PRC Lawyers Law (Revised in 2012)
中华人民共和国律师法 (2012年修正)
With the new revision, even if the client or another party's criminal act will seriously harm the safety of others' property, a lawyer is still bound by the confidentiality obligation.
(Adopted at the 29th Session of the Standing Committee of the 11th National People's Congress on October 26 2012 and effective as of January 1 2013.)
(第十一届全国人民代表大会常务委员会第二十九次会议于二零一二年十月二十六日通过，自二零一三年一月一日起施行。)
中华人民共和国主席令 (十一屇第64号)
第一章 总 则
第一条 为了完善律师制度，规范律师执业行为，保障律师依法执业，发挥律师在社会主义法制建设中的作用，制定本法。
第二条 本法所称律师，是指依法取得律师执业证书，接受委托或者指定，为当事人提供法律服务的执业人员。
律师应当维护当事人合法权益，维护法律正确实施，维护社会公平和正义。
第三条 律师执业必须遵守宪法和法律，恪守律师职业道德和执业纪律。
律师执业必须以事实为根据，以法律为准绳。
律师执业应当接受国家、社会和当事人的监督。
律师依法执业受法律保护，任何组织和个人不得侵害律师的合法权益。
第四条 司法行政部门依照本法对律师、律师事务所和律师协会进行监督、指导。
第二章 律师执业许可
第五条 申请律师执业，应当具备下列条件：
（一）拥护中华人民共和国宪法；
（二）通过国家统一司法考试；
（三）在律师事务所实习满一年；
（四）品行良好。
实行国家统一司法考试前取得的律师资格凭证，在申请律师执业时，与国家统一司法考试合格证书具有同等效力。
第六条 申请律师执业，应当向设区的市级或者直辖市的区人民政府司法行政部门提出申请，并提交下列材料：
（一）国家统一司法考试合格证书；
（二）律师协会出具的申请人实习考核合格的材料；
（三）申请人的身份证明；
（四）律师事务所出具的同意接收申请人的证明。
申请兼职律师执业的，还应当提交所在单位同意申请人兼职从事律师职业的证明。
受理申请的部门应当自受理之日起二十日内予以审查，并将审查意见和全部申请材料报送省、自治区、直辖市人民政府司法行政部门。省、自治区、直辖市人民政府司法行政部门应当自收到报送材料之日起十日内予以审核，作出是否准予执业的决定。准予执业的，向申请人颁发律师执业证书；不准予执业的，向申请人书面说明理由。
第七条 申请人有下列情形之一的，不予颁发律师执业证书：
（一）无民事行为能力或者限制民事行为能力的；
（二）受过刑事处罚的，但过失犯罪的除外；
（三）被开除公职或者被吊销律师执业证书的。
第八条 具有高等院校本科以上学历，在法律服务人员紧缺领域从事专业工作满十五年，具有高级职称或者同等专业水平并具有相应的专业法律知识的人员，申请专职律师执业的，经国务院司法行政部门考核合格，准予执业。具体办法由国务院规定。
第九条 有下列情形之一的，由省、自治区、直辖市人民政府司法行政部门撤销准予执业的决定，并注销被准予执业人员的律师执业证书：
（一）申请人以欺诈、贿赂等不正当手段取得律师执业证书的；
（二）对不符合本法规定条件的申请人准予执业的。
第十条 律师只能在一个律师事务所执业。律师变更执业机构的，应当申请换发律师执业证书。
律师执业不受地域限制。
第十一条 公务员不得兼任执业律师。
律师担任各级人民代表大会常务委员会组成人员的，任职期间不得从事诉讼代理或者辩护业务。
第十二条 高等院校、科研机构中从事法学教育、研究工作的人员，符合本法第五条规定条件的，经所在单位同意，依照本法第六条规定的程序，可以申请兼职律师执业。
第十三条 没有取得律师执业证书的人员，不得以律师名义从事法律服务业务；除法律另有规定外，不得从事诉讼代理或者辩护业务。
第三章 律师事务所
第十四条 律师事务所是律师的执业机构。设立律师事务所应当具备下列条件：
（一）有自己的名称、住所和章程；
（二）有符合本法规定的律师；
（三）设立人应当是具有一定的执业经历，且三年内未受过停止执业处罚的律师；
（四）有符合国务院司法行政部门规定数额的资产。
第十五条 设立合伙律师事务所，除应当符合本法第十四条规定的条件外，还应当有三名以上合伙人，设立人应当是具有三年以上执业经历的律师。
合伙律师事务所可以采用普通合伙或者特殊的普通合伙形式设立。合伙律师事务所的合伙人按照合伙形式对该律师事务所的债务依法承担责任。
第十六条 设立个人律师事务所，除应当符合本法第十四条规定的条件外，设立人还应当是具有五年以上执业经历的律师。设立人对律师事务所的债务承担无限责任。
第十七条 申请设立律师事务所，应当提交下列材料：
（一）申请书；
（二）律师事务所的名称、章程；
