What Is a Practice Firm?

A practicing lawyer refers to a legal lawyer who has passed the national judicial examination and obtained a lawyer's practice certificate according to law. ^[1]

certified lawyer

Article 5 of the Lawyers Law of the People's Republic of China stipulates that to apply for the practice of a lawyer, the following conditions must be met:

(1) to support the Constitution of the People's Republic of China;

(2) Passing the national unified judicial examination;

(3) One year internship in a law firm;

(4) Good conduct. ^[2]

To support the implementation of the revised "

Measures for the Administration of Lawyers' Licenses

Article 1 These regulations are formulated in accordance with the Lawyers Law of the People's Republic of China to regulate the application, issuance and registration of lawyers' practice licenses.

Article 2: A lawyer's practice license is a valid certificate for lawyers' practice.

Lawyers should obtain a lawyer's practice certificate in accordance with these Measures. Persons without a lawyer's license shall not engage in activities in the name of a lawyer.

Article 3 Persons who meet the conditions stipulated in Article 8 of the Lawyers Law of the People's Republic of China may apply for a lawyer's practice certificate.

Article 4 Persons applying for a lawyer's practice certificate shall have a continuous internship at a law firm for one year. When a law firm accepts an internship, it shall file a record with the judicial administrative organ of the place of residence.

Article 5: Law firms shall appoint lawyers with more than three years of professional experience, good political ideology, and high professional quality to guide interns.

Article 6 Interns shall assist lawyers in conducting business and may not practice alone.

Interns should receive training in professional ethics and practice discipline; receive guidance in training in criminal defense, civil and administrative case agency, non-litigation agency, legal consulting, and proxy writing, and complete the amount of business prescribed by the judicial administration.

The judicial administrative organ shall inspect the internship activities of interns.

Article 7 At the end of the internship, the law firm shall appraise the ideology, ethics, professional ability and working attitude of the intern.

Article 8 If an intern applies for a lawyer's practice license after the internship period expires, the law firm where he or he intends to be transferred will fill out the "Registration Form for Application for a Lawyer's Practice License", the applicant's lawyer's qualification certificate, and ID The photocopy and other materials are submitted to the judicial administrative organ of the place of residence.

Article 9 The judicial administrative organ of the place of residence shall submit an examination opinion within 15 days of receiving the application materials and report it to the judicial department (bureau) of the province, autonomous region, or municipality.

The judicial department (bureau) of the province, autonomous region, or municipality directly under the Central Government shall review the application materials and meet the prescribed conditions, and shall issue a lawyer's practice license within 30 days from the date of receipt of the application materials. The applicant shall be notified if a practice license is not issued after the examination does not meet the prescribed conditions.

Those who receive a lawyer's practice certificate shall join the bar association where they live.

Article 10 Under any of the following circumstances, a lawyer's practice license shall not be issued:

(1) having no capacity for civil conduct or limited capacity for conduct;

(2) Those who have been subject to criminal punishment, except those for negligent crimes;

(3) Those who have been expelled from public office or have their lawyer's practice license revoked.

Article 11 If an applicant is dissatisfied with the disapproval of a lawyer's practice certificate, he may apply for reconsideration to the judicial administrative organ at a higher level within 15 days from the date of receipt of the notice.

Article 12 The lawyer's practice license is registered once a year, and it is invalid without registration.

Judicial administrative agencies at or above the provincial, autonomous region, and municipality-level jurisdictions are responsible for the registration of lawyers' licenses. Provinces, autonomous regions, and municipalities directly under the Central Government may, according to their work needs, entrust local, city, and state judicial bureaus to be responsible for the registration of lawyers' licenses in their respective regions.

Article 13 When a lawyer conducts the annual registration of a practising license, the law firm in which he resides shall declare the registration materials to the judicial administrative agency of the place of residence. After the judicial administrative department of the place of residence has submitted an opinion for review, it shall be reported to the registration authority step by step.

In order to complete the registration procedures, the lawyer shall, in addition to filling out the "Registration and Registration Form for the Annual Registration of Lawyer Licenses" in accordance with the regulations, also submit the following materials:

(1) Annual work summary;

(2) Certificate of completion of business training;

(3) Report on compliance with lawyers' professional ethics and practice discipline;

(4) Certificate issued by the Bar Association to perform the obligations stipulated in the articles of association.

If the submitted materials are not qualified, the registration authority shall return them and request supplementary materials.

Article 14 If the registration conditions are met, the registration authority shall complete the registration procedures in accordance with these Measures within 15 days from the date of receiving the application for registration.

Article 15 In any of the following circumstances, the registration authority may suspend registration and notify the law firm where the lawyer is located:

(1) Suspension of punishment due to violation of lawyer's practice discipline, the penalty period has not expired;

(2) The law firm where it is located was suspended for rectification due to violation of practice discipline, and the punishment period has not expired;

(3) Those who are temporarily unable to engage in the profession of lawyers as required by laws and regulations.

Article 16 After the reason for the suspension of registration disappears, I shall apply for it and, after approval by the registration authority, shall go through the registration procedures for it.

Article 17 After each year of registration, the registration authority shall announce in the newspapers and periodicals the lawyers who are allowed to register.

Article 18 If a lawyer is punished for suspension, the judicial administrative organ shall withdraw his lawyer's practice license and return it after the punishment period expires.

If a lawyer has his lawyer's practice license revoked, the judicial administrative organ shall collect his lawyer's practice license and cancel it.

Article 19: Lawyers shall properly keep their practice licenses, and shall not obtain loans, leases, mortgages, transfers, alterations or damages.

Article 20 If a lawyer's practice license is damaged or lost, the law firm where the lawyer is located shall apply to the judicial administrative organ for redemption or replacement. If the lawyer's practice license is damaged, the original lawyer's practice license shall be returned; if the lawyer's practice license is lost, a statement of the loss shall be published in the local newspaper.

Article 21: Part-time lawyer professionals receive a lawyer's practice license, and the relevant provisions of these Measures shall be implemented and applied in accordance with the provisions of the Ministry of Justice on the management of part-time lawyer professionals.

Article 22 The lawyer's practice license shall be uniformly produced by the Ministry of Justice.

Article 23 The judicial departments (bureaus) of provinces, autonomous regions, and municipalities directly under the Central Government shall establish registration systems, statistical systems, and archives systems for the issuance, registration, collection, and revocation of lawyers' practice licenses.

Article 24 These Measures shall come into effect on January 1, 1997. The Measures for the Administration of the Lawyer's Work License and Lawyer (Specially Invited) Work Permit issued by the Ministry of Justice on March 30, 1989 was abolished at the same time.