Lawyers should safeguard the legitimate rights and interests of the parties and correctly implement the law and social fairness and justice. Article 3 Lawyers must abide by the Constitution and laws, and strictly abide by lawyers' professional ethics and practice discipline.
Lawyers' practice must be based on facts and take the law as the criterion.
Lawyers' practice should be supervised by the state, society and the parties concerned.
Lawyers' legal practice is protected by law, and no organization or individual may infringe upon the legitimate rights and interests of lawyers. Article 4 The judicial administrative department shall supervise and guide lawyers, law firms and lawyers' associations in accordance with this Law. Chapter II Practice of Lawyers Article 5 To apply for practicing as a lawyer, the following conditions shall be met:
(a) support the constitution of People's Republic of China (PRC);
(2) Obtaining the legal professional qualification through the national unified legal professional qualification examination;
(3) Having worked as an intern in a law firm for one year;
(4) Good conduct.
The national unified judicial examination certificate and lawyer qualification certificate obtained before the implementation of the national unified legal professional qualification examination have the same effect as the national unified legal professional qualification certificate. Article 6 To apply for practicing as a lawyer, an application shall be submitted to the judicial administrative department of the people's government of a city divided into districts or a municipality directly under the Central Government, and the following materials shall be submitted:
(a) the national unified legal professional qualification certificate;
(two) the materials issued by the lawyers association that the applicant has passed the internship assessment;
(3) the identity certificate of the applicant;
(4) A certificate issued by a law firm agreeing to accept the applicant.
To apply for a part-time lawyer's practice, it shall also submit a certificate that the unit where it works agrees that the applicant is engaged in a part-time lawyer's profession.
The department accepting the application shall conduct a review within 20 days from the date of acceptance, and submit the review opinions and all application materials to the judicial administrative department of the people's government of the province, autonomous region or municipality directly under the Central Government. The judicial administrative departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall, within 10 days from the date of receiving the submitted materials, conduct an examination and make a decision on whether to approve the practice. If the practice is approved, the lawyer's practice certificate shall be issued to the applicant; If it is not allowed to practice, it shall explain the reasons in writing to the applicant. Article 7 An applicant shall not be issued a lawyer's practice certificate under any of the following circumstances:
(1) Having no or limited capacity for civil conduct;
(2) Having been subjected to criminal punishment, except for negligent crimes;
(3) Being expelled from public office or having his lawyer's or notary's practice certificate revoked. Article 8 Persons with bachelor degree or above in institutions of higher learning, who have been engaged in professional work in the field of legal service personnel in short supply for fifteen years, have senior professional titles or equivalent professional level, and have corresponding professional legal knowledge, apply for full-time lawyer practice, and are allowed to practice after passing the examination by the judicial administrative department of the State Council. Specific measures shall be formulated by the State Council. Article 9 Under any of the following circumstances, the judicial administrative department of the people's government of a province, autonomous region or municipality directly under the Central Government shall revoke the decision to grant practice and cancel the lawyer's practice certificate of the person who has been granted practice:
(a) the applicant obtains the lawyer's practice certificate by fraud, bribery or other improper means;
(2) granting practice to applicants who do not meet the requirements prescribed in this Law. Article 10 A lawyer can only practice in one law firm. A lawyer who changes his practice institution shall apply for a new lawyer's practice certificate.
Lawyers' practice is not restricted by region. Article 11 A civil servant shall not concurrently serve as a practicing lawyer.
Lawyers who are members of the Standing Committees of people's congresses at all levels shall not engage in litigation agency or defense business during their term of office. Article 12 Personnel engaged in legal education and research in institutions of higher learning and scientific research who meet the requirements specified in Article 5 of this Law may, with the consent of their units, apply for part-time lawyer practice according to the procedures specified in Article 6 of this Law. Thirteenth people who have not obtained the lawyer's practice certificate shall not engage in legal services in the name of lawyers; Unless otherwise provided by law, they shall not engage in litigation agency or defense business. Chapter III Law Firm Article 14 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. Article 15 The establishment of a partnership law firm shall not only meet the requirements stipulated in Article 14 of this Law, but also have three or more partners, and the promoters shall be lawyers with more than three years' practice experience.
A partnership law firm may be established in the form of general partnership or special general partnership. The partners of a partnership law firm shall be liable for the debts of the law firm in the form of partnership.