All China Lawyers Association, Legal Counsel Work Rules

Published: December 6 2001
Applicability: "Legal counsel" means a lawyer who is legally retained by a citizen, legal person or other organization to use his professional knowledge and skills to provide comprehensive legal services to the retaining citizen, legal person or other organization (Article 2).

Main contents: A lawyer may not act as legal counsel to anyone in his own name but shall do so only at the instruction of the law firm to which he belongs (Article 4). Before accepting to act as legal counsel to anyone, the law firm shall conduct a preliminary integrity check on the retaining party (Article 11). A legal counsel contract shall be executed to evidence the establishment of a legal counsel relationship (Article 12). A legal counsel has the right to refuse to provide services in respect of any act or matter that is illegal, contrary to fact or in breach of lawyers' professional ethics (Article 8). A legal counsel shall give a report to the local judicial authority and lawyers association before a legal opinion is issued in respect of an event or emergency that has material social impact (Article 10). Remuneration to legal counsel shall not be paid directly to the lawyer who acts as legal counsel but to the firm to which the lawyer belongs (Article 15).
Related legislation: PRC, Lawyers Law (Amended), May 15 1996, CLP 2007 No.10 p83