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Lawyers Law of China (2017)

律师法

Type of laws Law

Issuing body Standing Committee of the National People's Congress

Promulgating date Sep 01, 2017

Effective date Jan 01, 2018

Validity status Valid

Scope of application Nationwide

Topic(s) Judicial System Legal Profession

Editor(s) C. J. Observer

The Lawyers Law was promulgated in 1996, and amended in 2001, 2007, 2012 and 2017 respectively. The latest revision entered into force on January 1, 2018.

There are 60 articles in total.

The key points are as follows:

1.A lawyer referred to in this Law shall mean a practicing person who holds a lawyer practising certificate and is entrusted or appointed by a client to provide legal services.(Article 2)

2.The judicial administrative department shall carry out supervision and guidance over lawyers, law firms and bar associations pursuant to this Law.(Article 4)

3.An applicant applying for approval to practice as a lawyer shall satisfy the following criteria:

(1) he/she shall uphold the Constitution of the People’s Republic of China;

(2) he/she has passed the national unified judicial exam and acquired the legal profession qualification;

(3) he/she has served pupilage in a law firm for a year; and

(4) he/she has good conduct.(Article 5)

4.Under any of the following circumstances, a lawyer practicing certificate shall not be issued to the applicant:

(1) where the applicant has no capacity or limited capacity for civil conduct;

(2) where the applicant was subject to criminal punishment, except for an offence of negligence; or

(3) where the applicant has been expelled from office or has had his/her lawyer or notary practicing certificate revoked.(Article 7)

5.A client may refuse to have his/her lawyer to continue acting as his/her defense counsel or litigation agent and may engage another lawyer to act as his/her defense counsel or litigation agent. Upon accepting an entrustment, a lawyer shall not refuse to defend or represent the client without a proper reason.(Article 32)

6.A lawyer shall keep confidential any related not-to-be-divulged information of a principal or any other person, except for the facts and information relating to the principal or any other person’s criminal intent or conduct of jeopardizing national security, public safety and serious harm to others’ personal safety.(Article 38)

7.A lawyer shall not represent both parties in a same case, and shall not represent a client in a legal affair that has any conflict of interest with himself or his close relative.(Article 39)

8.The specific measures for the administration of establishment of offices by foreign law firms within the territory of the People’s Republic of China to provide legal services shall be made by the State Council.(Article 58)

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