Chapter 2 Lawyer Practice License
Article 5 To apply for lawyer practice, one must meet the following conditions:
(1) Support China Constitution of the People's Republic of China;
(2) Pass the National Unified Judicial Examination;
(3) Intern in a law firm for one year;
(4) Conduct good.
The lawyer qualification certificate obtained before the implementation of the National Unified Judicial Examination has the same effect as the National Unified Judicial Examination certificate when applying for lawyer practice.
Article 6 To apply to practice as a lawyer, an application should be made 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 should be submitted:
(1) National Unified Judicial Examination Certificate of qualification;
(2) Materials issued by the Bar Association indicating that the applicant has passed the internship assessment;
(3) Proof of identity of the applicant;
(4) ) A certificate issued by a law firm that agrees to accept the applicant.
If you apply to practice part-time as a lawyer, you must also submit proof that your employer agrees to the applicant's part-time lawyer occupation.
The department accepting the application shall conduct an examination within 20 days from the date of acceptance, and submit the examination 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 department of the people's government of the province, autonomous region, or municipality directly under the Central Government shall review the submitted materials within ten days from the date of receipt and make a decision on whether to allow practice. If the applicant is allowed to practice law, a lawyer's practicing certificate shall be issued to the applicant; if the applicant is not allowed to practice law, the applicant shall be given a written explanation of the reasons.
Article 7 If the applicant has any of the following circumstances, a lawyer's practicing certificate will not be issued:
(1) No capacity for civil conduct or limited capacity for civil conduct;
(2) Those who have been criminally punished, except for negligent crimes;
(3) Those who have been dismissed from public office or have their lawyer's practicing certificate revoked.
Article 8: Persons with a bachelor’s degree or above from a college, who have been engaged in professional work for fifteen years in a field that is in short supply of legal service personnel, who have a senior professional title or equivalent professional level, and who have corresponding professional legal knowledge, can apply for full-time lawyers. To practice law, those who have passed the assessment of the judicial administration department of the State Council will be allowed to practice law. Specific measures shall be formulated by the State Council.
Article 9 If any of the following circumstances occurs, the judicial administrative department of the people's government of the province, autonomous region, or municipality directly under the Central Government shall revoke the decision to approve the practice and cancel the lawyer's practicing certificate of the person who is approved to practice:
< p>(1) The applicant obtains the lawyer's practicing certificate by fraud, bribery or other improper means;(2) Applicants who do not meet the conditions stipulated in this law are allowed to practice law.
Article 10 A lawyer may only practice in one law firm. If a lawyer changes his practice institution, he must apply for a new lawyer's practice certificate.
The practice of law is not subject to geographical restrictions.
Article 11 Civil servants shall not concurrently serve as practicing lawyers.
Lawyers who serve as 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 colleges and universities and scientific research institutions who meet the conditions stipulated in Article 5 of this Law may, with the consent of their units, be employed in accordance with the provisions of Article 6 of this Law Procedure to apply to practice as a part-time lawyer.
Article 13 Persons who have not obtained a lawyer's practicing certificate shall not engage in legal services in the name of a lawyer; unless otherwise provided by law, they shall not engage in litigation agency or defense business.