1. A lawyer refers to a practitioner who has obtained a lawyer's practice certificate according to law, accepts entrustment or assignment, and provides legal services to clients.
2. The nature of lawyers is to provide legal services to the society as professional legal service workers.
First, are lawyers civil servants?
A practicing lawyer is not a national civil servant. Public lawyers belong to civil servants.
A real lawyer is an intern in a regular law firm and becomes a regular employee after passing the judicial examination. Lawyers in law firms who fail the judicial examination are generally called "legal workers".
Lawyers are divided into public lawyers and practicing lawyers. Public lawyers are national civil servants, and practicing lawyers are practitioners who provide legal services to the society; The business scope of public lawyers is limited to providing legal services to government departments, and the business scope of practicing lawyers is wider than that of public lawyers; According to state regulations, public lawyers are government lawyers established by the state administrative department, and their salaries are paid by the government, which belongs to the sequence of national civil servants. Therefore, public lawyers are different from lawyers in the general sense. Public lawyers and lawyers are two different concepts.
The difference between public lawyers and lawyers is that lawyers can make money by learning legal interests, get more with more work and get less with less work. In contrast, public lawyers are not allowed to provide legal services to the society free of charge and can only receive "dead wages". Of course, because of the legal professional qualification certificate, the threshold of public lawyers is higher than that of ordinary civil servants, which means that public lawyers are more valued and may get relatively higher income. However, compared with lawyers, the income of public lawyers is still negligible. The income gap between public lawyers and lawyers can sometimes be as high as three to five times.
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 11 A civil servant shall not concurrently serve as a practicing lawyer. Lawyers who are members of the Standing Committees of people's congresses at all levels shall not engage in litigation agency or defense business during their term of office.