Sichuan Lawyers Association [2007] No.2
Notice on Forwarding all china lawyers association on Printing and Distributing the Application for Lawyer Practice
Notice of the Practice Management Rules for Medical Practitioners (for Trial Implementation)
City and state bar associations:
The notice of all china lawyers association Municipality on printing and distributing the Rules for the Administration of Lawyers' Practice (Trial) is hereby forwarded to you, please implement it conscientiously according to the requirements of the notice.
Sichuan province lawyers association
65438+2007122 October
Rules for the Administration of Lawyers' Practice (Trial)
Article 1 These Rules are formulated in accordance with the Lawyers Law of People's Republic of China (PRC) (hereinafter referred to as the Lawyers Law), the Measures for the Administration of Lawyers' Practice Certificates of the Ministry of Justice and the Articles of Association of all china lawyers association for the purpose of regulating the practice activities of lawyers who apply for it and ensuring the quality and order of their practice.
Article 2 These Rules are applicable to the management of the internship activities of persons (hereinafter referred to as interns) who have obtained legal professional qualification certificates or lawyer qualification certificates and go to law firms for the purpose of applying to become practicing lawyers.
Article 3 An intern shall meet the following conditions:
(a) support the constitution of People's Republic of China (PRC);
(2) Having full capacity for civil conduct;
(3) Good conduct;
(4) Having not been subjected to criminal punishment (except for negligent crimes);
(5) There is no record of being dismissed from public office or having his lawyer's practice certificate revoked.
Article 4 Where a law firm accepts an internship, it shall file with the judicial administrative organ at or above the municipal level of its domicile.
Under any of the following circumstances, the law firm shall not accept the internship of interns:
(a) there is no guidance lawyer who meets the prescribed conditions;
(2) Being punished for suspending business for rectification or being punished by the industry for less than six months;
(3) Being punished by suspending business for rectification, and the penalty period has not expired for more than one year.
Article 5 A person who meets the requirements stipulated in Article 3 of these Rules shall apply to a law firm for an internship, and may participate in the internship only after the consent of the law firm and the examination and registration of the local municipal lawyers association.
Practice is divided into two stages: centralized training and practical training. The internship period is one year.
Article 6 An internship applicant shall sign an internship agreement with the law firm that accepts the internship, stipulating the following matters:
(a) the name of the intern;
(two) the name and domicile of the law firm that accepts the internship;
(3) The name, practice certificate number and practice period of the guidance lawyer;
(4) The starting and ending dates of the internship to be arranged;
(five) the rights and obligations of the interns and the parties to the law firm that received the interns' internships and the liabilities for breach of contract;
(six) the arrangement of related expenses during the internship.
"Internship Agreement" shall come into effect as of the date when the Municipal Lawyers Association completes the examination and registration.
Article 7 To apply for internship registration, a law firm that intends to accept interns shall submit the following materials to the local municipal lawyers association:
(a) the internship application form filled out by the applicant;
(two) the internship agreement signed by the applicant and the law firm that intends to receive interns;
(3) A copy of the applicant's legal professional qualification certificate or lawyer qualification certificate and academic certificate;
(four) to apply for a copy of the identity card of the intern, and the non-internship household registration personnel shall submit a copy of the residence permit or temporary residence permit issued by the public security organ;
(5) The resignation certificate issued by the intern's unit, or the file keeping certificate issued by the talent exchange center and other original materials that prove that I can engage in the lawyer profession full-time;
(6) A certificate issued by the public security organ where the intern applies for household registration that he has not been subjected to criminal punishment;
(seven) recent one-inch bareheaded photos of interns;
(eight) a statement that the law firm to accept the internship of interns meets the conditions stipulated in these rules.
If a person who intends to engage in the lawyer profession part-time applies for internship, in addition to the relevant materials specified in the preceding paragraph, he shall also submit the certification materials issued by the law department and law research unit of the university where he works.
