What Does a Law Firm Receptionist Do?

A law firm refers to a working institution where lawyers of the People's Republic of China perform their duties and conduct business activities. Law firms are organized and supervised and managed by judicial administrations and bar associations. The law firm should have:

law office

It accepts the entrustment of Chinese and foreign parties to provide various legal services within the specified professional activities; it is responsible for the specific assignment and guidance of the business work of its lawyers;

New 2008

New revised "

With the erratic development of the global economy, Chinese law firms are facing unprecedented opportunities and challenges brought about by changes in the external and internal environment. The legal service market is gradually opening up. With the entry of foreign capital, technology and services, the legal service industry is facing the severe challenge of internationalization of the domestic market and domestication of international competition. At the same time, the attributes and positioning of China's lawyer industry have changed along with the needs of the political, economic and cultural era. In this situation, law firms must develop sustainably and scientifically, and innovation will play a decisive role.

Since the recovery of the legal profession in 1979, the size of the industry has grown exponentially. The number of lawyers nationwide has grown from 212 at the end of 1979 to 156,700 in 2008, and to 17,200 law firms and nearly 200,000 lawyers in 2010. But of the 17,200 law firms, there are only two law firms with a size of more than 1,000, 28 with more than 100, 149 with 50 to 100, and 471 with 30 to 50. These add up to 650.

According to Ministry of Justice estimates, law firms with less than 10 people account for more than 50% of the total. By 2011, China had nearly 19,000 law firms and more than 200,000 employees, mainly in economically developed provinces and cities: Beijing has 1,415 law firms and 22,418 employees; Shanghai has 1,078 law firms. The number of employees reached 12,562; Guangzhou and Shenzhen ranked three or four.

Judging from the growth and development of the law firm's six major categories of criminal, civil, administrative, non-litigation, consulting, and consulting since 2005, the number of criminal litigation business has changed dramatically, which is mainly related to the political and social environment in recent years; civil And administrative business growth is relatively stable, of which civil is the main source of law for most law firms in China; abnormally, the growth rate of consulting and non-litigation business is extremely low, until 2008 the growth rate of non-litigation business reached the maximum.

Legal counsel is the most stable of all business areas and should be the cornerstone of law firm services. Other non-litigation businesses are growing rapidly. Aggressive firms can choose to focus on this type of business. While civil business growth is relatively stable, stable firms can choose to focus on this type of business. The demand for criminal business fluctuates too much, and the winner-take-all effect is too obvious, which is really not suitable for ordinary small and medium-sized firms to get involved. In this way, the gap between Chinese law firms and foreign firms will accelerate, because the profit of non-litigation business is much higher than that of litigation business, and internationally renowned law firms are more engaged in non-litigation business.

Although the scale is continuously expanding, the growth trend of the number of Chinese law firms and lawyers is not obvious. From 2002 to 2011, the line chart of the growth rate of the number of national law firms and lawyers can be found. In 2004, Chinese law firms and lawyers The annual growth rate of volume fell to 2%, while the growth rate of law firms in 2006 was less than 1%, reaching its lowest point in ten years, and the gap is very large compared with other knowledge-intensive service industries subordinate to business services.

The volatility and growth bottlenecks exhibited by Chinese law firms are mainly due to the law firm's business choices focus on litigation, corporate organization flow, low leadership quality, and innovative content limited to business. Therefore, to achieve greater development, law firms must promote scientific human resource management, attach importance to the joint construction of software and hardware, rationally allocate law firm resources, and recognize the structural differences between law firms and traditional enterprises.

In order to promote the establishment of closer economic and trade relations between Hong Kong, Macao and the Mainland, according to the Supplementary Agreement IX to the Arrangement for the Closer Economic and Trade Relations between the Mainland and Hong Kong approved by the State Council and the Arrangement for the Closer Economic and Trade Relations between the Mainland and Macao Supplementary Agreement Nine, deciding to make the following amendments to the "Administrative Measures on the Joint Management of Law Firms in Hong Kong Special Administrative Region and Macao Special Administrative Region and Mainland Law Firms":

1. Amend Article 2 to read: "The associates referred to in these Measures are Hong Kong and Macau law firms and one to three Mainland law firms that have established representative offices in the Mainland, in accordance with the rights and obligations agreed in the agreement. Carry out joint operations to provide clients with legal services in Hong Kong, Macau and the Mainland respectively. "

2. This decision shall be implemented as of January 1, 2013.

"Administrative Measures on the Joint Management of Law Firms in Hong Kong Special Administrative Region and Macao Special Administrative Region and Mainland Law Firms" (Promulgated by Order No. 83 of the Ministry of Justice, and Amended Orders No. 100, 106, 109, and 118 of the Ministry of Justice) This decision is amended accordingly and republished.

