Article 2 of the "Lawyers Law of the People's Republic of China" stipulates that "lawyers" as used in this law refer to practitioners who have obtained lawyer practice certificates in accordance with the law and provide legal services to the society. Before practicing law, lawyers must obtain lawyer qualifications in accordance with legal conditions and procedures, obtain a lawyer's practicing certificate, and enjoy the rights and obligations of lawyers in accordance with the law.
Persons with lawyer qualifications can temporarily stop practicing law and retain their lawyer qualifications. This practice is known as the separation of bar qualifications and practice of law. To obtain lawyer qualifications, one must pass the National Unified Judicial Examination. Those who have a bachelor's degree or above in law from a college or university, or a bachelor's degree or above in other majors from a college and university and have professional legal knowledge, must pass the national judicial examination. If it is indeed difficult to apply for the above-mentioned academic qualifications, after review and confirmation by the judicial administrative department of the State Council, the academic qualifications can be relaxed to a law college degree within a certain period of time.
Personnel with a bachelor's degree or above in law from a university, engaged in legal research, teaching and other professional work, with a senior professional title or equivalent professional level, who apply to practice as a lawyer, shall be reviewed and approved by the judicial administration department of the State Council in accordance with the prescribed conditions and awarded the title of lawyer. qualifications. (1) Support the Constitution of the People's Republic of China; (2) Obtain lawyer qualifications; (3) Intern in a law firm for one year; (4) Have good conduct. A lawyer's practicing certificate will not be issued to anyone who has any of the following circumstances: (1) has no capacity for civil conduct or has limited capacity for civil conduct; (2) has been criminally punished, except for criminal negligence; (3) has been dismissed from public office or revoked Lawyer practicing certificate.
The practice of law is not subject to geographical restrictions. Applications for lawyer practicing certificates shall be reviewed and issued by the judicial administrative departments of the people's governments at or above the provincial, autonomous region, or municipality level.
A lawyer's practicing license must be registered once a year, and an unregistered lawyer's practicing license is invalid. The registration process is the responsibility of the judicial administrative agencies at or above the judicial department (bureau) of the province, autonomous region, or municipality directly under the Central Government. According to work needs, the justice departments (bureaus) of provinces, autonomous regions, and municipalities directly under the Central Government may also entrust the justice bureaus of prefectures, cities, and states to be responsible for the registration of lawyer practice licenses in their respective regions. A law firm is a practice organization for lawyers. A law firm must meet the following conditions: (1) Have its own name, address and articles of association; (2) Have assets of more than 100,000 yuan; (3) Have lawyers who meet legal requirements.
The "Lawyers Law of the People's Republic of China" stipulates three forms of law firms. Law firms established under different conditions adopt different operating mechanisms. At the same time, law firms in different forms bear different legal obligations, that is, civil liabilities. A state-funded law firm shall independently carry out legal business in accordance with the law and bear liability for its debts with all the assets of the law firm; a cooperative law firm shall bear liability for its debts with all its assets; in a partnership law firm, the partners shall bear liability for the law firm's debts. bear unlimited and joint liability for the debts.
Applications for the establishment of law firms shall be reviewed and approved by the judicial administrative departments of the people's governments at or above the provincial, autonomous region, or municipality level. A law firm may also set up a branch office, and the law firm shall be liable for the debts of the branch office it establishes.
When a lawyer handles business, the law firm shall accept the entrustment, sign a written entrustment contract with the client, collect fees from the parties in accordance with national regulations and record them truthfully. Law firms and lawyers should pay taxes in accordance with the law. 1. Right of investigation: According to the "Lawyers Law of the People's Republic of China", when a lawyer is handling legal affairs, with his or her consent, a lawyer may investigate the situation with relevant units or individuals.
2. Right to inspect case files: According to the provisions of the "Criminal Procedure Law of the People's Republic of China", from the date when the People's Procuratorate examines the prosecution case, defense lawyers can inspect, excerpt, and copy the litigation documents and technical appraisal materials of the case; The People's Court may review, excerpt, and copy the criminal facts alleged in the case from the date it accepts the case. According to the Lawyers Law of the People's Republic of China, lawyers participating in litigation activities may collect and review materials related to this case in accordance with the provisions of the Procedural Law.
