PRC Lawyers Law (Amended)

Revised on October 26 2012. Latest revision can be found at: http://www.chinalawandpractice.com/Article/3121123/PRC-Lawyers-Law-Revised-in-2012.html

(Amended and adopted at the 30th Session of the Standing Committee of the 10th National People's Congress on October 28 2007 and effective as of June 1 2008.)

PRC President's Order (No.76 of the 10th NPC)

PART ONE: GENERAL PROVISIONS

Article 1: This Law has been formulated in order to improve the system of lawyers, regulate practice by lawyers, ensure that lawyers conduct their practice in accordance with the law and enable lawyers to fulfil their roles in the building of the socialist legal system.

Article 2: For the purposes of this Law, the term "lawyer" means a practitioner who has obtained a lawyer's practice certificate in accordance with the law and who, by way of accepting an appointment or through designation, provides legal services to a concerned party.

A lawyer shall safeguard the lawful rights and interests of the concerned party, secure the correct implementation of the law and ensure social fairness and justice.

Article 3: In his/her practice, a lawyer must abide by the Constitution and the law, and adhere to the ethics of the legal profession and practice discipline.

In his/her practice, a lawyer must take facts as the basis and the law as his/her standard.

In his/her practice, a lawyer shall subject himself/herself to monitoring by the state, the public and the concerned party.

A lawyer practising in accordance with the law shall be protected by law, and no organization or individual may infringe upon his/her lawful rights and interests.

Article 4: Judicial administrative departments shall monitor and guide lawyers, law firms and lawyers' associations in accordance herewith.

PART TWO: PERMISSION TO PRACTISE AS A LAWYER

Article 5: Persons applying to practise as a lawyer shall satisfy the following conditions:

(1) upholding the PRC Constitution;

(2) having passed the state judicial examination;

(3) having undergone a full year's training in a law firm; and

(4) being of good conduct.

A lawyer's qualification certificate obtained prior to the implementation of the state judicial examination shall, in the case of an application for practice as a lawyer, be as valid as a certificate of passing the state judicial examination.

Article 6: When a person applies to practise as a lawyer, he/she shall submit an application and the materials set forth below to the judicial administrative department of the city (which are divided into districts) people's government or of the district people's government of the municipality directly under the central government:

(1) certificate of passing the state judicial examination;

(2) materials issued by the lawyers' association evidencing that the applicant passed his/her training assessment;

(3) the applicant's proof of identity; and

(4) a proof issued by a law firm evidencing that it has agreed to accept the applicant.

A person applying to practise as a lawyer part-time shall additionally submit evidence that the work unit with which he/she is serving consents to his/her engaging in the legal profession on a part-time basis.

The department accepting the application shall carry out its examination within 20 days from the date of acceptance of the application and forward its comments upon examination and all of the application materials to the judicial administrative department of the people's government of the province, autonomous region or municipality directly under the central government. The judicial administrative department of the people's government of the province, autonomous region or municipality directly under the central government shall, within 10 days from the date of receipt of the forwarded materials, conduct its review and render its decision on whether or not to permit the applicant to practise. If it permits the applicant to practise, it shall issue him/her a lawyer's practice certificate. If it withholds its permission for the applicant to practise, it shall give him/her its reasons in writing.

Article 7: An applicant shall not be issued a lawyer's practice certificate if:

(1) he/she has no or limited capacity for civil acts;

(2) he/she has been subjected to criminal punishment, with the exception of a conviction for criminal negligence; or

(3) he/she has been dismissed from public office or has had his/her lawyer's practice certificate revoked.

Article 8: If a person who has an undergraduate degree or higher qualifications, who has engaged in professional work for 15 years in a field where there is a severe shortage of legal service personnel, who has a senior title or is at an equivalent professional level and who has the pertinent professional legal knowledge applies to practise full time as a lawyer, he/she may be permitted to practise subject to passing an assessment by the State Council's judicial administrative department. The specific measures therefor shall be specified by the State Council.

Article 9: The judicial administrative department of the people's government of the province, autonomous region or municipality directly under the central government shall revoke its decision to permit a practitioner to practise and cancel his/her lawyer's practice certificate if:

(1) the applicant obtains his/her lawyer's practice certificate through improper means, such as fraud, bribery, etc.; or

(2) he/she is an applicant who has been given permission to practise without satisfying the conditions specified herein.

