A lawyer refers to a person who is entrusted or assigned to provide legal services such as litigation agency or defense business for the parties.
Lawyers must pass the legal professional qualification examination and obtain the lawyer's practice certificate according to law before they can practice. According to the nature of work, lawyers can be divided into full-time lawyers and part-time lawyers; According to the scope of business, lawyers can be divided into civil lawyers, criminal lawyers and administrative lawyers; According to clients and working status, lawyers can be divided into social lawyers, corporate lawyers and public lawyers. Lawyer's business is mainly divided into litigation business and non-litigation business.
Lawyers can engage in the following businesses:
1. Accept the entrustment of natural persons, legal persons or other organizations to serve as legal advisers;
2, accept the entrustment of the parties in civil cases and administrative cases, as agents, to participate in litigation;
3. Accept the entrustment of criminal suspects and defendants in criminal cases or the assignment of legal aid agencies as defenders, accept the entrustment of private prosecutors in private prosecution cases, victims in public prosecution cases or their close relatives as agents and participate in litigation;
4. Accept the entrustment and represent the complaints of various litigation cases;
5. Accept the entrustment and participate in mediation and arbitration activities;
6. Accept the entrustment to provide non-litigation legal services;
7. Answer legal advice and write litigation documents and other documents related to legal affairs.
legal ground
People's Republic of China (PRC) Lawyers Law
Article 6 To apply for practicing as a lawyer, an application shall be submitted to the judicial administrative department of the people's government of a city divided into districts or a municipality directly under the Central Government, and the following materials shall be submitted:
(a) the national unified legal professional qualification certificate;
(two) the materials issued by the lawyers association that the applicant has passed the internship assessment;
(3) the identity certificate of the applicant;
(4) A certificate issued by a law firm agreeing to accept the applicant.
To apply for a part-time lawyer's practice, it shall also submit a certificate that the unit where it works agrees that the applicant is engaged in a part-time lawyer's profession.
The department accepting the application shall conduct a review within 20 days from the date of acceptance, and submit the review opinions and all application materials to the judicial administrative department of the people's government of the province, autonomous region or municipality directly under the Central Government. The judicial administrative departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall, within 10 days from the date of receiving the submitted materials, conduct an examination and make a decision on whether to approve the practice. If the practice is approved, the lawyer's practice certificate shall be issued to the applicant; If it is not allowed to practice, it shall explain the reasons in writing to the applicant. Article 15 The establishment of a partnership law firm shall not only meet the requirements stipulated in Article 14 of this Law, but also have three or more partners, and the promoters shall be lawyers with more than three years' practice experience.
A partnership law firm may be established in the form of general partnership or special general partnership. The partners of a partnership law firm shall be liable for the debts of the law firm in the form of partnership.