To resume practice after a lawyer's license has been cancelled, you need to apply to a law firm first and then go to the Lawyers Association for review. If passed, you can re-practice as a lawyer without re-practicing, but you will need to undergo pre-job training again and your practicing years will need to be re-calculated.
You need to apply to a law firm first, and then go to the Lawyers Association for review. If passed, you can practice law again. There is no need to re-intern, but pre-job training needs to be re-done, and the internship years need to be re-calculated. The Ministry of Justice’s reply on how to apply for a practicing license after a lawyer has ceased practicing law. Generally speaking, a lawyer's practicing license is not subject to annual inspection and is invalid if it is not registered. If you want to practice law again, the local municipal or state judicial bureaus need to be responsible for the annual review of the lawyer's practicing license.
The lawyer qualification certificate obtained before the implementation of the National Unified Judicial Examination has the same effect as the legal professional qualification certificate when applying for lawyer practice. Those who enjoy the relevant registration conditions and preferential measures for passing the National Unified Judicial Examination and obtain a legal professional qualification certificate shall apply in accordance with relevant regulations. Persons applying to practice law must participate in internship activities organized by the Lawyers Association in accordance with regulations and pass the assessment of the Lawyers Association.
Re-application as a lawyer in another place and change of assessment methods for practitioners
Article 6 When a lawyer practitioner re-applies for the examination, he shall submit the "Application Form for Re-application Examination for Lawyer Qualification" and relevant certificates , including the following contents:
(1) Basic information of the applicant;
(2) Practicing application;
(3) Lawyers’ affairs to be accepted Proof of consent to accept the applicant's practice;
(4) Copy of ID card;
(5) Original lawyer's practicing certificate or other documents that can prove the applicant's lawyer identity Copy of the personnel file;
(6) Personnel file relationship certificate issued by an archives service agency with personnel file management service authority for mobile personnel within the administrative region of Beijing;
(7) Original Practice experience, reasons for terminating practice, and commitment to the authenticity of the statement;
(8) Summary of the applicant’s previous practice experience (not less than 3,000 words);
(9) A description of the applicant's ethical performance issued by the original law firm; (10) A letter of recommendation signed by two practicing lawyers from the proposed law firm (no less than 500 words);
(11) The applicant and the accepted law firm's commitment to meet the application conditions and the authenticity of the materials, as well as their approval of the applicant's re-application for practice; (12) No criminal record issued by the public security authority in the place of residence prove.
(13) If applying for a part-time job, in addition to the above materials, you should also submit a certificate issued by a higher education institution or a scientific research unit (a copy of the teacher qualification certificate or work permit) and the original certificate of consent to practice; in addition to the above materials, In addition, retirees registered in this city should also submit a retirement certificate or a retirement certificate issued by their employer;
(14) If the applicant is a resident of the Hong Kong or Macao Special Administrative Region, he or she should submit a Hong Kong or Macao certificate recognized by the mainland. Proof of identity and proof of not having been subject to criminal punishment notarized by a notary public; if the applicant is a resident of Taiwan Province, he or she must submit proof of identity notarized by a notary office of Taiwan Province and proof of not having been subject to criminal punishment;
(15th Five-Year Plan) )Other materials required by FSC.
Legal basis:
Measures for the Management of Lawyers' Practice
Article 23 If a lawyer has any of the following circumstances, the original assessment and certification authority in the place of practice shall Withdrawing and canceling the lawyer's practicing certificate:
(1) Being punished by revoking the lawyer's practicing certificate;
(2) The original decision to allow practice is revoked in accordance with the law;
(3) Applying for cancellation because he no longer engages in the legal profession;
(4) Due to the termination of the employment contract with the law firm or the cancellation of the law firm, he has not been employed by the law firm within six months Other law firms;
(5) Termination of law practice due to other reasons.
If a person whose lawyer's practicing certificate has been canceled due to the circumstances in Items (3), (4) and (5) of the preceding paragraph re-applies to practice law, he shall apply for a lawyer in accordance with the procedures stipulated in these Measures practice.
Lawyers shall not apply for cancellation of their practicing certificates while being investigated by judicial organs, judicial administrative organs and lawyers associations.
Article 6 of the "Measures for the Administration of Lawyers' Practice"
To apply to practice law, one must meet the following conditions:
(1) Support the Constitution of the People's Republic of China;
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(2) Pass the National Unified Judicial Examination and obtain the legal professional qualification certificate;
(3) Intern in a law firm for one year;
(4) Have good conduct .