Article 10: A lawyer may practise with only one law firm. If a lawyer changes firms, he/she shall apply for the issuance of a new lawyer's practice certificate.

A lawyer shall not be subject to territorial restrictions in his/her practice.

Article 11: A public servant may not concurrently serve as a practising lawyer.

If a lawyer serves as a member of a standing committee of a people's congress at any level, he/she may not act as an agent ad litem or in a defence capacity during his/her term of service as a member.

Article 12: A person engaging in legal education or research work in an institution of higher education or scientific research institute who satisfies the conditions specified in Article 5 hereof may, with the consent of the work unit with which he/she is serving, apply to practise as a lawyer part-time in accordance with the procedure set forth in Article 6 hereof.

Article 13: A person who does not have a lawyer's practice certificate may not engage in the provision of legal services in the capacity of a lawyer, and, unless otherwise provided in laws, he/she may not act as an agent ad litem or in a defence capacity.

PART THREE: LAW FIRMS

Article 14: Law firms are the institutions in which lawyers practise. To establish a law firm, the following conditions shall be satisfied:

(1) having its own name, domicile and articles of association;

(2) having lawyers who satisfy the provisions hereof;

(3) its founder being a lawyer who has considerable practice experience and who has not been suspended from practice during the last three years; and

(4) having assets in the amount specified by the State Council's judicial administrative department.

Article 15: If a partnership law firm is to be established, in addition to satisfying the conditions set forth in Article 14 hereof, it shall have at least three partners and the founder shall be a lawyer with at least three years of practice experience.

A partnership law firm may be established as a general partnership or as a special general partnership. The partners in a partnership law firm shall, depending on the form of partnership, be liable for the debts of the law firm in accordance with the law.

Article 16: If an individually-owned law firm is to be established, in addition to satisfying the conditions set forth in Article 14 hereof, the founder shall be a lawyer with at least five years of practice experience. The founder shall bear unlimited liability for the debts of the law firm.

Article 17: When applying to establish a law firm, the following materials shall be submitted:

(1) a written application;

(2) the name and articles of association of the law firm;

(3) the list of lawyers, and their résumés, proofs of identity and lawyer's practice certificates;

(4) proof of domicile; and

(5) proof of assets.

When establishing a partnership law firm, the partnership agreement shall additionally be submitted.

Article 18: When establishing a law firm, the application shall be submitted to the judicial administrative department of the city (which are divided into districts) people's government or of the district people's government of the municipality directly under the central government. The department accepting the application shall carry out its examination within 20 days from the date of acceptance of the application and forward its comments upon examination and all of the application materials to the judicial administrative department of the people's government of the province, autonomous region or municipality directly under the central government. The judicial administrative department of the people's government of the province, autonomous region or municipality directly under the central government shall, within 10 days from the date of receipt of the forwarded materials, conduct its review and render its decision on whether or not to permit the establishment. If it permits the establishment, it shall issue the applicant a law firm's practice certificate. If it withholds its permission for establishment, it shall give its reasons to the applicant in writing.

Article 19: A partnership law firm that has been established for at least 3 years and has at least 20 practising lawyers may establish a branch office. The establishment of a branch office shall be subject to the review of the judicial administrative department of the people's government of the province, autonomous region or municipality directly under the central government where the branch office is to be established. An application to establish a branch office shall be handled in accordance with the procedure set forth in Article 18 hereof.

A partnership law firm shall be liable for the debts of its branch offices.

Article 20: A law firm established by means of capital contribution by the state shall be independent in its lawful practice of law and shall bear liability for its debts with its entire assets.

Article 21: If a law firm is to change its name, person in charge, articles of association or partnership agreement, the approval of its original review department shall be required.

If a law firm changes its domicile or a partner, it shall report the same to its original review department for the record within 15 days from the date of the change.

Article 22: The business of a law firm shall be terminated if:

(1) it fails to maintain the statutory establishment conditions and after expiration of a rectification period it still fails to satisfy the conditions;

(2) its law firm's practice certificate is revoked in accordance with the law;

(3) it itself decides on dissolution; or

(4) another circumstance requiring termination as specified in laws or administrative regulations arises.