3. The right to meet and communicate with persons whose personal freedom is restricted: According to the provisions of the Lawyers Law of the People's Republic of China, lawyers participating in litigation activities may communicate with persons whose personal freedom is restricted in accordance with the provisions of the Procedural Law. People meet and correspond.
4. Appear in court to participate in litigation: According to the "Lawyers Law of the People's Republic of China", lawyers may appear in court to participate in litigation in accordance with the provisions of the Procedural Law.
5. The right to refuse defense and representation: According to the "Lawyers Law of the People's Republic of China", after a lawyer accepts an entrustment, he shall not refuse to defend or represent him without justifiable reasons. However, if the entrusted matter is illegal, the client shall use the lawyer's information provided by the lawyer. If the client's services are engaged in illegal activities or the client conceals the facts, the lawyer has the right to refuse to defend or represent the client.
6. Lawyers’ personal rights are inviolable: According to the Lawyers Law of the People’s Republic of China, lawyers’ personal rights in their professional activities are inviolable.
7. Lawyers have the right to prosecute: Article 47 of the "Criminal Procedure Law of the People's Republic of China" stipulates that defense lawyers believe that the public security organs, people's procuratorates, people's courts and their staff are obstructed from exercising their litigation rights in accordance with the law. , have the right to complain or accuse. 1. Abide by the Constitution and laws, and abide by lawyers’ professional ethics and practice disciplines;
2. Never refuse defense or representation without reason: According to the "Lawyers Law of the People's Republic of China", after a lawyer accepts a commission, he or she shall refuse to defend or represent someone without justifiable reasons. , defense or representation shall not be denied.
3. Providing legal aid: Citizens who need lawyer help in aspects such as support, work-related injuries, criminal proceedings, requesting state compensation and requesting pension payment in accordance with the law, but cannot afford lawyer fees, can obtain legal assistance in accordance with national regulations. assistance. Lawyers must assume legal aid obligations in accordance with national regulations, perform their duties and provide legal services to aid recipients.
4. Keeping secrets: According to the "Lawyers Law of the People's Republic of China", lawyers should keep state secrets and client's business secrets learned in the course of professional activities, and shall not disclose the client's privacy.
5. Not undertaking specific cases: According to the "Lawyers Law of the People's Republic of China", lawyers are not allowed to serve as agents for both parties in the same case. Lawyers who have served as judges or prosecutors shall not serve as litigation agents or defenders within two years after leaving the People's Court or People's Procuratorate.
6. Not to accept entrustment privately: According to the "Lawyers Law of the People's Republic of China", lawyers are not allowed to accept entrustment privately, they are not allowed to charge fees from clients, and they are not allowed to accept property from clients without permission.
7. Do not use the convenience of legal services to seek the interests of the parties in dispute or accept property from the other party.
8. Meet with judges, prosecutors, and arbitrators without violating regulations.
9. Judges, prosecutors, arbitrators and other relevant staff shall not be treated as gifts or bribes, and parties shall not be instigated or induced to pay bribes.
10. Shall not hinder testimony: The "Lawyers Law of the People's Republic of China" stipulates that lawyers shall not provide false evidence, conceal facts, or threaten or induce others to provide false evidence, conceal facts, or prevent the other party from obtaining evidence in accordance with the law.
11. Do not disrupt the order of courts and arbitral tribunals or interfere with the normal conduct of litigation and arbitration activities. If a lawyer violates the law, the judicial administrative department may, depending on the circumstances, give a warning, stop practicing, confiscate illegal gains, and revoke the lawyer's practicing certificate; if a crime is constituted, criminal liability shall be pursued in accordance with the law.
If a law firm violates the law, it may be ordered to make corrections, illegal gains confiscated, fined, ordered to suspend business for rectification, or its practicing certificate revoked.
If a lawyer practices illegally or causes losses to a client due to his fault, his law firm shall be liable for compensation. After the law firm compensates, it can seek compensation from the lawyer who committed intentional or gross negligence. Lawyers and law firms may not exempt or limit civil liability for losses caused to clients due to illegal practice or mistakes.