Ministry of Justice's amendments to the Law Offices of the Hong Kong Special Administrative Region and the Macao Special Administrative Region

Decision on Management Measures for Joint Ventures with Mainland Law Firms

(Promulgated by Order No. 83 of the Ministry of Justice on November 30, 2003 in accordance with the fifth amendment of the Order of the Ministry of Justice on November 21, 2012)

Decree of the Ministry of Justice of the People's Republic of China

No. 126

The "Decision of the Ministry of Justice on Amending the" Administrative Measures on the Joint Management of Law Firms in the Hong Kong Special Administrative Region and the Macao Special Administrative Region and Mainland Law Firms "has been deliberated and approved by the Ministry of Justice's Ministerial Meeting on November 20, 2012, and is now released for publication since 2013 Effective from January 1.

Wu Aiying

November 21, 2012

Chapter I General Provisions

Article 1 In order to implement the "Arrangements for Establishing Closer Economic and Trade Relations Between the Mainland and Hong Kong" and "Arrangements for Establishing Closer Economic and Trade Relations Between the Mainland and Hong Kong" approved by the State Council, regulate Hong Kong, Macau law firms and Mainland law firms Conduct joint venture activities and management, and formulate these measures.

Article 2 The joint venture referred to in these measures is a Hong Kong and Macao law firm and one to three Mainland law firms that have established representative offices in the Mainland. Provide Hong Kong, Macau and Mainland legal services.

Article 3: Hong Kong and Macao law firms and Mainland law firms may not take partnership-type or legal person-type joint ventures. During the joint venture between Hong Kong, Macao law firms and Mainland law firms, the legal status, names and finances of both parties shall remain independent, and each shall bear civil liability independently.

Article 4 The joint venture between Hong Kong and Macao law firms and Mainland law firms shall abide by national laws, regulations and rules, abide by lawyers' professional ethics and practice discipline, and shall not harm national security and social public interests.

Chapter II Joint Venture Application

Article 5 Hong Kong and Macau law firms that meet the following conditions may apply for joint ventures:

(1) Registration and establishment in accordance with the relevant laws and regulations of Hong Kong and Macau;

(2) Having engaged in substantive commercial operations in Hong Kong or Macao for three years;

(3) Sole proprietors or all partners must be registered lawyers in Hong Kong and Macau;

(4) The main scope of business shall be the provision of local legal services in Hong Kong and Macau;

(5) Law firms and their sole proprietors or all partners must pay Hong Kong profits tax, Macau income supplementary tax or occupational tax;

(6) Having been approved to establish a representative office in the Mainland, and the representative office has not received administrative punishment within two years before applying for an associate; if the representative office has been established for less than two years when applying for an associate, no administrative penalty has been imposed since the date of establishment of the representative office.

Article 6 Mainland law firms that meet the following conditions may apply for joint ventures:

(1) three years after its establishment;

(2) Have not received administrative punishment or industry punishment within two years before applying for joint venture.

Mainland law firms with at least one founder with more than 5 years of practice experience and domicile in Guangdong Province can also apply for joint ventures.

No Mainland law firm branch may apply for an associate as an associate.

Article 7 Hong Kong, Macao law firms and Mainland law firms applying for joint ventures shall jointly submit the following application materials to the provincial judicial administration where the Mainland law firms are located:

(1) An application for joint venture signed by both parties;

(2) the joint venture agreement signed by both parties;

(3) A photocopy of a valid registration document approved by Hong Kong and Macau law firms to be established in Hong Kong and Macao, a list of sole proprietors or persons in charge, and all partners, a photocopy of the business license of the representative office in the Mainland and a list of representatives;

(4) Certificates from Hong Kong and Macau law firms that meet the standards of Hong Kong and Macau legal service providers issued by the relevant government departments of the Hong Kong and Macau Special Administrative Regions;

(5) A photocopy of the practice license of the Mainland law firm, a list of the persons in charge and all partners, and a certificate issued by the judicial administrative agency at the prefecture (city) level that meets the conditions specified in Article 6 of these Measures;

(6) Where the representative offices of Hong Kong and Macao law firms in the Mainland are not in the same province, autonomous region or municipality as the Mainland law firms, the Hong Kong and Macao issued by the provincial judicial administration of the place where the Hong Kong and Macao law firms are located Certification documents that the law firm meets the conditions specified in Article 5 (6) of these Measures;

(7) Other materials required by the provincial judicial administration.

