A lawyer's practice certificate is a valid certificate to obtain a lawyer's practice certificate in accordance with the law and engage in practice activities (practitioners entrusted or designated to provide legal services for the parties), and it is a legal and valid certificate to prove the identity of a lawyer. A person who does not hold a lawyer's practice license may not engage in legal services in the name of a lawyer.
A lawyer's practice certificate is different from a lawyer's qualification certificate. A lawyer's qualification certificate is a necessary prerequisite for obtaining a lawyer's practice certificate, but if there is only a lawyer's qualification certificate without a lawyer's practice certificate, it is forbidden to engage in lawyer's practice activities.
The lawyer's practice certificate shall be issued by the provincial judicial administrative organ after the qualification and other requirements of the applicant are examined and qualified through legal procedures. Therefore, to obtain a lawyer's practice license, the applicant should not only have the knowledge level required to obtain a lawyer's qualification, but also have the ability to actually carry out lawyer's business.
Lawyers are divided into:
First, according to the nature of the work can be divided into:
(1) Social lawyers (including full-time lawyers and part-time lawyers)
(2) Legal aid lawyers
(3) Public lawyers
(4) Company lawyers
(5) Military lawyers
Two, according to the scope of business can be divided into:
(1) civil lawyer
(2) Criminal lawyers
(3) Administrative lawyers
(4) Litigation lawyers
(5) Non-litigation business
Professional characteristics of lawyers
The basic characteristics of the lawyer profession are. Have the necessary legal expertise. To provide legal services as its function. Protected and managed by the state. Different lawyers have different lawyer's practice licenses; Different practice licenses have different scope of practice; Different scopes of practice have different rights and obligations. Social lawyers hold a red lawyer's license and are divided into full-time and part-time. Full-time lawyers must resign from public office and specialize in the legal profession; Part-time lawyers do not have to resign from public office, but only qualified personnel in law teaching and research units. Legal aid lawyers hold a brown lawyer's practice license and can only practice in legal aid centers, and may not engage in paid legal services. Public lawyers hold green lawyer's practice certificate, and corporate lawyers hold blue lawyer's practice certificate. The practice scope of public lawyers and corporate lawyers is limited to the internal legal affairs of government departments or companies and does not serve the outside world. Military lawyers hold a red lawyer's practice license, which is managed independently by the army and only serves the army.
legal ground
People's Republic of China (PRC) Lawyers Law
Article 2 The term "lawyer" as mentioned in this Law refers to a practitioner who has obtained a lawyer's practice certificate according to law, accepted entrustment or assignment, and provided legal services to clients.
Lawyers should safeguard the legitimate rights and interests of the parties and correctly implement the law and social fairness and justice.
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.