What Are the Different Types of Law Firm Internships?

Trainee lawyer: refers to those who have obtained a lawyer's qualification or a legal professional qualification certificate, have no legal practice experience, and have received a trainee lawyer's certificate, and the internship in a law firm is mainly law students who have just graduated.

Trainee solicitor

(Chinese words)

Only after obtaining a lawyer's license can he be commissioned to engage in the profession of lawyers in the name of a lawyer. Due to lack of experience, although young lawyers have studied law for many years and have a good theory, they are often helpless in practice. At this time, young lawyers are most eager to get the guidance and help of their predecessors, learn specific skills, learn how to handle things, ask them to point out and correct their mistakes, and master the practical skills as soon as possible.

Related regulations for interns

Article 1 An applicant for practicing as a lawyer (hereinafter referred to as "the intern") shall meet the following conditions:

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

(2) Having full capacity for civil conduct;

(3) Good conduct;

(4) Having not been subjected to criminal punishment (except for the crime of negligence);

(5) No record of being fired from public office or being revoked as a lawyer's practice certificate;

(6) Have obtained a lawyer qualification certificate or legal professional qualification certificate.

Chinese Lawyer Certificate

(7) Complying with other conditions stipulated in these Detailed Rules.

Article 2 Application, Examination, and Issuance of the "Applicant Lawyer Practitioner's Certificate":

(1) The law firm intending to receive the internship shall submit the relevant application materials to the lawyers association of the local province and city after reviewing the following contents:

1. The "Internship Application Form" completed by the applicants;

2. Apply for the legal professional qualification certificate or lawyer qualification certificate of the intern;

3. Apply for the identity card of the intern, and the residence permit or temporary residence permit issued by the public security organs submitted by non-resident household registration personnel;

4. The certificate of resignation from the unit where the intern applies, or the certificate of unemployment issued by the local township or street office; the file storage certificate issued by the Talent Exchange Center, which proves that I can engage in the profession of a lawyer full-time;

5. The certification materials issued by the public security authority where the intern is applying for household registration without criminal punishment (except for the crime of negligence);

6. An inch-inch colorless photo (blue background);

Attached is a statement from the law firm that the firm and the proposed guidance lawyer meet the conditions stipulated in these rules, and the "Internship Agreement" signed by the law firm and the intern applicant.

When accepting an application for internship by a person who intends to work part-time as a lawyer, in addition to the relevant materials listed above, the certification materials issued by the law department or law research unit of the institution of higher learning where the intern applicant is located should be submitted.

The above materials should be provided with the original and a copy. If the provincial and municipal lawyers association reviews and approves, the original will be returned, and the photocopy will be stamped with the original seal, and will be included in the applicant's internship file together with other application materials.

(2) Obtaining the "Application Certificate for Lawyer Practitioners"

1. The bar associations of the provinces and cities have completed the review of the conditions for applying for internship, the law firm to receive the internship, and the guidance lawyer within 20 working days from the date of receipt of the application materials. "Internship certificate", and reported to the Provincial Lawyers Association for record; if you do not agree with the internship, notify the law firm and the intern applicant in writing and give the reason.

2. The "Application for Internship Certificate for Lawyer Practitioners" is uniformly printed by the National Bar Association, and uniformly numbered by the Provincial Lawyers Association. The numbering sequence is: Provincial Code-City Code-Internship Certificate Issue Date-Gender (Male 1, Female 2)-Special Part-time (Special 1, Part 2)-4 digit serial number.

Article 3 During the internship period, if the " Applicant Lawyer Practitioner's Internship Certificate" is lost or damaged, the law firm receiving the internship shall apply to the Provincial Lawyers Association for replacement or reissue.

Article 4 The internship period of the intern is one year, which includes two parts: centralized training and practical training. The internship period is calculated from the date stated in the "Applicant Lawyer Practicum Certificate".

During the internship, if the intern gives up the internship, is dismissed from the internship relationship by the law firm, or is transferred to his internship for no valid reason, the internship that has been performed is invalid, and the provincial and municipal bar associations shall cancel their internship qualifications.

An intern who interrupts an internship because the law firm or the counsel attorney loses the acceptance conditions or fails to perform the guidance duties, may apply for transfer to the internship within 30 days of the reason for the interruption. The transfer internship application is resubmitted in accordance with the provisions of this detailed rule. The internships already performed are valid and the internship period is calculated continuously.

