Jimu News reporter Zhang Xiujuan
Correspondent Tan Ying
Recently, a video on the Internet about the opening of a legal consulting company in Wuhan has attracted the attention of some citizens. The Jimu News reporter saw in the video that in the noise of gongs and drums, a group of waist drum team members shouted their opening slogan. The store's signboard reads "Legal E-commerce, Seven-day No Reason Refund Offline Service Center".
Can a civil lawsuit really guarantee you victory?
On April 24, a Jimu News reporter came to the company's store and found that the door was closed, there was no store name on the red signboard, and the words "individual enterprise legal affairs" and "corporate legal counsel" were pasted on the glass windows. The reporter learned that at present, the market supervision office of the jurisdiction has jointly inspected the on-site inspection of the judicial office of the jurisdiction. After investigation, it was found that the store only handled the business license of individual industrial and commercial households, and did not obtain the practice qualification of relevant legal services.
The lawyer reminds that consumers should pay attention to distinguishing between legal consulting companies and law firms, law firms with law firm practice licenses, and legal consulting companies with business licenses, and it is recommended that consumers in need choose more professional law firms.
There is no legal qualification, and the company is located next to the judicial office
"Civil lawsuits, to ensure that you win the lawsuit? It is impossible to win the lawsuit all the time, is this considered false publicity?" Many citizens questioned after seeing the company's opening publicity. After receiving relevant clues, the Xujiapeng Market Supervision Office of Wuchang District, Wuhan City, quickly conducted an on-site inspection of the stores involved in conjunction with the judicial office of the jurisdiction.
On-site inspection by law enforcement officers
After on-site visits, the staff found that the store was located next to the judicial office, and there was a police station opposite the store. The store's signboard reads "Legal E-commerce, Seven-day No Reason Refund Offline Service Center", and the leaflet in the store also reads "Official Certification of the Ministry of Public Security of China", which is mainly engaged in civil litigation, labor arbitration, drafting legal documents and other businesses.
However, after investigation, the staff found that the store had only applied for a business license for individual industrial and commercial households, and had not obtained the practice qualification for relevant legal services. "Without practicing qualifications, they still engage in paid legal services in the name of lawyers and legal service workers. According to the person in charge of the Xujiapeng Market Supervision Office, this behavior is suspected of operating beyond the approved business scope and violating the "Lawyers Law of the People's Republic of China". Not only that, the words "guarantee that you win the lawsuit" in the advertising slogan in the store are suspected of absolute. Claiming to be "officially certified by the Ministry of Public Security" without obtaining the authorization of the Ministry of Public Security is suspected of constituting false propaganda. "These acts are suspected of violating the Advertising Law of the People's Republic of China. The person in charge said.
For the store's violations of laws and regulations, the market supervision department and the judicial department ordered it to remove the illegal photos, remove the illegal advertising leaflets, and will file a case for investigation of their violations of laws and regulations.
On April 24, a Jimu News reporter went to the legal consulting company's store during working hours and found that the door was closed, the name of the store was no longer on the red signboard, and the words "individual enterprise legal affairs" and "corporate legal counsel" were pasted on the glass windows. The person in charge of a nearby supermarket told reporters that the store opened on April 10, sometimes open for business, sometimes closed for rest, and it is not clear what their business hours are. By checking the information of its business license, it is found that legal consultation is clearly marked in the column of business scope (excluding business that requires a law firm practice license in accordance with the law).
The doors of the legal consulting firm's store are closed
"Win the case" and "win the case" are exaggerated promises
"In recent years, legal consulting companies have sprung up like mushrooms, and their nature is a company rather than a law firm, but they often advertise themselves as soliciting business in the name of lawyers and law firms, and exaggerate promises of 'winning the case' and 'winning the case', etc., to deceive many people to accept their services. Fu Jian, director of Henan Zejin Law Firm, said.
According to Quan Xing, a lawyer at Hubei Yuzhi Law Firm, at present, in addition to law firms and grassroots legal service workers, the mainland legal service market also includes legal consulting service companies, partnerships and individual industrial and commercial households, the latter of which are often referred to as "legal consulting service companies". Unlike law firms, legal consulting services companies generally do not have a team of lawyers, and cannot carry out litigation representation and defense business, but can only provide basic business such as legal consultation, drafting and reviewing law-related documents. According to reports, an application for the establishment of a legal consulting service institution should first be reviewed by the competent department for the establishment of the institution, and then an application should be made to the local judicial-administrative organ. The local judicial-administrative organs are to review and approve at each level, and then report to the provincial, autonomous region, or directly governed municipality department (bureau) for approval. The formal approval document shall be notified to the reporting unit and reported to the Ministry of Justice for the record. At the same time, within 30 days of the approval of the application, the legal consulting service institution shall, with the approval of the judicial-administrative organ, apply to the administrative organ for industry and commerce for registration in accordance with the relevant provisions on hierarchical registration management, and obtain the "Business License for Enterprise Legal Person".
"From a legal point of view, as a company, a consulting company cannot actually participate in the substantive trial of the case, and should be approved by the industrial and commercial department before it can carry out legal consulting business. Fu Jian said.
"According to the management requirements, to engage in lawyer litigation agency and legal document writing, you must have the practice qualification of a law firm or a grassroots legal service firm, if not, if the company is engaged in these businesses, we will investigate and deal with it in accordance with the law. The person in charge of the judicial office of the jurisdiction said.
Fu Jian reminded that as a consumer, you must not believe the 100% litigation and win-win promises made by legal consulting service institutions, and should pay attention to distinguishing between legal consulting companies and law firms. In addition, consumers should pay attention to whether the content of the contract signed with the legal consulting service provider is clear about the rights and obligations of both parties. If a dispute arises with a legal consulting service establishment, evidence shall be retained and promptly reported to the regulatory authorities.
"After that, we will also intensify market inspections, resolutely crack down on behaviors that disrupt market order, and put an end to unfair competition. At the same time, the person in charge of the Xujiapeng Market Supervision Institute reminded market players that opportunism is not advisable, and legal and compliant operations can go a long way.
(Source: Jimu News)
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