1, the right to appear in court is different: barristers are litigation lawyers and trial lawyers, specializing in litigation. His right to appear in court is unrestricted, and barristers from the magistrate's court to the court of final appeal enjoy the right to appear in court. In fact, the accurate name of Dazu in Hong Kong is "barrister".
2. Different businesses: lawyers handle various legal businesses with a wide range of responsibilities, but their right to appear in court is greatly restricted. Lawyers can only appear in magistrates' courts, district courts and divisions of the Court of First Instance (that is, closed chambers).
When a barrister is unable to appear in court, he needs to entrust a barrister to appear in court, and a Hong Kong barrister must accept the entrustment through a barrister.
3. Legal affairs are different: lawyers mainly deal with daily legal affairs, such as property transfer, probate, marriage disputes, legal proceedings, and acting as legal advisers. Lawyers can also defend their clients in court, but they cannot speak in the Supreme Court.
4. Different clothes: barristers must wear wigs, and junior lawyers do not wear wigs. In addition, the robes of senior lawyers are different from those of junior lawyers.
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: (1) Supporting 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.
Article 6 To apply for practicing as a lawyer, an application shall be submitted to the judicial administrative department of the people's government at the municipal level or municipality directly under the Central Government, and the following materials shall be submitted: (1) National unified legal professional qualification certificate; (two) the materials issued by the lawyers association that the applicant has passed the internship assessment; (3) the identity certificate of the applicant; (4) A certificate issued by a law firm agreeing to accept the applicant. To apply for a part-time lawyer's practice, it shall also submit a certificate that the unit where it works agrees that the applicant is engaged in a part-time lawyer's profession. The department accepting the application shall conduct a review within 20 days from the date of acceptance, and submit the review 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 departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall, within 10 days from the date of receiving the submitted materials, conduct an examination and make a decision on whether to approve the practice. If the practice is approved, the lawyer's practice certificate shall be issued to the applicant; If it is not allowed to practice, it shall explain the reasons in writing to the applicant.
Article 7 An applicant shall not be issued a lawyer's practice certificate under any of the following circumstances: (1) He has no capacity for civil conduct or has limited capacity for civil conduct; (2) Having been subjected to criminal punishment, except for negligent crimes; (3) Being expelled from public office or having his lawyer's or notary's practice certificate revoked.
Article 8 Persons with bachelor degree or above in institutions of higher learning, who have been engaged in professional work in the field of legal service personnel in short supply for fifteen years, have senior professional titles or equivalent professional level, and have corresponding professional legal knowledge, apply for full-time lawyer practice, and are allowed to practice after passing the examination by the judicial administrative department of the State Council. Specific measures shall be formulated by the State Council.