（三）律师的名单、简历、身份证明、律师执业证书；
（四）住所证明；
（五）资产证明。
设立合伙律师事务所，还应当提交合伙协议。
第十八条 设立律师事务所，应当向设区的市级或者直辖市的区人民政府司法行政部门提出申请，受理申请的部门应当自受理之日起二十日内予以审查，并将审查意见和全部申请材料报送省、自治区、直辖市人民政府司法行政部门。省、自治区、直辖市人民政府司法行政部门应当自收到报送材料之日起十日内予以审核，作出是否准予设立的决定。准予设立的，向申请人颁发律师事务所执业证书；不准予设立的，向申请人书面说明理由。
第十九条 成立三年以上并具有二十名以上执业律师的合伙律师事务所，可以设立分所。设立分所，须经拟设立分所所在地的省、自治区、直辖市人民政府司法行政部门审核。申请设立分所的，依照本法第十八条规定的程序办理。
合伙律师事务所对其分所的债务承担责任。
第二十条 国家出资设立的律师事务所，依法自主开展律师业务，以该律师事务所的全部资产对其债务承担责任。
第二十一条 律师事务所变更名称、负责人、章程、合伙协议的，应当报原审核部门批准。
律师事务所变更住所、合伙人的，应当自变更之日起十五日内报原审核部门备案。
第二十二条 律师事务所有下列情形之一的，应当终止：
（一）不能保持法定设立条件，经限期整改仍不符合条件的；
（二）律师事务所执业证书被依法吊销的；
（三）自行决定解散的；
（四）法律、行政法规规定应当终止的其他情形。
律师事务所终止的，由颁发执业证书的部门注销该律师事务所的执业证书。
第二十三条 律师事务所应当建立健全执业管理、利益冲突审查、收费与财务管理、投诉查处、年度考核、档案管理等制度，对律师在执业活动中遵守职业道德、执业纪律的情况进行监督。
第二十四条 律师事务所应当于每年的年度考核后，向设区的市级或者直辖市的区人民政府司法行政部门提交本所的年度执业情况报告和律师执业考核结果。
第二十五条 律师承办业务，由律师事务所统一接受委托，与委托人签订书面委托合同，按照国家规定统一收取费用并如实入账。
律师事务所和律师应当依法纳税。
第二十六条 律师事务所和律师不得以诋毁其他律师事务所、律师或者支付介绍费等不正当手段承揽业务。
第二十七条 律师事务所不得从事法律服务以外的经营活动。
第四章 律师的业务和权利、义务
第二十八条 律师可以从事下列业务：
（一）接受自然人、法人或者其他组织的委托，担任法律顾问；
（二）接受民事案件、行政案件当事人的委托，担任代理人，参加诉讼；
（三）接受刑事案件犯罪嫌疑人、被告人的委托或者依法接受法律援助机构的指派，担任辩护人，接受自诉案件自诉人、公诉案件被害人或者其近亲属的委托，担任代理人，参加诉讼；
（四）接受委托，代理各类诉讼案件的申诉；
（五）接受委托，参加调解、仲裁活动；
（六）接受委托，提供非诉讼法律服务；
（七）解答有关法律的询问、代写诉讼文书和有关法律事务的其他文书。
第二十九条 律师担任法律顾问的，应当按照约定为委托人就有关法律问题提供意见，草拟、审查法律文书，代理参加诉讼、调解或者仲裁活动，办理委托的其他法律事务，维护委托人的合法权益。
第三十条 律师担任诉讼法律事务代理人或者非诉讼法律事务代理人的，应当在受委托的权限内，维护委托人的合法权益。
第三十一条 律师担任辩护人的，应当根据事实和法律，提出犯罪嫌疑人、被告人无罪、罪轻或者减轻、免除其刑事责任的材料和意见，维护犯罪嫌疑人、被告人的诉讼权利和其他合法权益。
第三十二条 委托人可以拒绝已委托的律师为其继续辩护或者代理，同时可以另行委托律师担任辩护人或者代理人。
律师接受委托后，无正当理由的，不得拒绝辩护或者代理。但是，委托事项违法、委托人利用律师提供的服务从事违法活动或者委托人故意隐瞒与案件有关的重要事实的，律师有权拒绝辩护或者代理。
第三十三条 律师担任辩护人的，有权持律师执业证书、律师事务所证明和委托书或者法律援助公函，依照刑事诉讼法的规定会见在押或者被监视居住的犯罪嫌疑人、被告人。辩护律师会见犯罪嫌疑人、被告人时不被监听。
第三十四条 律师担任辩护人的，自人民检察院对案件审查起诉之日起，有权查阅、摘抄、复制本案的案卷材料。
第三十五条 受委托的律师根据案情的需要，可以申请人民检察院、人民法院收集、调取证据或者申请人民法院通知证人出庭作证。
律师自行调查取证的，凭律师执业证书和律师事务所证明，可以向有关单位或者个人调查与承办法律事务有关的情况。
第三十六条 律师担任诉讼代理人或者辩护人的，其辩论或者辩护的权利依法受到保障。
第三十七条 律师在执业活动中的人身权利不受侵犯。
律师在法庭上发表的代理、辩护意见不受法律追究。但是，发表危害国家安全、恶意诽谤他人、严重扰乱法庭秩序的言论除外。
律师在参与诉讼活动中涉嫌犯罪的，侦查机关应当及时通知其所在的律师事务所或者所属的律师协会；被依法拘留、逮捕的，侦查机关应当依照刑事诉讼法的规定通知该律师的家属。
第三十八条 律师应当保守在执业活动中知悉的国家秘密、商业秘密，不得泄露当事人的隐私。
律师对在执业活动中知悉的委托人和其他人不愿泄露的有关情况和信息，应当予以保密。但是，委托人或者其他人准备或者正在实施危害国家安全、公共安全以及严重危害他人人身安全的犯罪事实和信息除外。
