yunwu Tea House to buy some when I have time. Ouyang Jie said.
"Is there something wrong with coming here this time?" Fang Yi said with a smile while adding water to make tea.
"Well, didn't you go to Yu Province not long ago to handle a case where a lawyer was arrested?" Ouyang Jie said mysteriously.
"Yes! What's wrong? Fang Yi asked.
"Two days ago, I talked about a case where a legal worker was arrested, and I reported your name, and guess what, the other party really knows you, and told me that I saw a report about you on the Internet, and the case in Yu Province was told to me by the other party, and you are now a well-known criminal lawyer in the city, blowing a horn through the crack of the door, and your name (ringing) is outside!" Ouyang Jie said seriously.
"Is it so wicked? I've handled a few cases, and I've had a little reputation, so I'm not as evil as you say. Fang Yi said modestly, but his heart was extremely beautiful.
"Really, I'm definitely not lying to you. As soon as the other party heard that I knew you, they wanted me to introduce you to him and consult about the case. You see? Ouyang Jie said and looked at Fang Yi.
"Yes! You can set the time with the other party, I don't have any arrangements during this time, just tell me a day in advance. Do you know the general situation of the case? Fang Yi said: It's a coincidence that someone came to deliver a pillow just after dozing off!
"It is said that a legal worker colluded with another person to conduct a false lawsuit, and was charged by the procuratorate with the crime of aiding in the fabrication of evidence and obstructing testimony, but I don't know much about the specific content." Ouyang Jie took out a high-grade looking notebook from his bag, looked at it after looking at it, and said.
Ouyang Jie is a non-legal person, he is always concerned about how much lawyer fees he can charge, so he has not asked about the situation of the case carefully, anyway, the lawyer has to ask about the case after meeting with the client, he feels that it doesn't matter whether he asks or not, just know about it.
"Wow! It's getting more and more professional, and when I take a small book, my image has improved a lot, and I have a flat glasses, a proper cultural person. Fang Yi saw him take out his notebook and smiled.
"Really?! Yes, I got a pair of flat glasses,...... It's all for the sake of window dressing, and it's really not good to talk to customers about business without five or six people. Ouyang Jie took out a pair of brand-name glasses from his bag and gestured.
"Well, hold on! Go back and ask the person concerned to come over, and I'll talk about it first. Fang Yi smiled.
Looking at the young and handsome Ouyang Jie, Fang Yi secretly said in his heart: It seems that this kid has been led on the road by himself! In case one day you can't do it anymore, don't thank my eight-generation ancestors for this guy.
The "legal worker" mentioned by Ouyang Jie is not a lawyer, and 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 appointed as agents ad litem. But there is a big difference between the two.
First, the legal basis is different
Article 2 of the "Lawyers Law" stipulates that "lawyers" as used in this Law refers to practitioners who have obtained a lawyer's professional certificate in accordance with law and provide legal services to the public.
Article 2 of the Measures for the Administration of Basic-level Legal Service Workers stipulates that basic-level legal workers are personnel who practice in basic-level legal service offices and provide legal services to the public.
It can be seen from this that the legal basis for the existence of lawyers is the "Lawyers Law", while the basis for the existence of legal workers is the "Measures for the Management of Grassroots Legal Service Workers", which is not a law, but a departmental rule.
Second, the access system is different
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 is no such requirement, as long as you have graduated from a college or university with a bachelor's degree in law, and have passed the examination organized by the judicial-administrative organs of the province, autonomous region, or municipality directly under the Central Government, you can issue a certificate.
It can be seen that the professional level and professional ability of the two are clear at a glance.
3. The scope of services is different
Practicing lawyers who have obtained A certificate (C certificate lawyers in the area under care have geographical restrictions on practice) can practice nationwide, and there is no restriction on non-litigation and litigation business, as long as they have the ability and resources to practice.
For example, the existing legal workers in Beijing are divided into city-wide practice and specific regional practice, as the name suggests, city-wide practice is to provide legal services within the city's territory, and shall not exceed the geographical scope of Beijing; On the other hand, the practice in a specific area is to practice within a specific administrative area (such as FT area, or SJS area, or MTG area), and shall not exceed the scope of practice.
The most obvious difference between the scope of practice of a legal worker and a lawyer is that a lawyer can handle criminal cases, while a legal worker may not handle criminal cases.
Theoretically, legal workers can do any business except criminal cases, but with the increasing number of lawyers in recent years, the business scope of legal workers has been continuously squeezed, and many first-tier cities have stopped issuing "Grassroots Legal Service Worker Practice Certificates", and many parties 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, and Fang Yi smelled a familiar smell from the old man's body, which was the smell of only legal professionals.
Fang Yi couldn't help but glance at the old man a few more times, only to see that the old man's body was fat, it was estimated that the waist circumference was 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 Zhao Fengxiang and Zhao Lao that I mentioned to you before. Mr. Zhao, this is lawyer Fang Yi. The case you saw on the Internet in which the lawyer from Yu Province was arrested was the second-instance trial represented by lawyer Fang, and the court of second instance ruled that the lawyer not guilty. Ouyang Jie introduced.
"Lawyer Fang, I have been famous for a long time. We're actually in the same league. Zhao Fengxiang said.
"Oh? Are you also a lawyer? Fang Yi pondered in his heart: No, the strength of this old man does not look like a lawyer, but it is likely that he should be a person in the legal circle.
"I'm not a lawyer, I'm a lawyer, I have been working in Changying Legal Service before I retired, and of course I haven't left the legal circle after retirement, and I occasionally take on some cases." Zhao Fengxiang said.
Don't look at him happy on the surface, in fact, he is very unconvinced: everyone is engaged in law, although you lawyers don't look down on us legal workers, but grandpa I have rich practical experience, and I can't compare with you universities in theory, but we are no worse than you in judicial practice.
Fang Yi didn't think so much, and asked, "Old Zhao, Ouyang said that you have a case to discuss, can you tell me the details?" ”
(End of chapter)