What's the difference between the lawyer systems in Hong Kong and the Mainland?

Lawyers in Hong Kong generally refer to private lawyers with professional qualifications, who specialize in solving legal problems and handling legal cases or defending clients in court. Lawyers in China refer to professionals who use the qualifications granted by judicial administrative organs in a certain way, accept the entrustment of the parties or the designation of the people's courts, and use their own legal knowledge and skills to provide legal help to clients within the scope permitted by law and safeguard their legitimate rights and interests.

First of all, Hong Kong lawyers and mainland lawyers have different ways to qualify as lawyers. In Hong Kong, you must first pass the examination to obtain a law degree from the University of Hong Kong, and then study in the university for one year to obtain a "postgraduate diploma in law". Want to be a lawyer and practice in a law firm for two years; If you become a barrister, practice in a big law firm for one year, and apply to become a practicing lawyer or barrister after the expiration. All qualified lawyers must be examined and approved by the relevant professional bodies, and then apply to the Supreme Court of Hong Kong. The judges of the Supreme Court will recognize the applicants as lawyers or barristers with a simple ceremony, and then the relevant professional bodies will issue practice certificates. China implements a unified national examination system for lawyers' qualifications. With a bachelor's degree or above in law in an institution of higher learning or equivalent professional level, and passed the lawyer qualification examination, the judicial administrative department of the State Council shall grant the lawyer qualification. A person with a bachelor's degree or above in law in an institution of higher learning, engaged in legal research, teaching and other professional work, with a senior professional title or equivalent professional level, applies for practicing as a lawyer, and is granted lawyer qualification after being examined and approved by the judicial administrative department of the State Council in accordance with the prescribed conditions. After obtaining the qualification as a lawyer, you need to apply to the judicial administrative organ for a lawyer's practice certificate. You can only practice after obtaining a lawyer's practice certificate.

Secondly, the classification of Hong Kong lawyers is different from that of mainland lawyers. Lawyers in Hong Kong are divided into lawyers and barristers. Lawyers mostly deal with relevant legal documents and preparations before the trial, and sometimes appear in lower courts to represent clients. Barristers, on the other hand, handle public trials in court, especially cross-examination of witnesses and debates, and study the application and reasoning of laws. According to the different ways to obtain the qualification as a lawyer, lawyers in China can be divided into those who have passed the lawyer examination and those who have not passed the examination or examination. Lawyers are divided into full-time lawyers and part-time lawyers according to the singleness of their work. Lawyers are divided into first-class lawyers, second-class lawyers, third-class lawyers, fourth-class lawyers and assistant lawyers according to their positions and professional level. Lawyers can be divided into public lawyers, military lawyers and social lawyers according to their clients. According to the different business scope, lawyers are divided into securities lawyers and general business lawyers.

Third, lawyers charge different fees. In Hong Kong, in addition to the standards uniformly stipulated by the Law Society (such as the charging standards for extracting certain fees according to the subject matter, such as the sale and inheritance of real estate, etc.), other handling fees are negotiated by lawyers and clients, and the remuneration of barristers is determined by the transferred law firm and clients. In China, lawyers and criminal defense and appeals should be charged in proportion; The other is the negotiation fee for lawyers to serve as legal advisers, non-litigation business agents and consulting books. The standard of pro-rated charges is proposed by the Ministry of Justice and reported to the price department of the State Council for approval. The provincial administrative regions can formulate standards according to the situation and report them to the price department of the State Council for the record. In contrast, Chinese mainland's lawyer fee system is stricter than Hongkong's.