Law of the People's Republic of China on Lawyers

(npc.gov.cn)     Updated : 2015-08-17

Article 11 No public servants shall concurrently serve as legal practitioners.

During the period when a lawyer is serving as a component member of the standing committee of a people’s congress at any level, he shall not act as agent ad litem or defender.

Article 12 A person engaged in teaching of or research in law in an institution of higher learning or a research institute who meets the conditions prescribed in Article 5 of this Law may, upon the consent of the unit where he works, apply for practice of law as a part-time lawyer in accordance with the procedure prescribed in Article 6 of this Law.

Article 13 A person who has not obtained a lawyer’s practice certificate shall not provide legal services in the name of lawyer; and he shall not act as agent ad litem or defender, unless otherwise provided for by Law.

Chapter III

Law Firms

Article 14 A law firm is an organization in which lawyers practice law. For the establishment of a law firm, the following conditions shall be met:

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

(2) It is manned with lawyers who conform to the provisions of this Law;

(3) The person who intends to establish the firm shall be a lawyer who has a good deal of experience in the profession and, in the recent three years, who has not been suspended from legal practice by way of punishment;

(4) Its assets are in conformity with the amount specified by the judicial administration department under the state Council.

Article 15 For the establishment of a partnership law firm, in addition to meeting the conditions prescribed in Article 14 of this Law, there shall be three or more partners, and the persons who intends to establish such a firm shall be a lawyer with at least three years of experience in the profession.

A partnership law firm may be established in the form of general partnership or in the form of specialized general partnership. The partners of such a law firm shall, in accordance with law, bear liability for the debts of the law firm in conformity with the form of partnership.

Article 16 For the establishment of a sole partnership law firm,in addition to meeting the conditions prescribed in Article 14 of this Law, the person who intends to establish such a firm shall be a lawyer with at least five years of experience in the profession. He shall bear unlimited liability for the debts of the firm.

Article 17 To apply for the establishment of a law firm, the applicant shall submit the following materials:

(1) the written application;

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

(3) the name list of the lawyers, and their resumes, identity certificates and lawyer’s practice certificates;

(4) certificate of domicile; and

(5) certificate of assets.

To establish a partnership law firm, a partnership agreement shall, in addition, be submitted.

Article 18 For the establishment of a law firm, an application shall be submitted to the judicial administration department of the people’s government of a city divided into districts or of a district of a municipality directly under the Central Government. The department that accepts an application shall, within 20 days from the date it accepts the application, complete examination of the application and submit its opinions formed upon examination and all the application documents to the judicial administration department of the people’s government of a province, autonomous region or municipality directly under the Central Government, which shall, within 10 days from the date it receives the documents submitted, complete examination and verification of the said documents and make a decision on whether to grant the application. If it grants the application, it shall issue the law firm’s practice certificate to the applicant; otherwise, it shall give the reasons to the applicant in writing.

Article 19 A partnership law firm, which has been established for three years or more and has twenty or more professional practitioners, may establish branch offices. The establishment of a branch office shall be subject to the examination and verification by the judicial administration department of the people’s government of the province, autonomous region or municipality directly under the Central Government where the branch office to be established is located. For application for the establishment of a branch office, the procedure as provided for in Article 18 of this Law shall be complied with.

A partnership law firm shall undertake liability for the debts of its branch offices.

Article 20 A law firm established with the funds of the State shall go about its business independently pursuant to law and shall undertake the liability for its debts with its entire assets.

Article 21 When a law firm intends to change its name, replace its leading person, or alter its articles of association or partnership agreement, it shall approach the original examination and verification department for approval.

When a law firm changes its domicile or replaces its partners, it shall, within 15 days from the date such change or replacement takes place, submit the change or replacement to the original examination and verification department for the record.

Article 22 A law firm shall close down under one of the following circumstances:

(1) it cannot keep complying with the statutory conditions for establishment and still fails to meet the conditions after it has undergone rectification within a time limit;

(2) Its law firm’s practice certificate is revoked according to law;

(3) It decides to dissolve of its own accord; or

(4) It is required to close down by laws and administrative regulations under other circumstance.

When a law firm closes down, the practice certificate of the law firm shall be revoked by the department which issued such certificate.

Article 23 A law firm shall establish sound systems for professional management, examination of conflicts of interests, management of charges and financial affairs, investigation into and handling of complaints, annual assessment, archive preservation, etc., and shall see that its lawyers observe the professional ethics and discipline in their legal practice.