Article 8 The Municipal Lawyers Association shall, within 20 days from the date of receiving the application for registration, complete the examination of the conditions of applying for interns, guiding lawyers and law firms that intend to receive interns' internships. Those who meet the requirements stipulated in these Rules shall be registered, and a "Lawyer's Practice Certificate" shall be issued to the applicant; Do not meet the prescribed conditions, it shall notify the law firm and the applicant in writing to accept the internship, and inform the reasons.
If the law firm applying for internship or intending to accept internship is not satisfied with the decision of the Lawyers Association not to grant internship, it may apply for review to the lawyers association that made the decision or the lawyers association at the next higher level within 15 days from the date of receiving the written notice.
Article 9 Interns shall properly keep the Lawyer's Practice Certificate, and shall not lend, lease, mortgage, transfer, alter or intentionally damage it.
If the intern's "Application for Lawyer's Internship Certificate" is damaged or lost, the law firm that receives the intern's internship shall apply to the Practitioners' Association for renewal or replacement. To apply for a lawyer's internship certificate, the original certificate shall be returned.
Tenth centralized training organized by the provincial lawyers association or local lawyers association. The intensive training time shall not be less than one month.
The contents of centralized training include: socialist concept of rule of law, regulations on the management of lawyers' practice, lawyers' professional ethics and practice standards, lawyers' practical knowledge and skills, etc.
Local lawyers' associations may, according to local actual conditions, add some elective courses as elective courses for centralized training.
Eleventh centralized training plan shall be formulated by all china lawyers association. All china lawyers association is responsible for organizing the compilation or designation of centralized training materials.
The training content and other teaching materials that need to be added by the local lawyers association shall be reported to all china lawyers association for the record.
Article 12 Local lawyers' associations may organize centralized training on their own or in cooperation with training institutions of local judicial administrative organs or legal teaching and research institutions. The local lawyers association shall report the centralized training plan and annual implementation report to all china lawyers association for the record.
Training institutions established by local lawyers associations or in cooperation with other units shall be reported to all china lawyers association for the record.
All china lawyers association can organize demonstration centralized training, and the qualification certificate obtained by training has universal effect in the whole country.
Thirteenth to carry out centralized training, according to the needs of the training content, you can send relevant experts, scholars, judicial personnel and practicing lawyers as teaching teachers, but mainly practicing lawyers.
A practicing lawyer employed as a teaching teacher shall meet the following conditions:
(a) more than five years of practice, with rich experience;
(2) Having outstanding professional expertise in a certain field;
(3) Good conduct and no bad practice record;
(four) concerned about the development of the lawyer industry, enthusiastic about the cause of lawyer education;
(5) Having good language skills;
(six) other conditions stipulated by all china lawyers association.
The lecturers for centralized training shall be selected by the local lawyers association from qualified personnel in the local area or nationwide. All china lawyers association can recommend a list of candidates for teaching teachers to the local lawyers association.
Fourteenth at the end of the centralized training, the interns who participated in the training should be assessed. The examination can be conducted by combining written examination and interview, and the examination content is determined according to the centralized training plan. Specific assessment methods shall be formulated by the lawyers' associations of all provinces, autonomous regions and municipalities directly under the Central Government according to the actual situation in the region and reported to all china lawyers association for the record.
After passing the examination, the local lawyers association will issue a certificate of completion of intensive training for interns; Those who fail to pass the examination will be arranged by the local lawyers association to participate in the intensive training again, and the time required will not be included in the internship time.
Article 15 The internship training of interns shall be arranged by the law firm that receives interns' internships.
A law firm that accepts interns' internship shall, in accordance with the Guiding Principles for the Practice of Lawyers Applicants formulated by all china lawyers association, assign guidance lawyers to guide interns to conduct basic training in lawyer business, and provide necessary conditions and guarantees for interns' internship activities.
Article 16 An internship guidance lawyer shall meet the following conditions:
(1) Having more than five years' practice experience;
(2) Having high professional quality and professional level;
(3) Having high professional ethics and no bad practice record.
