Nature: Lawyers are professionals who provide legal services to the society. They usually work in law firms, accept entrustment or designation, and provide legal services such as litigation representation or defense business for the parties. Legal advisers usually refer to those lawyers who have passed the judicial examination and hold qualification certificates. They can work in law firms or be employed as full-time legal advisers of enterprises.
Role: lawyers mainly represent individuals or institutions in legal proceedings or consultations, and need to know the specific circumstances of the case and provide professional legal advice and services to the parties; Legal advisers mainly provide legal services for enterprises or units, helping enterprises to formulate rules and regulations, review contracts and handle disputes.
Qualification requirements: lawyers must pass the national "legal professional qualification examination" to obtain qualifications; Legal advisers may not be qualified as lawyers, but they must be hired externally, which is completely independent of the establishment of the employing unit.
Job description: A lawyer's job description includes handling litigation cases and arbitration cases, including civil litigation, administrative litigation and criminal litigation. The work of legal counsel focuses on prevention, mainly providing legal advice and risk assessment for companies or organizations, and reducing the legal risks of companies or organizations.
Professional nature and working relationship: lawyers are independent professions, operate independently and are responsible for their own profits and losses; Legal advisers are usually employees or internal consultants of enterprises or institutions. They need to abide by the rules and regulations of enterprises and serve the interests of enterprises.
Generally speaking, lawyers mainly provide litigation legal services, and legal consultants provide preventive legal services for enterprises or individuals.
Legal basis:
People's Republic of China (PRC) Lawyers Law
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.