Ministry of Justice, Administration of Partnership Law Firms Procedures

Promulgated: June 16 2004
Effective: as of date of promulgation
Interpreting authority: Ministry of Justice
Applicability: "Partnership law firm" means an organization of practising lawyers established by partners in accordance with a partnership agreement, jointly funded and managed and sharing gains and risks (Article 2).

Main contents: The Procedures have raised the qualification requirements of partners of a partnership law firm: they shall have practised for more than five years instead of three years, and have not been subject to suspension of practice or any administrative penalties of a higher degree within the three years before becoming a partner (Article 11). New restrictions have been set out such that establishment of new law firms is not allowed within one year by a partner who has withdrawn or has been removed from a partnership of a law firm established for two years or less. Where a partnership law firm's practising certificate is revoked due to contravention of practice discipline or professional ethics, its partners are not allowed to apply for establishment of new law firms as partners, unless there is evidence that the partners do not bear any management responsibility for the revocation (Article 45). More responsibilities are required of partners, such as education on professional ethics and practice discipline of employed lawyers, and inspection and supervision of their practice (Article 13). For a partners' meeting, the Procedures specify the way it is convened, rules of procedure, method of resolution, and decision and administration of major matters of the law firm (Article 22). Partnership law firms shall establish sound internal management systems and report the same to the judicial administrative authority and bar association for the record (Article 25). Examples of a sound internal management system have been illustrated, including uniform acceptance of entrustment and collection of service and legal fees (Article 27), establishment of systems on professional ethics education, quality control on services and study of significant cases, etc. (Article 30) Dissolution and liquidation procedures for partnership law firms are set out in Part Five.
Related legislation: PRC Lawyers Law (Amended), Oct 28 2007, CLP 2007 No.10 p83 and Ministry of Justice, Administration of the Registration of Law Firms Procedures, Oct 25 1996, CLP 1997 No.4 p8
Repealed legislation: Ministry of Justice, Administration of Partnership Law Firms Procedures, Oct 25 1996, CLP 1997 No.4 p9