Is a lawyer a lawyer?

Lawyers and legal workers are both employees in the legal service industry, but there are important differences between them, mainly reflected in:

1, the legal basis for employment is different. Lawyers carry out their business in accordance with the Lawyers Law of People's Republic of China (PRC), safeguard the legitimate rights and interests of the parties, and safeguard the correct implementation of the law. Legal workers are engaged in legal services in accordance with the Measures for the Administration of Grassroots Legal Service Offices issued by the Ministry of Justice. In other words, lawyers practice according to law and legal workers practice according to departmental rules.

2. The scope of legal services is different. China's criminal procedure law stipulates that lawyers can be entrusted as defenders. Therefore, there is no legal basis or departmental rules for lawyers to engage in criminal defense business. In other words, lawyers can engage in criminal defense, while legal workers do not have this right.

3. The conditions for obtaining professional qualifications are different. According to the Lawyers Law, a lawyer should obtain a lawyer's qualification and a lawyer's practice certificate. To qualify as a lawyer, you must pass the national unified judicial examination. With a bachelor's degree or above (our county law school can also), only those who pass the national judicial examination can obtain the qualification of lawyer. The qualification of legal worker requires high school or technical secondary school or above. Since 2000, the Ministry of Justice has organized a unified qualification examination.

4. Practice units are different. China's "Lawyers Law" stipulates that lawyers should practice in law firms, which are lawyers' practice institutions. After obtaining the qualification, legal service workers can apply for a practice license only after being employed by grassroots legal services.