Hangzhou lawyer's practice cancellation materials

Legal analysis: If a lawyer has the following circumstances, the law firm shall apply for cancellation of his lawyer's practice certificate:

1, I am dead or no longer a person with full capacity for civil conduct;

2. Apply for cancellation because he is no longer engaged in lawyer practice;

3, because of the termination of the employment contract with the local law firm or revoked by the local law firm, not employed by other law firms within six months;

4, due to criminal punishment for negligent crime is serving a sentence or probation;

5. Lawyers terminate their practice for other reasons.

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.

Article 9 Under any of the following circumstances, the judicial administrative department of the people's government of a province, autonomous region or municipality directly under the Central Government shall revoke the decision to grant practice and cancel the lawyer's practice certificate of the person who has been granted practice:

(a) the applicant obtains the lawyer's practice certificate by fraud, bribery or other improper means;

(2) granting practice to applicants who do not meet the requirements prescribed in this Law.

Article 51 If a lawyer violates the provisions of this Law and should be warned and punished within one year after being warned or punished, the judicial administrative department of the district people's government at the municipal level with districts or municipalities directly under the Central Government shall give him a punishment of stopping practicing for more than three months and less than one year; If the punishment for stopping practicing occurs again within two years after the expiration of the period, the judicial administrative department of the people's government of a province, autonomous region or municipality directly under the Central Government shall revoke the lawyer's practice certificate.

If a law firm violates the provisions of this Law and should be punished by suspending business for rectification, the judicial administrative department of the people's government of a province, autonomous region or municipality directly under the Central Government shall revoke its practice certificate within two years after the expiration of the punishment period.

Measures for the administration of lawyers' practice

Article 9 A lawyer's practice certificate shall not be issued under any of the following circumstances:

(1) Having no or 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 practice certificate revoked.

Twenty-third lawyers in any of the following circumstances, by the original examination and issuing authority where the practice is located to recover and cancel their lawyer's practice certificate:

(1) Being punished by revoking the lawyer's practice certificate;

(2) The original decision to grant practice has been revoked according to law;

(three) because I no longer engage in the profession of lawyers and apply for cancellation;

(four) due to the termination of the employment contract with the law firm or the cancellation of the law firm, it has not been employed by another law firm within six months;

(5) termination of lawyer's practice for other reasons.

If a person whose lawyer's practice certificate has been cancelled due to the circumstances mentioned in Items (3), (4) and (5) of the preceding paragraph applies for practicing as a lawyer again, he shall apply for practicing as a lawyer in accordance with the procedures prescribed in these Measures.

A lawyer may not apply for cancellation of his practice certificate while being investigated by judicial organs, judicial administrative organs and lawyers' associations.