作　　者： ;

机构地区： 深圳大学法学院

出　　处： 《中国政法大学学报》 2019年第1期70-80,207,共12页

摘　　要： 我国律师队伍正不断壮大,在深化司法体制综合配套改革的背景下,律师行业中的相关制度也应当完善。目前我国的律师工作底稿规则主要在证券法律服务中为法定要式,在诉讼服务以及其他非诉服务中并非强制性要求,适用范围十分狭窄,未在法律服务领域中发挥其应有的价值。近年来随着监管力度的加强,对律师事务所等中介服务机构的行政处罚屡屡曝出,不断凸显出律师工作底稿规则在运用中的不规范性。律师工作底稿作为律师提供法律服务过程中形成、搜集、制作的相关材料,能够反映律师工作内容和服务方式,是律师勤勉尽责的可视化体现,不仅有助于促进律师服务的专业化、规范律师执业行为,同时也有助于防范律师执业风险。在现有审计行业工作底稿经验及证券律师工作底稿经验的基础上,在律师行业中全面推行律师工作底稿规则是具有可行性的。在完善我国律师工作底稿规则的过程中,可以参考审计行业工作底稿经验,扩大律师工作底稿规则的应用范围。目前诉讼律师工作底稿规则并未建立,设计诉讼律师工作底稿的规范文本、制作流程和配套制度,对于司法改革也是具有深远意义的。随着互联网科技的兴起和发展,也带来了法律大数据时代的格局变化,利用新兴科技推动律师行业发展,深入研究互联网数据模式,推动律师工作底稿规则的电子化发展,是大势所趋。 The rank of lawyers in China is constantly growing. As the comprehensive reform of the judicial system is deepening, the relevant systems in the lawyer industry should also be improved. At present, rules of lawyer work draft in China are mainly taken as statutory requirements in legal services for securities. They are not mandatory in litigation services and other non-litigation services. The application scope of those rules is very narrow and does not play a due role in legal services. In recent years, with the strengthening of supervision and the administrative punishment of intermediary service agencies such as law firms, the irregularity of lawyer's work draft rules has been highlighted. As a related material of forming, collecting and producing in lawyer's legal services, lawyer work drafts are visual representations of the lawyer' s diligence, which can reflect lawyer' s work contents and service methods;they can not only promote the professionalization of lawyer services and regulates lawyers' practice, but also prevent lawyers from practicing risks. Based on the experience of the existing auditing work drafts and securities lawyer work drafts, it is feasible to fully implement the lawyer work draft rules in the lawyer industry. In the process of perfecting rules of lawyer work drafts in China, we can refer to the experience of auditing work papers and expand the application scope of the lawyer' s work draft rules. At present, i*ules for trial lawyers draft have not been established. The normative text, production process and supporting system for designing trial lawyers work drafts are also of farreaching significance for judicial reform. With the rise and development of Internet technology, changes of the pattern of law big data era have also arisen. It is the general trend to use emerging technologies to promote the development of the lawyer industry, to study the Internet data model in depth, and to promote the electronic development of lawyer work draft rules.

关 键 词： 律师职业 工作底稿 执业规范风险防范

领　　域： [政治法律—法学]