When the business of a law firm is terminated, its practice certificate shall be cancelled by the department that issued such certificate.

Article 23: A law firm shall establish and enhance systems such as a practice management system, conflict checking system, billing and finance management system, complaint handling system, annual assessment system and file management system, and monitor the compliance by its lawyers with professional ethics and practice discipline in the course of their practice activities.

Article 24: Each year, after the annual assessment, a law firm shall submit to the judicial administrative department of the city (which are divided into districts) people's government or of the district people's government of the municipality directly under the central government an annual practice report and the results of the assessments of its lawyers' practice.

Article 25: When lawyers accept business, the law firm as a whole shall accept the appointment, execute written appointment contracts with the clients, collect the fees in accordance with state provisions and truthfully enter them in its accounts.

A law firm and its lawyers shall pay taxes in accordance with the law.

Article 26: A law firm and its lawyers may not solicit business through improper means such as denigrating other law firms and lawyers, and payment of introduction fees.

Article 27: A law firm may not engage in business activities other than the provision of legal services.

PART FOUR: BUSINESS, RIGHTS AND OBLIGATIONS OF LAWYERS

Article 28: A lawyer may engage in the following business:

(1) accepting the appointments of natural persons, legal persons or other organizations to serve as their legal counsel;

(2) accepting the appointments of parties involved in civil or administrative cases to represent them in the legal actions;

(3) accepting the appointments of suspects in criminal cases to provide them legal advice, file petitions and complaints on their behalves and apply for bail for suspects who have been arrested, accepting the appointments of suspects or defendants or the designations of people's courts to serve as defence counsel, or accepting the appointments of private prosecutors in private prosecution cases or of victims or their close family members in public prosecution cases to represent them in the legal actions;

(4) accepting appointments to file petitions in various types of lawsuits on behalf of clients;

(5) accepting appointments to participate in mediation or arbitration activities;

(6) accepting appointments to provide non-litigation legal services; and

(7) answering legal queries, preparing litigation documents and other documents concerning legal matters on behalf of clients.

Article 29: When a lawyer acts as legal counsel he/she shall, as agreed, provide to the client legal advice on relevant legal issues, draft and review legal documents, represent the client in litigation, mediation or arbitration activities, handle other entrusted legal matters and safeguard the lawful rights and interests of the client.

Article 30: When a lawyer acts as an agent in litigation legal matters or non-litigation legal matters, he/she shall safeguard the lawful rights and interests of the client to the extent of his/her entrusted authority.

Article 31: When a lawyer acts as a defence counsel, he/she shall, based on the facts and the law, present materials and arguments to prove that the suspect or defendant is innocent or that his/her crime was not serious or present materials and arguments that would lighten or exempt the criminal liability of the suspect or defendant, and shall safeguard the lawful rights and interests of the suspect or defendant.

Article 32: A client may refuse to have his/her appointed lawyer continue to defend or represent him/her and may appoint another lawyer to act in his/her defence or to represent him/her.

Once a lawyer has accepted an appointment, he/she may not refuse to defend or represent the client without legitimate reason. However, if the entrusted matter violates the law, the client uses the services provided by the lawyer to engage in illegal activities or the client deliberately conceals important facts relating to the case, the lawyer shall have the right to refuse to defend or represent the client.

Article 33: An appointed lawyer shall have the right to meet the suspect or defendant and be informed of matters pertaining to the case on the strength of his/her lawyer's practice certificate, proof of the law firm and a letter of engagement or official legal aid letter from the first time the suspect is questioned by the investigative authority or the date on which enforcement measures are taken against him/her. The lawyer's meeting with the suspect or defendant shall not be subject to monitoring.

Article 34: An appointed lawyer shall have the right to review, take notes of and copies of litigation documents relating to the case and case materials from the date of review and decision on prosecution of the case. The appointed lawyer shall have the right to review, take notes of and copies of all documents relating to the case from the date the people's court accepts the case.

Article 35: The appointed lawyer may, as required by the case, apply to the people's procuratorate or people's court for the collection and turnover of evidence or apply to the people's court to notify witnesses to appear in court to give testimony.

