Lawyers' defense or agency statements in litigation are not subject to legal investigation except those that endanger the legitimate rights and interests of society and citizens. Article 5 Lawyers shall abide by laws and regulations, and abide by professional ethics and practice discipline.
Lawyers and law firms shall pay taxes according to law. Article 6 The judicial administrative organ of Shenzhen Municipal People's Government (hereinafter referred to as the municipal judicial administrative organ) is the competent authority for lawyers' work.
Shenzhen Lawyers Association (hereinafter referred to as Shenzhen Lawyers Association) is a self-regulatory organization that manages the lawyer industry.
The municipal judicial administrative organ shall guide and supervise the work of the Municipal Lawyers Association. Chapter II Qualification of Lawyers and Registration of Lawyers' Practice Article 7 A lawyer's qualification must pass the national lawyer qualification examination or assessment, which shall be examined by the municipal judicial administrative organ and submitted to the judicial administrative organ at a higher level for approval, and the approving organ shall issue a lawyer's qualification certificate. Article 8 The following persons shall apply for a lawyer's practice certificate when applying for lawyer's practice.
(1) Having obtained the qualification of lawyer, having practiced in a law firm for one year, and requiring to engage in lawyer work as a full-time lawyer;
(two) to obtain the qualification of a lawyer, and have more than one year's experience as a lawyer, and to engage in the work of a lawyer as a part-time lawyer;
(3) A retiree who has obtained the qualification of lawyer requests to engage in lawyer work as a specially invited lawyer.
Interns cannot practice independently as lawyers during their internship. Article 9 Residents of Hongkong, Macao and Taiwan Province who have obtained the lawyer qualification through the national lawyer qualification examination shall practice as lawyers in accordance with the relevant provisions of the state. Article 10 A person who applies for a lawyer's practice certificate shall apply to the Municipal Lawyers Association, which shall, within 20 days from the date of receiving the applicant's practice application, put forward an examination opinion and report it to the municipal judicial administrative organ for examination and approval.
The municipal judicial administrative organ shall, within twenty days from the date of receiving the examination opinions and application materials, make a decision on approval or disapproval. If it is approved, it shall be reported to the judicial administrative organ at a higher level for approval; If it is not approved, it shall explain the reasons in writing.
The municipal judicial administrative organ shall issue a notice of approval to the applicant after receiving the approval opinions of the superior judicial administrative organ and the lawyer's practice certificate issued by it. Eleventh the applicant shall, within fifteen days from the date of receiving the notice of approval to practice, obtain the lawyer's practice certificate from the municipal judicial administrative organ and apply for registration with the Municipal Lawyers Association. Twelfth applicants shall submit the following documents to the Municipal Lawyers Association:
(1) Application for login;
(two) the notice of approval of practice and the lawyer's practice certificate and their copies;
(3) Lawyer's qualification certificate;
(4) A copy of the resident identity card;
(5) Certificates required for full-time or part-time lawyer work;
(six) the relevant certificates of the law firm where the lawyer applying for practice is located. Thirteenth City Lawyers Association to conduct annual assessment and registration of practicing lawyers. When applying for annual examination and registration, a lawyer shall submit the following documents:
(a) the annual registration application;
(two) a copy of the resident identity card and lawyer's practice certificate;
(3) annual work summary;
(four) tax payment vouchers and payment of annual examination fees, registration fees and membership fees;
(five) documents required by the judicial administrative organ at a higher level.
If the above-mentioned documents are missing, they shall be corrected within 15 days from the date of application, otherwise they will not be examined and registered. Article 14 If a lawyer is unable to practice due to closure, dismissal, transfer from his post as a lawyer or other reasons, he shall cancel his login and return his lawyer's practice certificate to the Municipal Lawyers Association. Refuse to return, the city lawyers association will cancel the login. Fifteenth the registration, replacement and cancellation of the roster of lawyers shall be announced by the Municipal Lawyers Association in the designated newspapers and reported to the municipal judicial administrative organ for the record. Chapter III Lawyers' Practice Institutions Article 16 Law firms are lawyers' practice institutions and accept the management and supervision of the municipal judicial administrative organs and the municipal lawyers' association.
Law firms are divided into corporate law firms, partnership law firms and individual law firms.
Lawyers can only practice in one law firm. Article 17 From the date of approval, a law firm has the qualification of civil subject, enjoys civil rights independently and undertakes civil obligations. Article 18 The establishment of a legal person law firm shall meet the following conditions:
(a) there are more than three practicing lawyers who have been engaged in lawyer work for more than three years;
(2) Having a career establishment;
(3) Having its own name and a fixed workplace;
(4) Having a start-up capital of not less than 300,000 yuan.
The company law firm is liable for its debts with all its assets.