First of all, lawyers must pass the examination or evaluation and obtain a lawyer's qualification certificate. No lawyer qualification, but engaged in some legal affairs, can only be a lawyer, not a lawyer.
Second, a lawyer must have both a lawyer qualification certificate and a practicing certificate. If you only have a lawyer's qualification certificate and no lawyer's practice certificate, you can't call a lawyer.
Third, lawyers serve the whole society and have no specific target. Both natural persons and legal persons may entrust lawyers to represent legal affairs.
Fourth, lawyers must be entrusted by the parties or designated by the people's court to work within the scope of authorization and must not exceed their powers or abuse their rights.
Fifth, lawyers are legal workers. Lawyers can only protect the legitimate rights and interests of clients within the scope permitted by law, and their work within the scope permitted by law is protected by law, without interference from administrative units, clients and individuals.
Foreign lawyers usually wear wigs. Wigs have been fashionable since King Louis XIII of France, especially in the17th century, which is a symbol of social status. Lawyers in China enjoy the privilege of appearing in court in a lawyer's robe according to law.
Legal professionals entrusted by state organs, enterprises, organizations or individuals, or appointed by the court to assist in handling legal affairs or litigation on behalf of the parties.
Evolution and Status Quo Lawyers originated in ancient Rome. * * * The lawsuit against Rome (5 10 BC or 509-30 BC) must be conducted according to the notice and legal procedures of the consul or legal officer. Due to the increasing number and complexity of laws and notices, the parties need the assistance of people familiar with the law in litigation, especially in court debates. Therefore, from the end of the * * * system to the beginning of the imperial system (BC 1 the second half of the century), garrison troops appeared. By the end of the 5th century, defenders must study law and obtain qualification in a major city. They gradually formed an industry, formed their own professional groups and became full-time lawyers. During the feudal period, most countries abolished the ancient debate litigation and changed it to the inquisition, which made lawyers useless. Some countries, such as France in the early Middle Ages, retained the lawyer system, but it was mainly applicable to religious courts, and the position of lawyer was held by monks. Secular courts sometimes allow defense, but only monks can perform this function. After12nd century, French secular courts prohibited monks from acting as defenders, and they were replaced by professional lawyers who had received feudal legal education and were sworn in by lawyers, but their authority was greatly restricted or even invalid.
In the anti-feudal struggle of the lawyer system in western countries, the bourgeois enlightenment thinkers Locke, Voltaire (1694 ~ 1778) and Diderot (17 13 ~ 1784) proposed to replace inquisitorial litigation with debating litigation. J. Li Erben, the leader of British egalitarianism (about 16 14 ~ 1657) clearly argued in the book The Covenant of the People that the defendant should have the right to defend or ask others to help him defend. After the bourgeoisie seized power, it successively stipulated the lawyer system. Article 6 of the amendment to the US Constitution 1787 stipulates that the defendant has the right to be assisted by a lawyer in all criminal proceedings. The French Criminal Procedure Law 1808 system stipulates the principle of debate and the lawyer system. Later, lawyers regrouped, and the defense in court was monopolized by lawyers. Japan promulgated the "Spokesman Rules" in the early Meiji period, stipulating that a spokesman is a person who intervenes in other people's disputes, conducts litigation and negotiations. This is the earliest lawyer in Japan.
With the increasing complexity of legal relations, lawyers in capitalist countries have a wide range of business, such as representing civil affairs, defending criminal defendants, serving as legal advisers to organs, organizations and enterprises, making wills on behalf of the parties, handling property transfer, concluding contracts, setting up companies, handling legal affairs such as bank credit, social insurance and international trade. The division of labor of lawyers is becoming more and more specialized, and the classification is also diverse. For example, French lawyers are divided into defenders and agents. British lawyers are divided into junior lawyers (or lawyers who translate complaints) and senior lawyers (or lawyers who translate in court). Lawyers in capitalist countries are mostly in private practice, and they set up law firms alone or in partnership, charging high fees. Most of them form a bar association to safeguard their professional interests. Some countries also regard being a lawyer as a condition for being a judge and a prosecutor. In some countries, there are "public defenders", who are generally attached to the court and receive a fixed salary to defend defendants who are unable or unwilling to hire lawyers. In Japan, the defendant who is unable to hire a lawyer is appointed by the court to defend him, and is called "national defender". Some countries have set up a legal subsidy system, and the court will give some subsidies to the parties with insufficient financial resources according to the situation, so that they can hire lawyers. In addition, in some countries, there are volunteer lawyers funded by lawyers' organizations or charitable organizations, who meet detainees in detention centers in turn, provide them with legal advice, and help them contact lawyers and file applications.