A law firm is a working organization for lawyers to perform their duties. At present, there are law firms belonging to state institutions and cooperative law firms run by individual lawyers. The former has the same nature as the legal advisory office, but the name is different. The latter emerged in the reform and opening up, and it is self-financing and independent accounting. There is no difference in the content of legal services they are engaged in.
Article 14 of the Lawyers Law stipulates that a law firm is a lawyer's practice institution. The establishment of a law firm shall meet the following conditions:
(1) Having its own name, domicile and articles of association;
(2) Having lawyers who meet the requirements of this Law;
(3) The promoter shall be a lawyer who has a certain practice experience and has not been punished for stopping practicing within three years;
(4) Having assets that meet the requirements of the judicial administrative department of the State Council.
After the implementation of the newly revised Lawyers Law on August 1 2006, China's law firms have two organizational forms: partnership law firms and individual law firms.
When you encounter a legal problem, you can ask a lawyer for help. In China, a lawyer service organization is called a law firm, which is an organization where China lawyers provide legal services to the society.
Question 2: What is a law firm? According to the national industry classification standards, law firms belong to leasing and business services (big category), 72 business services (middle category) and 722 legal services (small category).
Industry classification standard
Leasing and business services
72 Business service industry
722 Legal service: refers to lawyer, notary, arbitration, mediation and other activities.
A lawyer refers to a practitioner who has obtained a lawyer's qualification certificate in accordance with the relevant laws and regulations, obtained a lawyer's professional certificate with the approval of the judicial administrative organ, and engaged in lawyer business in a law firm. A law firm is a working organization for lawyers to carry out business.
Law firm is the basis for lawyers to perform their duties. At present, there are law firms belonging to state institutions and cooperative law firms run by individual lawyers. The former has the same nature as the legal advisory office, but the name is different. The latter emerged in the reform and opening up, and it is self-financing and independent accounting. There is no difference in the content of legal services they are engaged in.
Article 14 of the Lawyers Law stipulates that a law firm is a lawyer's practice institution. The establishment of a law firm shall meet the following conditions:
(1) Having its own name, domicile and articles of association;
(2) Having lawyers who meet the requirements of this Law;
(3) The promoter shall be a lawyer who has a certain practice experience and has not been punished for stopping practicing within three years;
(4) Having assets that meet the requirements of the judicial administrative department of the State Council.
After the implementation of the newly revised Lawyers Law on August 1 2006, China's law firms have two organizational forms: partnership law firms and individual law firms.
When you encounter a legal problem, you can ask a lawyer for help. In China, a lawyer service organization is called a law firm, which is an organization where China lawyers provide legal services to the society.
Question 3: According to the national industry classification standard, which industries do law firms and legal services belong to? According to the national standards of industry classification, law firms and legal services belong to leasing and business services (big category), 72 business services (middle category) and 722 legal services (small category).
Industry classification standard
Leasing and business services
72 Fa business service industry
722 Legal service: refers to lawyer, notary, arbitration, mediation and other activities.
Question 4: What industry does a law firm belong to? Service industry? Still consulting? The paid legal service industry is generally defined as an intermediary organization, a non-state organ or institution, and an independent entity responsible for its own profits and losses. However, the work of its lawyers is quite special, involving professional legal affairs, often dealing with the public security law, and different from the general service industry. Legal advice is only a small part of its services.
The provisions of the Lawyers Law are attached for reference:
Article 2 The term "lawyer" as mentioned in this Law refers to a practitioner who has obtained a lawyer's practice certificate according to law, accepted entrustment or assignment, and provided legal services to clients.
Article 14 A law firm is a lawyer's practice institution.
Article 28 A lawyer may engage in the following businesses:
(a) to accept the entrustment of natural persons, legal persons or other organizations as legal advisers;
(two) to accept the entrustment of the parties in civil cases and administrative cases, to act as agents and to participate in litigation;
(3) Accepting the entrustment of criminal suspects in criminal cases, providing them with legal advice, representing appeals and accusations, applying for bail for arrested criminal suspects, accepting the entrustment of criminal suspects and defendants or the designation of people's courts, acting as defenders, accepting the entrustment of private prosecutors in private prosecution cases, victims in public prosecution cases or their close relatives, and representing them in litigation;
(four) to accept the entrustment and represent the complaints of various litigation cases;
(five) to accept the entrustment and participate in mediation and arbitration activities;
(6) Accepting entrustment to provide non-litigation legal services;
(seven) to answer questions about the law and write litigation documents and other documents related to legal affairs.