No more than two interns can be instructed by the guiding lawyer at the same time.
Seventeenth internship guidance lawyers' tasks and responsibilities are:
(1) Educating interns on lawyers' professional ethics and practice discipline;
(2) arranging interns to assist in handling lawyer business and guiding interns to carry out basic training in lawyer practice;
(three) to guide interns to understand and master the practice rules for handling various businesses of lawyers;
(four) to guide interns to understand and master the rules and regulations of lawyer practice management;
(five) to supervise the internship activities of interns, and regularly record and evaluate them;
(six) supervision and inspection of interns to abide by the law and conduct.
A law firm shall supervise and guide lawyers to perform their duties, correct problems in time when found, and stop their practice guidance if the circumstances are serious.
Article 18 During the internship, interns shall abide by the professional ethics and practice discipline of lawyers and shall not commit any of the following acts:
(a) to undertake the lawyer business alone;
(2) signing an agency agreement or a legal consultant agreement as a lawyer and issuing legal documents to the outside world;
(3) Defending or representing opinions in a court or arbitration tribunal in the name of a lawyer;
(4) Printing business cards and other relevant materials in the name of lawyers;
(5) Negotiating and signing business in the name of a lawyer;
(six) do not obey the supervision and management of law firms and guidance lawyers;
(7) Interrupting internship activities without authorization;
(8) Lending, leasing, mortgaging, transferring, altering or intentionally damaging the lawyer's practice certificate;
(nine) other acts that damage the professional image of lawyers.
Nineteenth law firms and guidance lawyers who accept interns should strengthen the management of interns. Interns who commit acts prohibited by these rules or other illegal acts shall be criticized and educated; If the circumstances are serious, the internship relationship can be terminated and reported to the local municipal lawyers association.
Article 20 If an intern terminates the internship agreement without justifiable reasons, or the internship relationship is terminated by a law firm for violating the internship agreement, the law firm that receives his internship shall report to the local municipal lawyers association, and the lawyers association shall confiscate his Lawyer's Practice Certificate, and the internship that has been carried out shall be invalid.
Article 21 If an intern interrupts his internship due to the failure of a law firm to fulfill the internship agreement, he may apply to transfer to another law firm for internship within 30 days, and the internship has been effective.
Article 22 After the internship expires, the law firm that accepts the internship shall submit the following materials to the local municipal lawyers association:
Internship summary written by interns;
(two) the evaluation opinions issued by the guidance lawyer on the intern's moral performance and practice ability;
(3) Practice appraisal certificate issued by the law firm;
(4) Certificate of completion of intensive training for interns issued by the Lawyers Association;
(5) Application for lawyer's practice certificate.
Article 23 After the internship expires, the local lawyers' association shall examine the materials submitted by the law firm in accordance with the provisions of Article 22 of these Rules, and assess the interns' mastery of lawyers' professional ethics, basic skills of lawyers' practice, management system of lawyers' practice and moral performance.
Specific assessment methods shall be formulated by the lawyers associations of provinces, autonomous regions and municipalities directly under the Central Government and reported to all china lawyers association for the record.
Twenty-fourth interns who have passed the examination, the lawyers association shall sign the examination opinions on the "Intern Registration Form", which shall be used as the effective certification document for interns to apply for lawyer's practice license.
Twenty-fifth lawyers' associations that organize the assessment of interns shall announce the assessment results to the public within seven days after the assessment. After the assessment results are publicized, the Lawyers Association shall summarize and identify the opinions or reports received, and conduct investigation and verification when necessary. After investigation and verification, there is evidence to prove that the interns who have passed the examination do not meet the conditions stipulated in these rules, and their signed opinions on passing the examination shall be revoked and reported to the judicial administrative organ.
Twenty-sixth personnel who have passed the internship examination shall apply to the judicial administrative organ for practicing as a lawyer within three years from the date of receiving the notice of passing the examination. The application for more than three years shall be reviewed by the local municipal lawyers association in accordance with the provisions of Articles 23 and 25 of these Rules.