第三十九条 律师不得在同一案件中为双方当事人担任代理人，不得代理与本人或者其近亲属有利益冲突的法律事务。
第四十条 律师在执业活动中不得有下列行为：
（一）私自接受委托、收取费用，接受委托人的财物或者其他利益；
（二）利用提供法律服务的便利牟取当事人争议的权益；
（三）接受对方当事人的财物或者其他利益，与对方当事人或者第三人恶意串通，侵害委托人的权益；
（四）违反规定会见法官、检察官、仲裁员以及其他有关工作人员；
（五）向法官、检察官、仲裁员以及其他有关工作人员行贿，介绍贿赂或者指使、诱导当事人行贿，或者以其他不正当方式影响法官、检察官、仲裁员以及其他有关工作人员依法办理案件；
（六）故意提供虚假证据或者威胁、利诱他人提供虚假证据，妨碍对方当事人合法取得证据；
（七）煽动、教唆当事人采取扰乱公共秩序、危害公共安全等非法手段解决争议；
（八）扰乱法庭、仲裁庭秩序，干扰诉讼、仲裁活动的正常进行。
第四十一条 曾经担任法官、检察官的律师，从人民法院、人民检察院离任后二年内，不得担任诉讼代理人或者辩护人。
第四十二条 律师、律师事务所应当按照国家规定履行法律援助义务，为受援人提供符合标准的法律服务，维护受援人的合法权益。
第五章 律师协会
第四十三条 律师协会是社会团体法人，是律师的自律性组织。
全国设立中华全国律师协会，省、自治区、直辖市设立地方律师协会，设区的市根据需要可以设立地方律师协会。
第四十四条 全国律师协会章程由全国会员代表大会制定，报国务院司法行政部门备案。
地方律师协会章程由地方会员代表大会制定，报同级司法行政部门备案。地方律师协会章程不得与全国律师协会章程相抵触。
第四十五条 律师、律师事务所应当加入所在地的地方律师协会。加入地方律师协会的律师、律师事务所，同时是全国律师协会的会员。
律师协会会员享有律师协会章程规定的权利，履行律师协会章程规定的义务。
第四十六条 律师协会应当履行下列职责：
（一）保障律师依法执业，维护律师的合法权益；
（二）总结、交流律师工作经验；
（三）制定行业规范和惩戒规则；
（四）组织律师业务培训和职业道德、执业纪律教育，对律师的执业活动进行考核；
（五）组织管理申请律师执业人员的实习活动，对实习人员进行考核；
（六）对律师、律师事务所实施奖励和惩戒；
（七）受理对律师的投诉或者举报，调解律师执业活动中发生的纠纷，受理律师的申诉；
（八）法律、行政法规、规章以及律师协会章程规定的其他职责。
律师协会制定的行业规范和惩戒规则，不得与有关法律、行政法规、规章相抵触。
第六章 法律责任
第四十七条 律师有下列行为之一的，由设区的市级或者直辖市的区人民政府司法行政部门给予警告，可以处五千元以下的罚款；有违法所得的，没收违法所得；情节严重的，给予停止执业三个月以下的处罚：
（一）同时在两个以上律师事务所执业的；
（二）以不正当手段承揽业务的；
（三）在同一案件中为双方当事人担任代理人，或者代理与本人及其近亲属有利益冲突的法律事务的；
（四）从人民法院、人民检察院离任后二年内担任诉讼代理人或者辩护人的；
（五）拒绝履行法律援助义务的。
第四十八条 律师有下列行为之一的，由设区的市级或者直辖市的区人民政府司法行政部门给予警告，可以处一万元以下的罚款；有违法所得的，没收违法所得；情节严重的，给予停止执业三个月以上六个月以下的处罚：
（一）私自接受委托、收取费用，接受委托人财物或者其他利益的；
（二）接受委托后，无正当理由，拒绝辩护或者代理，不按时出庭参加诉讼或者仲裁的；
（三）利用提供法律服务的便利牟取当事人争议的权益的；
（四）泄露商业秘密或者个人隐私的。
第四十九条 律师有下列行为之一的，由设区的市级或者直辖市的区人民政府司法行政部门给予停止执业六个月以上一年以下的处罚，可以处五万元以下的罚款；有违法所得的，没收违法所得；情节严重的，由省、自治区、直辖市人民政府司法行政部门吊销其律师执业证书；构成犯罪的，依法追究刑事责任：
（一）违反规定会见法官、检察官、仲裁员以及其他有关工作人员，或者以其他不正当方式影响依法办理案件的；
（二）向法官、检察官、仲裁员以及其他有关工作人员行贿，介绍贿赂或者指使、诱导当事人行贿的；
（三）向司法行政部门提供虚假材料或者有其他弄虚作假行为的；
（四）故意提供虚假证据或者威胁、利诱他人提供虚假证据，妨碍对方当事人合法取得证据的；
（五）接受对方当事人财物或者其他利益，与对方当事人或者第三人恶意串通，侵害委托人权益的；
（六）扰乱法庭、仲裁庭秩序，干扰诉讼、仲裁活动的正常进行的；
（七）煽动、教唆当事人采取扰乱公共秩序、危害公共安全等非法手段解决争议的；
（八）发表危害国家安全、恶意诽谤他人、严重扰乱法庭秩序的言论的；
（九）泄露国家秘密的。
律师因故意犯罪受到刑事处罚的，由省、自治区、直辖市人民政府司法行政部门吊销其律师执业证书。
第五十条 律师事务所有下列行为之一的，由设区的市级或者直辖市的区人民政府司法行政部门视其情节给予警告、停业整顿一个月以上六个月以下的处罚，可以处十万元以下的罚款；有违法所得的，没收违法所得；情节特别严重的，由省、自治区、直辖市人民政府司法行政部门吊销律师事务所执业证书：