The photocopy of the valid registration certificate listed in the third paragraph of this article must be notarized by a notary public recognized in the Mainland.

A Mainland law firm applying for an associate in accordance with Article 6, paragraph 2 of these Measures shall simultaneously submit the certification materials of the founder of the firm with more than 5 years of practicing experience.

The application materials shall be in Chinese, in triplicate. If a foreign language is used in the materials, a Chinese translation should be attached.

Article 8 The provincial judicial administrative organ shall make a decision on granting or disapproving an associate within 20 days from the date of receiving the applicant's application for association. If a decision cannot be made within 20 days, it may be extended for another 10 days with the approval of the person in charge of this organ, and the applicant shall be informed of the reason for the extension.

For those who meet the conditions stipulated in these Measures, the joint venture shall be approved and an associate license shall be issued; for those that do not meet the conditions stipulated in these Measures, the joint venture shall not be allowed, and the applicant shall be notified in writing.

In the case of a joint venture, the provincial judicial administrative organ shall report the approval and relevant materials approved by the joint venture to the Ministry of Justice within 30 days from the date of issue of the joint venture license.

Where the representative offices of Hong Kong and Macao law firms in the Mainland are not in the same province, autonomous region, or municipality as the Mainland, the provincial judicial administration of the place where the Mainland law firm is located grants the joint venture, and the provincial judicial administration of the decision to grant the association The approval documents of the associate shall also be copied to the provincial judicial administrative organs where Hong Kong and Macao law firms' representative offices in the Mainland are located.

Chapter III Association Rules

Article 9 The joint venture between Hong Kong and Macao law firms and mainland law firms shall conclude a joint venture agreement in writing. The joint venture agreement should include the following:

(1) the names, domicile, sole proprietorships, and partners of the joint venture parties;

(2) the name and logo of the associate;

(3) the duration of the joint venture;

(4) Scope of joint business;

(5) arrangements for shared office space and equipment;

(6) arrangements for supporting administrative and secretarial personnel;

(7) Arrangement of sharing of associate fees and apportionment of operating expenses;

(8) Arrangement of the practice insurance and liability responsibilities of the lawyers of the two parties;

(9) Termination and liquidation of the associate;

(10) liability for breach of contract;

(11) dispute resolution;

(12) Other matters.

The joint venture agreement shall be concluded in accordance with the relevant provisions of the laws of the Mainland.

The joint venture agreement shall come into effect after being approved by the judicial administration.

Article 10 The joint venture period stipulated in the joint agreement between Hong Kong and Macao law firms and Mainland law firms shall not be less than one year. The joint venture period stipulated in the joint venture agreement between the two parties can be renewed after mutual negotiation. Application for renewal of an associate shall be handled in accordance with the procedures prescribed in Articles 7 and 8 of these Measures.

Article 11 A Hong Kong and Macao law firm and a Mainland law firm may use a joint name and a joint logo as agreed and approved by both parties. The name of the joint venture shall consist of the name of the law firm in Hong Kong or Macau and the name of the law firm in the Mainland plus the word joint venture.

Article 12 Hong Kong and Macao law firms and Mainland law firms jointly may accept the client's entrustment or the entrustment of other law firms in the name of the joint venture to cooperate with Hong Kong and Macao, each of which is permitted to engage in law practice. , The Mainland, and other countries outside China.

Lawyers in Hong Kong and Macau participating in joint business shall not handle legal affairs in the Mainland.

Article 13 Both parties to an affiliate are entrusted to handle legal affairs and shall avoid conflicts of interest between their respective clients.