If a lawyer himself/herself conducts an investigation and gathers evidence, he/she may investigate circumstances relating to the legal matter he/she has undertaken from the relevant work units or individuals on the strength of his/her lawyer's practice certificate and proof of his/her law firm.

Article 36: When a lawyer acts as an agent ad litem or defence counsel, his/her right of argument or of providing a defence shall be protected in accordance with the law.

Article 37: The personal rights that a lawyer has in his/her practice activities may not be infringed upon.

The arguments that a lawyer makes in court when representing or acting in defence of his/her client shall not be subject to legal pursuit. However, statements that jeopardize state security, maliciously slander others or seriously disturb court order shall be excepted.

If a lawyer, while participating in litigation activities, is detained or arrested in accordance with the law on suspicion of having committed a criminal offence, the authority that detained or arrested him/her shall notify his/her family, the law firm with which he/she serves and the lawyer's association of which he/she is a member within 24 hours after his/her detention or arrest.

Article 38: A lawyer shall keep the state secrets and trade secrets he/she learns in the course of his/her practice activities confidential and may not divulge the private matters of concerned parties.

A lawyer shall keep confidential the matters and information that the client or others do not wish to be divulged and that he/she learns in the course of his/her practice activities. However, facts and information pertaining to a criminal offence that jeopardizes state security, public safety or seriously jeopardizes the safety of others or others' property that the client or another is preparing to commit or currently committing shall be excepted.

Article 39: A lawyer may not represent both parties in a case or represent a client in a legal matter in which he/she personally or a close family member has a conflict of interest.

Article 40: A lawyer may not commit any of the following acts in the course of his/her practice activities:

(1) accepting an appointment or charging fees privately, or accepting property or other benefits from the client;

(2) using the conveniences afforded him/her in his/her provision of legal services to seek the disputed rights and interests of the concerned party;

(3) accepting property or other benefits from the other party, or maliciously colluding with the other party or a third party to infringe upon the rights and interests of his/her client;

(4) meeting a judge, procurator, arbitrator or other relevant working personnel in violation of provisions;

(5) offering a bribe, introducing a bribe, or instructing or inducing the concerned party to offer a bribe to, a judge, procurator, arbitrator or other relevant working personnel, or using other improper means to influence a judge, procurator, arbitrator or other relevant working personnel in their handling of a case in accordance with the law;

(6) deliberately providing false evidence, or threatening or inducing another to provide false evidence, or hampering the other party in lawfully obtaining evidence;

(7) instigating or inciting the concerned party to take illegal means such as disturbing public order and threatening public safety to resolve the dispute; or

(8) disturbing the order of the court or arbitration tribunal or obstructing the normal conduct of the litigation or arbitration activities.

Article 41: A lawyer who previously served as a judge or procurator may not act as an agent ad litem or defence counsel for a period of two years after leaving the people's court or people's procuratorate.

Article 42: Lawyers and law firms shall perform their legal aid obligations in accordance with state provisions, provide legal services that are up-to-standard to legal aid recipients and safeguard the lawful rights and interests of legal aid recipients.

PART FIVE: LAWYERS' ASSOCIATIONS

Article 43: Lawyers' associations are social organizations with legal personality and the self-regulatory organizations of lawyers.

Nationally there shall be the All China Lawyers Association and there shall be local lawyers' associations in the provinces, autonomous regions and municipalities directly under the central government, and local lawyers' associations may be established in cities divided into districts as required.

Article 44: The charter of the All China Lawyers Association shall be formulated by the national congress of members' representatives and submitted to the State Council's judicial administrative department for the record.

The charter of a local lawyers' association shall be formulated by the local congress of members' representatives and shall be submitted to the judicial administrative department at the same level for the record. The charter of a local lawyers' association may not conflict with the charter of the All China Lawyers Association.

Article 45: Lawyers and law firms shall join the lawyers' association of the place where they are located. Lawyers and law firms that join a local lawyers' association shall automatically become members of the All China Lawyers Association.

Members of a lawyers' association shall enjoy the rights and perform the obligations specified in the charter of such association.