（一）违反规定接受委托、收取费用的；
（二）违反法定程序办理变更名称、负责人、章程、合伙协议、住所、合伙人等重大事项的；
（三）从事法律服务以外的经营活动的；
（四）以诋毁其他律师事务所、律师或者支付介绍费等不正当手段承揽业务的；
（五）违反规定接受有利益冲突的案件的；
（六）拒绝履行法律援助义务的；
（七）向司法行政部门提供虚假材料或者有其他弄虚作假行为的；
（八）对本所律师疏于管理，造成严重后果的。
律师事务所因前款违法行为受到处罚的，对其负责人视情节轻重，给予警告或者处二万元以下的罚款。
第五十一条 律师因违反本法规定，在受到警告处罚后一年内又发生应当给予警告处罚情形的，由设区的市级或者直辖市的区人民政府司法行政部门给予停止执业三个月以上一年以下的处罚；在受到停止执业处罚期满后二年内又发生应当给予停止执业处罚情形的，由省、自治区、直辖市人民政府司法行政部门吊销其律师执业证书。
律师事务所因违反本法规定，在受到停业整顿处罚期满后二年内又发生应当给予停业整顿处罚情形的，由省、自治区、直辖市人民政府司法行政部门吊销律师事务所执业证书。
第五十二条 县级人民政府司法行政部门对律师和律师事务所的执业活动实施日常监督管理，对检查发现的问题，责令改正；对当事人的投诉，应当及时进行调查。县级人民政府司法行政部门认为律师和律师事务所的违法行为应当给予行政处罚的，应当向上级司法行政部门提出处罚建议。
第五十三条 受到六个月以上停止执业处罚的律师，处罚期满未逾三年的，不得担任合伙人。
第五十四条 律师违法执业或者因过错给当事人造成损失的，由其所在的律师事务所承担赔偿责任。律师事务所赔偿后，可以向有故意或者重大过失行为的律师追偿。
第五十五条 没有取得律师执业证书的人员以律师名义从事法律服务业务的，由所在地的县级以上地方人民政府司法行政部门责令停止非法执业，没收违法所得，处违法所得一倍以上五倍以下的罚款。
第五十六条 司法行政部门工作人员违反本法规定，滥用职权、玩忽职守，构成犯罪的，依法追究刑事责任；尚不构成犯罪的，依法给予处分。
第七章 附 则
第五十七条 为军队提供法律服务的军队律师，其律师资格的取得和权利、义务及行为准则，适用本法规定。军队律师的具体管理办法，由国务院和中央军事委员会制定。
第五十八条 外国律师事务所在中华人民共和国境内设立机构从事法律服务活动的管理办法，由国务院制定。
第五十九条 律师收费办法，由国务院价格主管部门会同国务院司法行政部门制定。
第六十条 本法自2008年6月1日起施行。
PRC President's Order (No.64 of the 11th 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 organisation 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 organisations 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 or defendants in criminal cases or accepting, in accordance with the law, the assignment of a legal aid organisation 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 defence counsel, he/she shall, based on the facts and the law, submit materials and opinions in support of the suspect or defendant being innocent or the crime being minor, or for mitigation or exemption of his/her criminal liability, and safeguard the suspect's or defendant's litigation rights and other lawful rights and interests.
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: A lawyer acting as defence counsel shall have the right, in accordance with the Criminal Procedure Law, to meet a suspect or defendant in detention or under house arrest on the strength of his/her lawyer's practice licence, proof of his/her law firm and letter of appointment or legal aid letter. Lawyers shall not be monitored when meeting with suspects or defendants.