Article 5 During the internship, the intern should complete the prescribed internship content and establish a record of internship work.

Article 6 Interns shall receive centralized training organized by the Provincial Lawyers Association, and the Provincial Lawyers Association may also entrust the Provincial Lawyers' Associations to organize centralized training.

(1) The concentrated training time is 30 days. The training content is arranged in accordance with the National Bar Association's Outline for the Application of Concentrated Training for Lawyers.

(2) At the end of the centralized training, the bar association that organized the training will evaluate the interns. The assessment can be carried out by a combination of written examination and interview. The assessment content is determined according to the centralized training outline.

(3) If the intern is qualified after the assessment, the bar association that organizes the training shall issue a "Internship Concentration Training Completion Certificate"; if the intern fails the assessment, he shall rejoin the next year's intensive training.

(4) During the intensive training period, if the intern is absent for more than 1/5 of the courses, the training qualification will be cancelled.

Article 7 During the internship, the intern must not do the following:

(1) Negotiating, contracting and undertaking business in the name of a lawyer;

(2) Printing business cards and other relevant materials in the name of a lawyer;

(3) Lending, leasing, mortgage, transferring, altering the "Applicant's Practice Certificate for Lawyers";

(4) Disobeying the law firm and guiding the supervision and management of lawyers;

(5) Failure to observe the discipline of centralized training;

(6) Other acts that do not meet the internship requirements or damage the lawyer's professional image.

Article 8 When the internship expires, the law firm receiving the internship shall submit the following materials to the lawyers association of the local province and municipality:

(1) Summary of the internship written by the intern;

(2) The internship log;

(3) Guiding lawyers' evaluation opinions on the conduct and practice ability of interns;

(4) "Internship Appraisal Certificate" issued by law firm;

(5) "Certificate of Concentration Training for Interns";

(6) Application for Internship Certificate of Lawyer Practitioners.

Article 9 The bar associations of the provinces and cities shall conduct review and assessment within 15 working days after receiving the materials. If the examination is qualified, the bar associations of the provinces and cities sign the qualified opinions in the "Intern Registration Form" as valid certification documents for the intern to apply for a lawyer's practice certificate.

Article 10 An intern has one of the conditions in Article 7 of this rule or the content of the internship fails to meet the requirements of the National Law Association's "Guidelines for Practical Training of Lawyers Applying for Lawyers" and is deemed to be unqualified for internship assessment. Dismiss the internship relationship.

Article 11 If the apprentice fails the assessment, the provincial and municipal lawyers association will make a decision, and the law firm where he is located will notify the apprentice himself.

Article 12 If the intern is in one of the situations specified in Article 7 of these Rules and the circumstances are serious, the bar associations of the provinces and cities shall order them to stop the internship. The internships already performed are invalid.

If an internship is ordered to be stopped, a decision shall be made by the lawyers association of the provincial city. The decision shall state the name of the intern, the start date of the internship, the reason and date for ordering the suspension of the internship, and the deadline for not applying for an internship again.

Order the decision to stop the internship to be delivered to the intern by the law firm. If it cannot be served, the notice shall be served.

Article 13 An intern who is dissatisfied with the internship assessment made by the Provincial Lawyers Association or ordered to stop the internship may apply to the Provincial Lawyers Association for review. The Provincial Bar Association shall review the application within three months from the date of receipt of the application and make a final decision. The provincial bar association's final decision is to be served by the law firm to the interns. If it cannot be delivered, it shall be delivered through an announcement.

Article 14 The decision to stop the internship shall be filed with the judicial administrative organ at the same level within 10 working days from the date of decision.

Article 15 The bar associations of the provinces and cities shall publicize the appraisal interns who have passed the examination in the documents or websites of the local law association. The publicity period is one month.

Article 16 An intern who has passed the assessment shall apply to the judicial administrative organ for practicing as a lawyer within three years from the expiration of the publicity period. Those who have applied for more than three years shall be retrained and the provincial and municipal lawyers associations shall review their performance during the period when they have not applied for practice, and make assessment conclusions.

Law firm regulations

Article 1 The content of the "Internship Agreement" signed by law firms and interns shall conform to the relevant provisions of the National Bar Association.