Twenty-seventh interns who violate the "Lawyers Law" and lawyers' professional ethics and practice discipline or violate the provisions of Article 18 of these Rules shall be given a warning by the local municipal lawyers association; If the circumstances are serious, it shall be ordered to stop the internship and withdraw the Lawyer's Practice Certificate.
Those who have been ordered to stop the internship will be invalid and may not apply for the internship again within two years.
Article 28 Where a law firm or guidance lawyer who accepts interns' internships instigates or lets interns violate the provisions of Article 18 of these Rules, or issues false "Internship Appraisal" or evaluation opinions to interns, the local municipal lawyers association shall give corresponding disciplinary sanctions in accordance with the provisions, or hand them over to the judicial administrative organ for handling.
If an intern passes the examination of the Lawyers' Association with a false "Internship Appraisal Certificate", evaluation opinions or other improper means, the internship that the intern has already conducted is invalid after verification, and he may not apply for an internship again within two years.
Under any of the circumstances specified in the preceding two paragraphs, the local lawyers association shall revoke the examination opinions signed by the interns and report them to the judicial administrative organ.
Article 29 The listed lawyers' association at the prefecture level where the internship is located shall establish and improve the file management system of interns, and report the relevant information of interns to the lawyers' associations of provinces, autonomous regions and municipalities directly under the Central Government for the record, so as to prepare for relevant verification.
Thirtieth according to the provisions of these rules shall be borne by the municipal lawyers association management and supervision work, in places where the municipal lawyers association has not yet been established or where there are other special circumstances, can be borne by the provincial lawyers association.
Lawyers' associations shall accept the guidance and supervision of judicial administrative organs on the management of interns' internship activities.
Article 31 The Application Form for Lawyer's Practice Certificate shall be uniformly printed by all china lawyers association.
The forms of intern registration form, internship application form, internship agreement, internship appraisal certificate and centralized internship training certificate shall be formulated by all china lawyers association.
Article 32 The Standing Council of all china lawyers association shall be responsible for the interpretation of these Rules.
Article 33 These Rules shall come into force as of March 6, 2007. If the relevant provisions issued by all china lawyers association before the implementation of these rules are inconsistent with these rules, these rules shall prevail.
At the same time, according to Item 4 of Article 1 of the Notice of Sichuan Lawyers Association on Matters Related to Lawyers' Application for Internship Filing (Sichuan Lawyers Association No.200823), a law firm that accepts interns' applications shall submit the following materials to the local city and state lawyers association:
1, Sichuan lawyer registration form in triplicate;
2, "Sichuan province to apply for lawyer internship application form" in triplicate;
3, "Sichuan province to apply for a lawyer internship agreement" in triplicate;
4, issued by the law firm "internship appraisal book" in triplicate;
5. Three copies of the intern's resident ID card, legal professional qualification certificate or lawyer qualification certificate and academic certificate;
6. When applying for internship, interns with foreign household registration should submit three copies of residence permit or temporary residence permit issued by the public security organ;
7. Three official approvals issued by the talent exchange center to agree to resign from the original position or one labor relationship termination agreement and personnel agency contract, proving that I can engage in the legal profession full-time;
8. The original certificate issued by the public security organ where the intern's household registration is located that he has not received criminal punishment;
9. Two recent one-inch bareheaded color photos of interns;
10. If a person who intends to work as a lawyer part-time applies for internship, he shall submit the relevant materials specified in the preceding paragraph, as well as a copy of the work permit issued by the law school (department) and legal research unit of the institution of higher learning to which he belongs, and the original certificate issued by the personnel department agreeing to his part-time internship.
If a copy of the above materials is needed, it shall be uniformly copied on A4 paper, and the original shall be checked by the law firm, and signed by the checker and stamped with the official seal of the law firm, indicating the words "The copy and the original are checked correctly". At the same time, the original must be submitted to the city and state lawyers association for verification.