Question 5: What is a lawyer? Because we live in a society with laws, the state requires people to abide by the laws. If they don't, they may face disputes or be held accountable by the state. Because the law is too complicated, because of the social division of labor, it is impossible for everyone to study law. In this way, some people who specialize in law, including lawyers, help people who are not familiar with the law to provide legal services. The state recognizes a lawyer as a person who provides legal services to others through certain mechanisms, such as the judicial examination method and lawyer's license.
According to the provisions of the Lawyers Law, a lawyer refers to a professional who has obtained a lawyer's practice certificate according to law and provides legal services to the society.
The view that lawyers are loopholes in the law is one-sided. Many lawyers practice according to the law and help their clients abide by the law. For example, lawyers, as legal advisers of enterprises, will point out the illegal places of enterprises and provide legal opinions. For example, the court convicted the criminal suspect wrongly, and the lawyer pointed it out and corrected it. This is not a loophole in the law, but also plays a role in supervising the correct implementation of the law. Because lawyers are familiar with the law, they often find some illegal phenomena in society and urge the country to change through certain channels, which is conducive to the construction of the rule of law in the country.
Because lawyers are a profession, making money is one of the goals of lawyers. Making money has become a threshold for the poor, but it has nothing to do with lawyers. It is up to the state to consider how to help the poor, such as establishing a legal aid system and so on. In fact, there are also many lawyers who often provide free or reduced fees for people with financial difficulties.
There is nothing wrong with lawyers defending people who know they are guilty, because the law stipulates that criminal suspects have the right to have lawyers to defend them, unless the law stipulates that defendants cannot have lawyers, which is impossible. Since the law stipulates that lawyers' defense is legal, lawyers' participation can make defendants treated more fairly and objectively, in fact, in order to correctly implement the law, including some procedural provisions. It is conceivable that if the crime is tried in secret and lawyers are not allowed to defend it, the result will be terrible, because anyone may get unfair treatment.
Question 6: What kind of general partnership does the law firm belong to?
Question 7: What are the professional responsibilities of lawyers? What concepts do lawyers' professional responsibilities include? Lawyer's professional ethics refers to the moral standards that lawyers should follow when performing their duties.
Applicable object of lawyer's professional ethics. Article 2 of the Code of Professional Ethics and Practice Discipline for Lawyers stipulates: "Lawyers shall abide by this Code in their practice activities." Article 46 stipulates: "trainee lawyers and paralegals shall refer to these standards." Therefore, the applicable objects of lawyers' professional ethics include lawyers and interns and paralegals who assist lawyers in their business activities in law firms.
3. The content of lawyers' professional ethics, including the basic principles of lawyers' professional ethics and the rules of lawyers' practice discipline. The two are complementary. The professional ethics of lawyers in China has the following characteristics:
1. Occupancy.
The application object of lawyer's professional ethics is specific, which regulates the practice activities of lawyers and their assistants, so its professional ethics is distinctive.
2. Self-discipline.
Lawyer's professional ethics is a professional self-discipline norm formulated by the Lawyers Association, aiming at realizing the independence of the lawyer industry on the basis of industry self-management.
3. Realistic binding.
The realistic binding nature of lawyers' professional ethics means that lawyers will be punished after violating the provisions on lawyers' professional ethics.
4. Internal complementarity.
The so-called internal complementarity means that the basic principles of lawyers' professional ethics in China are general and principled, but they cover a wide range, while the practice discipline norms are clear and specific, but the scope is narrow. The combination of the two can complement each other. The professional ethics of lawyers in China includes 10. In these provisions, we should focus on two aspects:
Lawyer's duty of confidentiality.
Article 33 of the Lawyers Law stipulates: "A lawyer shall keep the state secrets and the business secrets of the parties he knows in his practice and shall not disclose the privacy of the parties." Article 8 of the Code of Professional Ethics and Practice Discipline of Lawyers stipulates: "Lawyers should strictly observe state secrets and keep the business secrets and personal privacy of their clients." According to the above provisions, the relevant rules on lawyers' professional secrets in China have the following characteristics in application:
(1) The scope of secrets that lawyers should keep includes state secrets, business secrets of parties and privacy of parties. A. The so-called state secrets, according to the provisions of Article 2 of the Law of People's Republic of China (PRC) on Guarding State Secrets, refer to "matters related to national security and interests that are determined according to legal procedures and only known to a certain range of people within a certain period of time". State secrets are classified into top secret, secret and secret. Among the above two provisions, the provisions of "Lawyers' Professional Ethics and Practice Discipline" belong to "state secrets", which is narrower than the provisions of the Lawyers Law. Theoretically, the provisions of the Lawyers Law with a wider scope should be adopted. B according to article 10 of People's Republic of China (PRC)'s anti-unfair competition law, the so-called business secrets refer to "technical information and business information that are not known to the public, can bring economic benefits to the obligee, and are practical and kept confidential by the obligee." C. The so-called privacy of the parties generally refers to personal life events related to the reputation of the parties that I don't want to disclose.