Article 46: A lawyers' association shall perform the following duties:

(1) ensuring that lawyers' practice is in accordance with the law and safeguarding the lawful rights and interests of lawyers;

(2) summarizing and conducting exchanges on lawyers' work experiences;

(3) formulating industry standards and punishment rules;

(4) organizing legal training and education on professional ethics and practice discipline, and assessing the practice activities of lawyers;

(5) organizing and managing the training activities of persons applying to practise as lawyers and assessing such trainees;

(6) rewarding and punishing lawyers and law firms;

(7) accepting complaints or reports against lawyers, mediating in disputes that arise in the course of lawyers' practice activities and accepting complaints from lawyers; and

(8) other obligations as specified in laws, administrative regulations, rules and the charter of the lawyers' association.

The industry standards and punishment rules formulated by a lawyers' association may not conflict with relevant laws, administrative regulations, or rules.

PART SIX: LEGAL LIABILITY

Article 47: If a lawyer commits any of the acts set forth below, he/she shall be given a warning and may be fined at a maximum of Rmb5,000 by the judicial administrative department of the city (which are divided into districts) people's government or of the district people's government of the municipality directly under the central government; if there is illegal income, such income shall be confiscated; if the circumstances are serious, he/she shall be suspended from practice for less than three months:

(1) he/she practises simultaneously with two or more law firms;

(2) he/she solicits business using improper means;

(3) he/she represents both parties in a case or represents a client in a legal matter in which he/she or a close family member has a conflict of interest;

(4) he/she acts as an agent ad litem or defence counsel within two years after leaving a people's court or people's procuratorate; or

(5) he/she refuses to perform his/her legal aid obligations.

Article 48: If a lawyer commits any of the acts set forth below, he/she shall be given a warning and may be fined at a maximum of Rmb10,000 by the judicial administrative department of the city (which are divided into districts) people's government or of the district people's government of the municipality directly under the central government; if there is illegal income, such income shall be confiscated; if the circumstances are serious, he/she shall be suspended from practice for not less than three months to not more than six months:

(1) he/she privately accepts an appointment and charges fees therefor, or accepts property or other benefits from a client;

(2) after accepting an appointment he/she refuses to defend or represent the client without legitimate reason, or fails to appear in court or before the tribunal on time to participate in the lawsuit or arbitration;

(3) he/she uses the conveniences afforded him/her in his/her provision of legal services to seek the disputed rights and interests of the concerned party; or

(4) he/she divulges trade secrets or people's private matters.

Article 49: If a lawyer commits any of the acts set forth below, he/she shall be suspended from practice for not less than six months to not more than one year and may be fined at a maximum of Rmb50,000 by the judicial administrative department of the city (which are divided into districts) people's government or of the district people's government of the municipality directly under the central government; if there is illegal income, such income shall be confiscated; if the circumstances are serious, his/her lawyer's practice certificate shall be revoked by the judicial administrative department of the people's government of the province, autonomous region or municipality directly under the central government; if a criminal offence is constituted, his/her criminal liability shall be pursued in accordance with the law:

(1) he/she meets a judge, procurator, arbitrator or relevant working personnel in violation of provisions or uses other improper means to influence them in their handling of the case in accordance with the law;

(2) he/she offers a bribe, introduces a bribe, or instructs or induces the concerned party to offer a bribe to, a judge, procurator, arbitrator or other relevant working personnel;

(3) he/she submits fraudulent materials to the judicial administrative department or commits another act of fraud;

(4) he/she deliberately provides false evidence, or threatens or induces another to provide false evidence, or hampers the other party in lawfully obtaining evidence;

(5) he/she accepts property or other benefits from the other party, or maliciously colludes with the other party or a third party to infringe upon the rights and interests of his/her client;

(6) he/she disrupts the order of the court or arbitration tribunal or interferes with the normal conduct of the litigation or arbitration activities;

(7) he/she instigates or incites the concerned party to take illegal means such as disrupting public order and threatening public safety to resolve the dispute;

(8) he/she makes statements that jeopardize state security, maliciously slanders others or seriously disrupts court order; or

(9) he/she divulges state secrets.

If a lawyer deliberately commits a criminal offence and is subjected to criminal punishment, the judicial administrative department of the people's government of the province, autonomous region or municipality directly under the central government shall revoke his/her lawyer's practice certificate.

