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Notice of Longyan City Judiciary on Carrying out "Double Random" Spot Checks in Law Firms in 2019
Release time: 2019-03-26 16:00
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,提高监管效能, 强化律师所的自觉、自律和社会监督 ,根据《龙岩市人民政府办公室关于印发龙岩市推广随机抽查机制规范事中事后监管实施方案的通知》(龙政办〔2016〕20号)精神及《龙岩市司法局推广随机抽查规范事中事后监管工作实施方案》(龙司〔2016〕60号)的要求,结合律师事务所2018年度检查考核工作,定于近期以“双随机”抽查的方式在我市开展2019年度律师事务所行政执法监督检查工作,现将有关事项通知如下: In order to implement the "double random" random check mechanism , improve the effectiveness of supervision, and strengthen the consciousness, self-discipline and social supervision of law firms, according to the "Longyan Municipal People's Government Office on Printing and Distributing Longyan City to Promote the Random Random Checking Mechanism to Regulate the Ex-post Supervision Implementation Plan" Longzhengban [2016] No. 20) spirit and the requirements of "Longyan Judicial Bureau to promote the implementation of random random inspections to regulate post-event and post-event supervision work" (Long Si [2016] No. 60), combined with the law firm's 2018 inspection and assessment work, In the near future, the "Double Random" random inspection will be carried out in our city to carry out the supervision and inspection of administrative law enforcement of law firms in 2019. The relevant matters are now notified as follows:

I. Spot check

Law firms implement the Lawyers Law, the Measures for the Administration of Law Firms of the Ministry of Justice, the Measures for the Annual Inspection and Assessment of Law Firms, the Measures for the Administration of Lawyers' Practices, and the Fujian Provincial Price Bureau and the Justice Department's "Fujian Lawyer Service Charges" Administrative Measures "and other laws and regulations. It mainly includes the following aspects:

1, The establishment and implementation of the law firm's internal management system, implementation of conflicts of interest review, unified collection and collection of fees, complaint investigation, and file management;

龙岩市司法局关于开展2018年度律师事务所年度检查考核工作的通知 》(龙司 〔2019〕24号),对律师事务所申报2018年度检查考核中所作承诺事项(含《律师事务所年度检查考核办法》第十六条第一款第(一)、(四)至(九)项)执行情况进行核查; 2. According to the Longyan Municipal Bureau of Justice's Notice on Launching the Annual Inspection and Appraisal Work of Law Firms in 2018 (Long Si [2019] No. 24), the commitments made by law firms in applying for the 2018 annual inspection and appraisal (including the Lawyer Affairs (1) (1), (4) to (9) of Article 16 of the Annual Inspection and Appraisal Measures for the implementation of verification;

3. Whether the lawyer complied with the lawyer's professional ethics and practice discipline, and practiced in accordance with laws and regulations in the course of practice.

Second, random inspection methods and work steps

(I) Spot check

Under the supervision of the staff of the Municipal Bureau of Supervision, under the supervision of the Municipal Bureau of Supervision, from the "Double Random" Random Law Inspection of the Longyan Municipal Bureau of Legal Services Institutions 54 law firms, according to the 10% sampling ratio, randomly selected 6 inspection objects ; From the "Double Random" Random Inspection of the Longyan Municipal Bureau of Administrative Law Enforcement Inspectors' List of 11 administrative law enforcement officers, a random selection of 4 law enforcement inspectors at a rate of 36% constitutes a law enforcement inspection team. In addition, legal service agencies that report a large number of complaints, are included in the business anomaly list, or have records of serious violations of laws and regulations, etc., are directly included in the random inspection object, and are not subject to the limit of random inspection.

(Two) working steps

1. Self-examination by each institute

Before April 5th, all law firms are requested to conscientiously conduct self-examination and related work in conjunction with the 2018 annual inspection and assessment and lawyers' professional ethics practice disciplinary evaluation activities.

