PRC Lawyers Law (Amended)

中华人民共和国律师法 (修订)

November 30, 2007 | BY

clpstaff &clp articles &

Meeting between a lawyer and the suspect or defendant not subject to monitoring.

Clp Reference: 1440/07.10.28 Promulgated: 2007-10-28 Effective: 2008-06-01

Promulgated: October 28 2007
Effective: June 1 2008

Main Contents: The amended Law prohibits a lawyer from representing both parties in a case or representing a client in a legal matter in which he/she personally or a close family member has a conflict of interest (Article 39). 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 41).

As for law firms, they are required to submit to the relevant department an annual practice report and the results of the assessments of its lawyers' practice each year after the annual assessment (Article 24). When lawyers accept business, the law firm as a whole shall accept the appointment, execute a written appointment contracts with the clients, collect the fees in accordance with state provisions and truthfully enter them in its accounts (Article 25).

The amended Law also states that 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 relevant documents 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 33).

clp reference:1440/07.10.28prc reference:中华人民共和国主席令 (十届第76号)promulgated:2007-10-28effective:2008-06-01

This premium content is reserved for
China Law & Practice Subscribers.

  • A database of over 3,000 essential documents including key PRC legislation translated into English
  • A choice of newsletters to alert you to changes affecting your business including sector specific updates
  • Premium access to the mobile optimized site for timely analysis that guides you through China's ever-changing business environment
For enterprise-wide or corporate enquiries, please contact our experienced Sales Professionals at +44 (0)203 868 7546 or [email protected]