Lawyers' practice must be based on facts and take the law as the criterion.
Lawyers' practice should be supervised by the state, society and the parties concerned.
Lawyers' practice according to law is protected by law. Article 4 The judicial administrative department of the State Council shall supervise and guide lawyers, law firms and lawyers' associations in accordance with this Law. Chapter II Conditions for Lawyers' Practice Article 5 To practice law, a lawyer shall obtain a lawyer's qualification and a practice certificate. Article 6 The State practices a unified national examination system for lawyers' qualifications. Personnel with bachelor's degree or above in law major in institutions of higher learning or with equivalent professional level, and those with bachelor's degree or above in other majors in institutions of higher learning, who have passed the lawyer qualification examination, shall be granted lawyer qualification by the judicial administrative department of the State Council.
Measures for the national unified examination of lawyer qualification shall be formulated by the judicial administrative department of the State Council. Article 7 A person who has a bachelor's degree in law in an institution of higher learning, is engaged in legal research, teaching and other professional work, and has a senior professional title or equivalent professional level, who applies for practicing as a lawyer, shall be granted the qualification of lawyer after being examined and approved by the judicial administrative department of the State Council according to the prescribed conditions. Article 8 Anyone who supports the Constitution of People's Republic of China (PRC) and meets the following conditions may apply for a lawyer's practice certificate:
(1) Having the qualification of a lawyer;
(2) Having worked as an intern in a law firm for one year;
(3) Good conduct. 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. Article 10 To apply for a lawyer's practice certificate, the following documents shall be submitted:
(1) an application;
(2) Lawyer's qualification certificate;
(three) the internship appraisal materials issued by the law firm where the applicant is located;
(4) A copy of the applicant's identity certificate. Article 11 An applicant who applies for a lawyer's practice certificate shall be issued a lawyer's practice certificate within 30 days from the date of receiving the application, if it meets the requirements stipulated in this Law upon examination by the judicial administrative department of the people's government at or above the provincial, autonomous region or municipality directly under the Central Government; Those who do not meet the requirements stipulated in this law shall not be issued with a lawyer's practice certificate, and shall notify the applicant in writing within 30 days from the date of receiving the application. Article 12 A lawyer shall practice in one law firm, and shall not practice in more than two law firms at the same time.
Lawyers' practice is not restricted by region. Article 13 The current functionaries of state organs shall not concurrently serve as practicing lawyers.
Lawyers are not allowed to practice law while serving as members of the Standing Committees of People's congresses at all levels. Article 14 A person who has not obtained a lawyer's practice certificate shall not practice in the name of a lawyer or engage in litigation agency or defense business for the purpose of seeking economic benefits. Chapter III Law Firm Article 15 A law firm is a lawyer's practice institution.
A law firm shall meet the following conditions:
(1) Having its own name, domicile and articles of association;
(2) Having assets of more than 100,000 yuan;
(3) Having lawyers who meet the requirements of this Law. Article 16 A state-funded law firm independently engages in lawyer business and is liable for its debts with all its assets. Article 17 A lawyer may establish a cooperative law firm and be liable for its debts with all the assets of the law firm. Article 18 A lawyer may establish a partnership law firm, and the partners shall bear unlimited liability and joint liability for the debts of the law firm. Article 19 An applicant who applies for the establishment of a law firm shall, after examination by the judicial administrative department of the people's government at or above the provincial, autonomous region or municipality directly under the Central Government, meet the requirements stipulated in this Law, and shall issue a practice certificate of the law firm within 30 days from the date of receiving the application; Those who do not meet the requirements stipulated in this Law shall not be issued with the practice certificate of law firm, and shall notify the applicant in writing within 30 days from the date of receiving the application. Article 20 A law firm may set up branches. The establishment of a branch office shall, in accordance with the prescribed conditions, be examined and approved by the judicial administrative department of the people's government of the province, autonomous region or municipality directly under the Central Government where the branch office is to be established.
Law firms are liable for the debts of their branches. Article 21 If a law firm changes its name, domicile, articles of association, partners and other major matters or is dissolved, it shall report to the original audit department. Article 22 A law firm shall, in accordance with its articles of association, organize lawyers to carry out professional work, study laws and state policies, and summarize and exchange work experience. Twenty-third lawyers to undertake business, the law firm should accept the entrustment, sign a written entrustment contract with the client, collect fees from the parties in accordance with state regulations and record them truthfully.
Law firms and lawyers shall pay taxes according to law.