2. Random selection of inspection objects and law enforcement inspectors

Our bureau will randomly select inspection objects and law enforcement inspectors before April 10th, and publicize the list of selected inspection objects and law enforcement inspectors on the portal website of the Municipal Judicial Bureau for 5 days.

3. Implementation of spot checks

From April 5th to April 20th, the law enforcement inspection team of our bureau will conduct on-site supervision and inspection of the inspection objects according to the random inspection items and the contents of the random inspection list of Longyan Municipal Judicial Bureau. After the inspection is completed, feedback the relevant situation to the inspection object.

4. Briefing

After the inspection, our bureau will announce the results of the "double random" random inspection to the society through the portal website, and actively accept social supervision. The results of the random inspection shall be notified to the Municipal Bar Association at the same time.

内业 资料、电话回访、座谈了解等。 Inspection methods include: listening to reports, checking in- house materials, telephone interviews, discussions, etc.

Work requirements

(1) Each law firm shall take this spot check as an opportunity to carry out a comprehensive "physical examination" to strengthen internal supervision and management. The institutions selected for on-site inspection shall actively cooperate with the inspection and carefully prepare relevant materials. For the problems found during the inspection, find out the "cause", conscientiously rectify and continuously improve the legal service level and management level of the law firm.

(2) Law enforcement inspectors must earnestly perform their supervisory tasks, and in accordance with the principles of division of responsibilities and cooperation, they must present law enforcement certificates and conduct inspections in accordance with the law. Law enforcement inspectors must carefully fill in the on-site supervision and inspection records, truthfully record the inspection situation, and be signed by the person in charge of the inspected agency or sealed by the unit for confirmation. If the signature or seal cannot be obtained, the law enforcement inspector shall indicate the reason, and the relevant person of the inspection target shall sign and confirm it as a witness.

及时向社会公布,接受社会监督。 (3) For illegal behaviors and situations found during spot checks, our bureau will punish them in accordance with laws and regulations, and publicize the results of spot checks and investigations to the society in a timely manner and accept social supervision.

Attachment: "Longyan City Law Firm Random Random Check List of 2019"

 

 

 

 

Longyan Municipal Bureau of Justice

March 26, 2019

annex

201 9 年度 律师事务所 随机抽查事项清单 Longyan City's Random Checklist of Law Firms in 2009 and 2009

 

Subject of spot check: Longyan Municipal Bureau of Justice        

Spot check basis

Spot check

Spot check

《律师事务所年度检查考核办法》、 《福建省律师服务收费管理 办法 Lawyers Law, Measures for the Administration of Law Firms, Measures for the Administration of Lawyers' Practices, Measures for the Annual Inspection and Assessment of Law Firms, and Measures for the Administration of Lawyer Service Charges in Fujian Province

 

内部管理制度建设情况; 1. Construction of internal management system;

检查律师事务所履行管理职责是否到位,包括: 落实利益冲突审查 统一收案收费 、政治业务学习、人员管理、 投诉查处 档案管理 、业务推广等 制度情况; 2. Check whether the law firm has fulfilled its management responsibilities, including: implementation of conflicts of interest review , unified case collection fees , political business learning, personnel management, complaint investigation , file management , and business promotion ;

工作 开展情况 3. The annual evaluation of law firms and lawyers . 2018年度检查考核中所作承诺事项(含 《律师事务所年度检查考核办法》第十六条第一款第(一)、(四)至(九)项) 执行情况进行核查; Verification of the implementation of the commitments made by the law firm in the 2018 inspection and evaluation (including the Article 16 Paragraphs (1), (4) to (9) of the Law Firm's Annual Inspection and Evaluation Measures) ;

律师办理案件服务质量, 在执业过程中是否遵守律师职业道德和执业纪律,依法依规、诚信执业。 4. The quality of service of lawyers in handling cases , whether to abide by lawyers' professional ethics and practice discipline in the practice process, and to practice in accordance with laws and regulations and with integrity.

 

on site

an examination

 

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