(2) The lawyer's duty of confidentiality has a follow-up. Article 39 of "Lawyers' Professional Ethics and Practice Discipline" stipulates: "After the termination of the principal-agent relationship, lawyers are still obligated to keep confidential the confidential information related to the entrusted matters. "This is because the confidentiality of related matters has not been eliminated because of the end of the principal-agent relationship. In order to ensure that the client can honestly and comprehensively disclose the relevant information of the case to the lawyer, the lawyer still has the obligation of confidentiality after the end of the principal-agent relationship.
Lawyer's legal aid obligation.
Article 10 of "Lawyers' Professional Ethics and Practice Discipline" stipulates: "Lawyers should consciously perform their legal aid obligations and provide legal help to the recipients. "Article 4 1 of the Lawyers Law stipulates:" Citizens who need the help of lawyers according to law in support, work-related injuries, criminal proceedings, claims for state compensation, and claims for pensions, but are unable to pay the lawyer's fees, can obtain legal help in accordance with state regulations. "According to relevant regulations, the objects of legal aid can be divided into general cases and special cases.
(1) Legal aid recipients in general cases
The purpose of establishing legal aid system is to guarantee citizens' equal right to legal aid and realize the legal principle of "everyone is equal before the law". As the object of legal aid system, it should be a citizen with China nationality. The general object of legal aid refers to China citizens who meet the following conditions:
(1) Having real financial difficulties, unable or unable to pay legal service fees. ......& gt& gt
Question 8: What does a lawyer do? Lawyers, like other legal professions, are indispensable to a country ruled by law. Its most basic duty is to safeguard the legitimate rights of customers. Of course, there are professional ethics and requirements that this profession should have.
Question 9: What kind of enterprise is a law firm? In China, units are traditionally divided into four categories: government agencies, enterprises, institutions and social organizations. Correspondingly, traditional legal theory also divides legal persons into four categories: organ legal persons, enterprise legal persons, institution legal persons and company legal persons. With the decoupling and restructuring of state-owned law firms, private law firms have become the mainstream of China's legal service industry. In recent years, social organizations engaged in non-profit social service activities organized by non-state-owned assets, such as private law firms, private schools, private hospitals and private stadiums, have emerged continuously and become an important part of the socialist market economic system. The CPC Central Committee and the State Council attached great importance to this new thing, especially formulated national policies and administrative regulations, and identified these social organizations with the nature of private institutions as private non-enterprise units, which essentially belong to the category of institutions, that is, private institutions. Judging from the essential characteristics of private law firms, private law firms should be private non-enterprise units. The Provisional Regulations on the Registration and Management of Private Non-enterprise Units stipulates that the so-called private non-enterprise units refer to social organizations engaged in non-profit social service activities organized by enterprises, institutions, social organizations and other social forces and individual citizens using non-state-owned assets. In other words, the fundamental attribute of private non-enterprise units is non-profit. As the main body in the market economy, private law firms do not engage in profit-making business activities, but only provide legal services to the society. Although they provide legal services for a fee, we can't come to the conclusion that private law firms are social and economic organizations for profit. A public institution refers to a unit or organization that engages in public welfare undertakings such as culture, education, health, sports, law and news for the purpose of social public welfare undertakings. Institutions include institutions and private non-enterprise units. Public institutions and private non-enterprise units are the same in nature and establishment procedures except for slightly different sources of funds, which belong to the scope of public institutions. Private law firms are a form of public institutions. According to the relevant provisions of the Labor Law, private law firms are qualified as employers in lawyers' labor relations. China's Labor Law, promulgated on June 1 99565438+1October1,updated the traditional four-part theory of legal person, that is, the institution was innovated into a "public institution", which solved the problems of legal person classification and characterization of private non-enterprise units, that is, the Labor Law classified public institutions and private non-enterprise units as social institutions, regardless of their differences. Because the theoretical research on private non-enterprise units is relatively backward, no one has ever put forward the theory of innovating the legal person type of public institutions into "the legal person type of public institutions" To sum up, law firms, whether state-owned, partnership, cooperation or other forms, should belong to public institutions. Judging from the current operation of law firms in the market, most of them are self-supporting.
Hope to adopt
Question 10: What is the nature of a law firm? Are they private enterprises? Generally, it is a special partnership, and now there are also corporate law firms.