Article 14 If Hong Kong, Macao law firms and Mainland law firms cooperate in handling legal affairs in the name of a joint venture, the client may be charged uniformly, and the two parties shall then allocate according to the joint agreement; or according to the legal affairs handled by the joint venture, respectively The client is charged, but the client must be informed in advance.

Article 15 Hong Kong and Macao law firms and Mainland law firms may jointly conduct business promotion activities. However, when conducting business promotion, the following facts should be disclosed:

(1) The joint venture between the two parties is not a partnership joint venture or a corporate joint venture;

(2) The associated Hong Kong and Macau law firms and their lawyers cannot engage in Mainland legal affairs;

(3) Lawyers conducting publicity and promotion must clearly indicate the name of their law firm.

Article 16 The parties to the joint venture and their lawyers participating in the joint venture shall participate in the lawyers' practice insurance in their respective names in accordance with the relevant regulations of Hong Kong, Macau and the Mainland.

Article 17 If the two parties to the joint venture engage in illegal business practices or cause losses to the client due to fault, the two parties shall be solely responsible by the faulting party or the two parties shall share compensation responsibilities in accordance with the joint agreement.

Article 18 Hong Kong and Macao law firms and Mainland law firms may jointly use office space and office equipment. If the joint parties decide to share office space, they should choose the office of a Hong Kong or Macau law firm's representative office in the Mainland or the office of a Mainland law firm as the shared office space. The cost sharing of shared office space or office equipment is agreed upon in the joint venture agreement.

Article 19 Hong Kong and Macao law firms and mainland law firms may jointly support administrative and secretarial personnel. Relevant cost sharing is agreed upon in the joint venture agreement.

Article 20 A Hong Kong and Macau law firm and a mainland law firm shall maintain separate financial systems and accounting books.

Article 21 The joint venture between a Hong Kong and Macau law firm and a Mainland law firm shall be terminated in any of the following circumstances:

(1) Both parties no longer apply for renewal after the expiry of the joint venture;

(2) The two parties to the joint venture terminate the joint venture in accordance with the agreement;

(3) The party to the joint venture ceases to exist or is bankrupt;

(4) The representative offices of Hong Kong and Macau law firms in the Mainland have been cancelled according to law;

(5) Other situations in which an associate should be terminated in accordance with law.

If the joint venture is terminated, the provincial judicial administrative organ shall complete the cancellation procedures.

Chapter IV Supervision and Management

Article 22 A Hong Kong and Macau law firm and a Mainland law firm shall jointly submit a copy of the joint practice license and the following annual inspection materials to the provincial judicial administrative agency where the Mainland law firm is located before March 31 each year. , Accept annual inspection:

(1) Copies and photocopies of valid practice licenses of Hong Kong and Macau law firms' representative offices in the Mainland and law firms in the Mainland;

(2) The report on the status of the joint venture in the previous year, including the status of accepting entrusted legal affairs in the name of the associate, the status of the fees for handling legal affairs in the name of the associate, the sharing of the joint fee and the distribution of operating expenses, the income and taxation of the associate Situation, compensation for losses caused to the client due to illegal practices or faults in the business in the name of an associate;

(3) Representative agencies and Mainland law firms issued by Hong Kong and Macao law firms' representative offices in the Mainland and provincial or administrative bureaus at the local (municipal) level, where the Mainland law firms are located, received administrative penalties in the previous year Or industry disciplinary documents.

If the company fails to submit the annual inspection materials for the annual inspection without a valid reason, it shall be deemed that both parties to the joint venture have terminated the joint venture.

Article 23 If a Hong Kong or Macao law firm associates with a Mainland law firm and commits a violation of the laws, regulations and rules of the Mainland and the provisions of these Measures, the provincial judicial administrative organ shall issue a warning and order it to make a correction within a time limit; A fine of less than 10,000 yuan shall be imposed; if there is illegal income, a fine of more than one to three times the illegal income shall be imposed, but the maximum fine shall not exceed 30,000 yuan.

Article 24 Staff members of the judicial administrative organs who, in administrative management activities, have committed violations of laws, regulations and rules shall be given administrative sanctions in accordance with law. Constitute a crime, be held criminally responsible.

Chapter V Supplementary Provisions

Article 25 These Measures shall be interpreted by the Ministry of Justice.

Article 26 These Measures shall be implemented as of January 1, 2004. ^[2]