Article 50: If a law firm commits any of the acts set forth below, it shall, depending on the circumstances, be given a warning or may be ordered to suspend operations and undergo rectification for not less than one month to not more than six months and may be fined at a maximum of Rmb100,000 by the judicial administrative department of the city (which are divided into districts) people's government or of the district people's government of the municipality directly under the central government; if there is illegal income, such income shall be confiscated; if the circumstances are particularly serious, its law firm's practice certificate shall be revoked by the judicial administrative department of the people's government of the province, autonomous region or municipality directly under the central government:

(1) it accepts an appointment or charges fees in violation of provisions;

(2) it violates the statutory procedure in carrying out a change in its name, person in charge, articles of association, partnership agreement, domicile, partner or other such major particular;

(3) it engages in business activities other than the provision of legal services;

(4) it solicits business through improper means such as denigrating other law firms and lawyers and payment of introduction fees;

(5) it, in violation of provisions, accepts a case in which it has a conflict of interest;

(6) it refuses to perform its legal aid obligations;

(7) it submits fraudulent materials to the judicial administrative department or commits another act of fraud; or

(8) it is negligent in the management of its lawyers, resulting in serious consequences.

If a law firm is subjected to punishment as a result of committing a violation of the law as set forth in the preceding paragraph, its person in charge shall, depending on the seriousness of the circumstances, be given a warning or fined at a maximum of Rmb20,000.

Article 51: If a lawyer, within one year after being given a warning for a violation of this Law, commits another act for which the giving of a warning is prescribed, he/she shall be suspended from practice for not less than three months to not more than one year by the judicial administrative department of the city (which are divided into districts) people's government or of the district people's government of the municipality directly under the central government. If, within two years after the expiration of his/her suspension, a lawyer commits another act for which a suspension from practice is prescribed, his/her lawyer's practice certificate shall be revoked by the judicial administrative department of the people's government of the province, autonomous region or municipality directly under the central government.

If a law firm, within two years after the expiration of a suspension of operations and rectification for a violation of this Law, commits another act for which a suspension of operations and rectification are prescribed, its law firm's practice certificate shall be revoked by the judicial administrative department of the people's government of the province, autonomous region or municipality directly under the central government.

Article 52: The judicial administrative department of a people's government at the county level shall conduct day-to-day oversight of the practice activities of a lawyer or law firm and shall order rectification for any issues discovered in the monitoring. It shall conduct an investigation in a timely manner in respect of a complaint by a concerned party. If the judicial administrative department of a people's government at the county level is of the opinion that an illegal act committed by a lawyer or law firm is deserving of an administrative penalty, it shall recommend to the judicial administrative department at the next higher level that such penalty be imposed.

Article 53: A lawyer who is suspended from practice for at least six months may not become a partner until three years have elapsed after the expiration of his/her suspension.

Article 54: If a lawyer practises in violation of the law or causes a concerned party to incur a loss due to negligence, the law firm with which he/she serves shall be liable for damages. After the law firm has paid the damages, it may recover the same from the lawyer that committed the deliberate act or was seriously negligent.

Article 55: If a person who does not have a lawyer's practice certificate engages in the provision of legal services in the capacity of a lawyer, he/she shall be ordered to stop his/her illegal practice, his/her illegal income shall be confiscated and he/she shall be fined not less than one time and not more than five times his/her illegal income by the judicial administrative department of the local people's government at the county level or above where he/she is located.

Article 56: If a member of the working personnel of a judicial administrative department violates this Law by abusing his/her authority or being derelict in his/her duties and the same constitutes a criminal offence, his/her criminal liability shall be pursued in accordance with the law. If a criminal offence is not constituted, he/she shall be disciplined in accordance with the law.

PART SEVEN: SUPPLEMENTARY PROVISIONS

Article 57: This Law shall apply to the obtaining of legal qualifications and the rights, obligations and codes of conduct of military lawyers who provide legal services to the military. The specific measures for the administration of military lawyers shall be formulated by the State Council and the Central Military Commission.

Article 58: The measures for the administration of foreign law firms that set up offices in the People's Republic of China to engage in the provision of legal services shall be formulated by the State Council.

Article 59: The measures for the charging of fees by lawyers shall be formulated by the State Council's department in charge of pricing together with the State Council's judicial administrative department.

Article 60: This Law shall be effective as of June 1 2008.