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Regulations on the management of case collection, charging, filing and seal use of Anhui Zhongtianheng law firm.


Regulations on the management of case collection, charging, filing and seal use of Anhui Zhongtianheng law firm.

(2020) ZTH No. 003

 

All lawyers of our head office and branches:

 In order to strengthen the management of case collection, filing registration and seal use registration, in accordance with the measures for the administration of law firms of the Ministry of justice, the articles of association of the firm and other relevant provisions, the actual practice of the firm and the general practice of the lawyer industry, the provisions on the management of case collection, charging, filing and seal use were unanimously adopted after the study of the investment partner meeting of the firm, which will be implemented from April 24,2020.If the provisions need to be revised and improved in the process of implementation, please feed back to the administrative agency of the firm in a timely manner and submit it to the meeting of Capital Partners for study.

Hereby notified.

Appendix: Regulations on the management of case collection, charging, filing and seal use of Anhui Zhongtianheng law firm.

Copy: Hefei Provincial Department of Justice, Hefei Provincial Lawyers Association Anhui Zhongtianheng law firm

Regulations on collection, charging, filing and use of seal

According to the Law of the People's Republic of China, the “Administrative Measures on Law Firms” of the Ministry of Justice, the measures for the administration of law practice and the articles of association of Anhui Zhongtianheng law firm (2019 Revision) (hereinafter referred to as the " Regulations ") and other relevant rules and regulations, and summarizing the experience and lessons of the past, we hereby formulate the measures for the collection, charging and filing of cases (hereinafter referred to as "the regulations") on the administration of the use of seals.

Article 1 In  legal services, intellectual property services and other matters (hereinafter referred to as "service matters"), the lawyers of the firm shall implement the system of accepting the entrustment of the parties, collecting service fees and recording service fees in a unified way. It is strictly prohibited for the lawyers of the firm to collect fees without permission. Except for legal aid cases, the lawyers of the firm shall not reduce or raise the charging standard without the approval of the Capital Partners' meeting.

Article 2 In accordance with the requirements of the competent judicial administrative department and the competent department of the lawyer industry, the examination and approval system shall be implemented for the lawyers of the firm to handle services. First, lawyer shall fill in the examination and approval form of case acceptance registration, submit the contract of entrustment and Agency (legal consultant contract) and the procedures of authorization and entrustment, and the administrative personnel of the firm shall pre-examine and register.

Article 3 In order to give consideration to both standardization and efficiency, if the person in charge of the firm or the investment partner is in the office of the firm, the service items that need to be registered shall be submitted to the person in charge of the firm or the investment partner for approval by the administrative personnel in a timely manner. If not, the administrative personnel shall be responsible for the pre-approval.

Article 4 After the preliminary examination and approval of the administrative personnel of the firm, the relevant formalities such as seal use can be handled. However, the original materials such as the approved form of case collection registration, the contract of entrustment and Agency (the contract of legal counsel), and the power of attorney must be submitted to the administrative personnel of the firm for examination. After that, the original or copy of such materials shall be sorted out and submitted to the person in charge of the firm or the capital partner for formal approval and ratification.

Article 5 If it is found that lawyer conceals the facts and accepts the case in violation of the regulations, including filling in the subject matter of the dispute and the amount of the charges, etc., which causes the administrative personnel of the firm to register untruthfully and use the seal wrongly, the firm will cancel the pre-approval and seal use procedures in a timely manner. At the same time, the legal responsibility of the responsible person shall be investigated in accordance with the law and regulations.

Article 6 In order to effectively achieve the legality and compliance in the process of case collection and  after case collection, the firm shall implement a certain proportion of random sampling system for service items. In case of any violation of laws and regulations, damage to the legitimate rights and interests of the firm and the lawyers of the firm, the decision will be announced to the public within the scope of the firm in a timely manner. If the circumstances are serious and cause adverse effects or consequences, the firm will report to the competent judicial administration department and the bar association in a timely manner. If economic losses are caused to the firm and its lawyers, they shall be ordered to make compensation according to law.

Article 7 If the administrative personnel find obvious problems in the pre examination and approval and registration of the case, they shall report to the person in charge or the capital partner of the firm in time, and the seal can only be used after the person in charge or the capital partner of the firm or the authorized administrative meeting of the firm has examined and approved.

Article 8 Lawyers' service fees shall be collected in accordance with laws and regulations, and private fees are strictly prohibited. The amount of fees recorded in the approved form of case collection registration shall be consistent with the amount of fees recorded in the principal-agent contract (legal consultant contract) and the amount of fees actually recorded by the financial department of the firm. In case of any inconsistency between the records of the registration of the acceptance of a case or the entrustment contract and the actual performance of the party concerned, the statement shall be supplemented and corrected in a timely manner. If private charges or malicious evasion of laws and regulations and the rules and regulations of the firm are not recorded in the account, they shall be dealt with seriously once found. In addition to ordering the party to return compensation and make up for the commission expenses in accordance with the provisions of the firm, corresponding internal treatment shall be made. If the circumstances and the consequences are serious, the matter shall be reported to the competent judicial administrative organ and the Bar Association for .

Article 9 The service items shall be filed in time after completion. Those who fail to file according to the requirements of the competent department and the regulations of the firm and affect the results of the annual practice assessment of individuals shall be held responsible for their own. If the overall annual practice assessment of the firm is affected, the firm will investigate the legal responsibility of the responsible person in accordance with the law and regulations.

Article 10 Before the completion of the service items or though they have been completed but not filed, no one shall illegally require the administrative personnel to cancel the case or forge the false information filed in the case collection registration system, including the front registration system of the firm and the back registration system of the judicial administration department. Once found, take it seriously. If any damage is caused to the legitimate rights and interests of the firm and its lawyers, it shall be liable for compensation according to law.

Article 11 In order to ensure the security of the use of seals and for future reference, the applicant must fill in the seal registration form truthfully. If the applicant fails to fill in or fails to fill in the seal registration form, the administrative personnel shall not use the seal. If the administrative personnel do not use the seal in accordance with the provisions, they shall bear the corresponding responsibility for management negligence, and if any damage is caused, they shall bear the liability for compensation in accordance with the law.

Article 12 The administrative staff of the firm is the person in charge of seal management, and shall strictly examine the safe use of seals. If it is found that the applicant deliberately creates difficulties, threatens or retaliates against the administrative personnel, the firm will deal with it strictly in accordance with the law once it is verified.

 

Article 13 In case of major changes in the actual situation of the allocation of administrative resources according to the needs of the firm, or when the firm decides to fully use the safe and practical 0A office system to achieve mobile approval, the provisions will be revised.

 

Article 14 These Provisions shall come into force after being studied and approved by the investment partner meeting of the firm, and shall be implemented from April 24,2020.

 

Article 15 The power of interpretation of these provisions shall be vested in the meeting of Capital Partners of the firm.

Anhui Zhongtianheng law firm

April 24,2002