Article 2: Lawyers shall not accept interns under any of the following circumstances:

(1) There is no guidance lawyer who meets the prescribed conditions;

(2) Being punished for suspension of business for rectification or less than six months;

(3) Being punished for suspension of business for rectification, and less than one year after the expiration of the penalty period;

(4) Confusion in internal management is not conducive to internship.

Article 3: Law firms perform the following supervision and management duties:

(1) Applying for "Internship Certificate for Lawyer Practitioners" for interns;

(2) Supervising and instructing lawyers, arranging interns to receive client consultations no less than 15 times, and following the instructing lawyers to participate in court or non-litigation activities no less than 3 times;

(3) Organizing interns to participate in the political study and business seminars of the firm;

(4) Organizing interns to participate in centralized training;

(5) Review the internship work records of the intern once a quarter;

(6) Provide necessary conditions and guarantees for the internship activities of interns.

Article 4 If a law firm believes that the intern's moral character or practice ability is not suitable for the practice of a lawyer, it shall promptly terminate the internship relationship.

Article 5 In all of the following cases of lawyers' affairs, the bar associations of the provinces and cities shall order the admission of interns to be stopped:

(1) Accepting the intern in violation of the "Rules for the Application of Lawyers' Practicing Management" of the National Bar Association;

(2) arranging lawyers who do not meet the conditions stipulated in the "Management Rules for Applying for the Practice of Lawyers as Lawyers" as guiding lawyers;

(3) Failing to supervise and instruct lawyers to perform the tasks and duties stipulated in the "Management Rules for the Application of Lawyer Practitioners' Practices", resulting in the internship being unable to complete the internship tasks provided in the "Guidelines for Practical Training of Application Lawyers"

(4) The internship activity has not been stopped after the barristers' association of the province and city has ordered the intern to stop the internship;

(5) after the internship expires, the internship appraisal is not issued;

(6) The appraisal materials and evaluation opinions issued by the law firm and the guidance lawyer for the interns are not in line with the actual situation;

(7) Failure to terminate the internship in a timely manner for interns with moral conducts that do not meet the requirements of a lawyer's profession;

(8) Terminating the internship relationship with the intern and failing to file a record with the lawyers' association of the province;

(9) Other acts of inadequate guidance and management of interns and lawyers.

Guidance for lawyers

The first guidance lawyer shall meet the following conditions:

(1) has been practicing for more than five years;

(2) Having high professional ethics and no bad practice record;

(3) Having a high level of practice.

No more than two interns may be instructed by a counseling lawyer.

Article 2 Duties of Guiding Lawyers:

(1) educating interns on the professional ethics and practice discipline of lawyers;

(2) Instructing interns to understand and master the management system of lawyers;

(3) Instructing interns to understand and master the rules and regulations of lawyers' practice;

(4) Arranging intern trainees to study and handle lawyer business, and guiding intern trainees to conduct basic training in lawyer practice;

(5) Examine the conduct and professional ability of the intern;

(6) Other guidance and supervision work for interns;

(7) No interns shall be required to handle matters not related to the internship.

Provincial Bar Association

Article 1 The guidance and management of internship activities by provincial and municipal lawyer associations shall, in addition to implementing other provisions of these Rules, perform the following duties:

(1) Organizing law firms and instructing lawyers to learn and master relevant regulations on the management of interns, organizing law firms and instructing lawyers to exchange guidance and management experience and carry out commendation activities;

(2) Organizing interns to carry out communication activities and commend outstanding interns;

(3) Other work to promote and regulate internship management.

Article 2: Lawyers' associations of provinces and municipalities establish internship internship files. If an intern is allowed to apply for a lawyer's practice, the internship file is merged into his practice file, and the internship file is permanently saved before the application for an approved lawyer's practice.

Article 3 The intern is ordered to stop the internship, the public disclosure of the intern's assessment and the results of the assessment, and the bar associations of the provinces and cities shall file a record with the provincial bar association within 30 working days.

Article 4 The Lawyers Association of the Provincial and Municipalities shall establish an "Internship Management Working Committee" or designate other institutions to undertake specific internship management responsibilities.

Article 5 The guidance and management of the internship by the bar association is subject to the guidance and supervision of the judicial administrative organs at the same level and the bar associations at higher levels. ^[1]

What paralegals should do

Work log, closing report ^[1]