Article 34: A lawyer acting as defence counsel shall have the right, from the date on which the People's Procuratorate starts reviewing the case for a prosecution decision, to review, take notes from and take copies of the case materials.
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 jeopardise state security, maliciously slander others or seriously disturb court order shall be excepted.
If a lawyer is suspected of having committed a criminal offence in the course of litigation activities, the investigation authority shall notify his/her law firm or the lawyer's association of which he/she is a member in a timely manner. If a lawyer is detained or arrested in accordance with the law, the investigation authority shall notify his/her family in accordance with the Criminal Procedure Law.
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 relevant matters and information to which he/she is privy in the course of his/her practice activities and which clients and other persons do not wish disclosed, with the exception of the facts of and information on a criminal offence that jeopardises national security or public safety, or would seriously jeopardise another's personal safety, that a client or other person is preparing to commit or is in the course of committing.
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 organisations with legal personality and the self-regulatory organisations 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) summarising and conducting exchanges on lawyers' work experiences;
(3) formulating industry standards and punishment rules;
(4) organising legal training and education on professional ethics and practice discipline, and assessing the practice activities of lawyers;
(5) organising 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 jeopardise 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.
clp reference:1440/12.10.26prc reference:中华人民共和国主席令 (十一屇第64号)promulgated:2012-10-26effective:2013-01-01This premium content is reserved for
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