Law firm management
(July 18, 2008 the Department of Justice announced come into force on the date of promulgation, 111th) Chapter I General provisions
First established in order to regulate the law firm, strengthen the supervision and management of law firms, according to the People's Republic of China Law on lawyers (hereinafter referred to as the lawyers Act) and the provisions of other relevant laws and regulations, these measures are formulated. Law firm of lawyers practising in article bodies.
Lawyer's Office should be established by law and to obtain license to practice.
Third law firm should operate according to law, strengthen internal management and supervision of the lawyers act shall bear the corresponding legal responsibility.
No organization or individual may unlawfully interfere with the law firm's business activities may not infringe upon the legitimate interests of law firms.
Judicial administrative organs in accordance with article IV of the lawyers law and the regulations on supervision and guidance of the law firm.
In accordance with the law on lawyers, the Association of the Bar Association and industry standards, industry self-regulation against law firm.
Chapter II establishment of firm conditions
Fifth law firm lawyers partnership establishment, individual lawyers to set up and funded by the State.
Partnership law firms can adopt general partnership or special forms of general partnership established.
Article sixth law firm shall meet the following basic conditions:
(A) has its own name, domicile and articles of Association;
(B) consistent with the law and the lawyer as provided herein;
(C) the establishment shall be have some lawyers who are experienced and professional practice, and not in the three years prior to applying for the establishment ceased to practise penalties;
(D) subject to this regulation the amount of assets.
Article seventh General partnership law firm, and in addition shall comply with the conditions laid down in article sixth of this approach, but should also meet the following conditions:
(A) there is a written partnership agreement;
(B) has established three or more partners as people;
(C) the establishment shall be three years of practice experience and full-time practising lawyer;
(D) has more than 300,000 yuan assets.
Established under article eighth special general partnership law firm, and in addition shall comply with the conditions laid down in article sixth of this approach, but should also meet the following conditions:
(A) there is a written partnership agreement;
(B) more than 20 partnerships established as members;
(C) the establishment shall be three years of practice experience and full-time practising lawyer;
(D) more than 10 million yuan of assets.
Nineth an individual law firm, and in addition shall comply with the conditions laid down in article sixth of this approach, but should also meet the following conditions:
(A) the establishment shall be five years of practice experience and full-time practising lawyer;
(B) the assets of RMB 100,000 or more.
The tenth State-funded law firms, in addition to meeting the General conditions of the lawyers law provides, shall have at least two in accordance with the law on lawyers and full-time practicing lawyer.
State funded law firm, the local county-level judicial administrative bodies to build, apply for establishing a permit must be obtained before the county people's Government departments to allocate preparation, funding guarantees.
The 11th province, autonomous region, municipality directly under the administration of justice organs based on local economic and social development conditions and bar industry development needs appropriate adjustment of these measures of general partnership law firm, special general partnership law firms and individuals setting up assets in a law firm, reported to the Department of Justice for approval.
12th established law firm, name of the application shall comply with the provisions of the Department of Justice relating to the name of law firm management, and should be applied for permission in accordance with the provisions established in name search.
13th head of law firm candidates shall submit when applying for establishment licensing examination approved by the authorities. Head of partnership law firms should be elected by all the partners from the partner; head of the State-funded law firms, selected by our lawyers, agreed by the judicial administrative organs of the County.
Individual law firms to establish who is the Director of the Institute.
The 14th law firm articles should include the following:
(A) the name and address of the law firm;
(B) law firm of purpose;
(C) Organization of law firms;
(D) establish the amounts and sources of assets;
(E) the duties of the head of the law firm, as well as, change procedures;
(Vi) law firm establishment of decision-making, management, responsibility;
(VII) the lawyers ' rights and obligations;
(H) law firm practising, fees, finance, distribution and other key management system;
(I) the law firm dissolution of the subject matter, and the method for its liquidation;
(J) law firms constitutional interpretation, modification of procedures;
(11) other matters set forth.
Establishment of partnership law firm, its Statute shall include the partner name, capital and investment.
Law firm articles of Association shall not contravene the relevant laws, regulations and rules.
Law firm articles of introspection, autonomous region, or municipality directly under the administration of Justice to grant entry into force date of the decision to establish the law firm.
15th the partnership agreement shall specify the following:
(A) partners, including the name, residence, identity card number, the lawyers ' experience;
(B) the partners ' contributions and contribution;
(C) the rights and obligations of the partners;
(D) duties of the head of partnership law firms and changing procedures;
(E) duties, rules of procedure, by the partners;
(F) the partner income distribution and debts;
(G) partnership, withdrawal and removal of conditions and procedures;
(H) the methods and procedures governing the settlement of disputes between partners, liability for breach of a partnership agreement;
(I) explain, modify procedures in the partnership agreement;
(J) other matters set forth.
Partnership agreement shall not contravene the relevant laws, regulations and rules.
Consensus and signed by all partners in the partnership agreement, introspection, autonomous region, municipality directly under the administration of Justice to grant entry into force date of the decision to establish the law firm.
Chapter three law firms to set up licensing procedures
16th law firm set up license, city divided into districts, or municipal district (County) of accepted applications for setting up the administration of Justice and the trial, judicial administrative organs of provinces, autonomous regions and municipalities to audit, whether to approve the establishment of a decision.
17th an application for establishing a law firm should be located, city divided into districts, or municipal district (County) judicial administrative organs to submit the following materials:
(A) the application form for the establishment;
(B) the name, articles of the law firm;
(C) establishment of a list of people, resume, proof of identity, a lawyer's practice certificate, head of the law firm candidates;
(D) the domicile certificate;
Establishment of partnership law firms, should also be submitted to the partnership agreement.
Establishment of State-funded law firms shall submit the certificate from the relevant departments of the people's Governments at the County approved establishment, approval guaranteed funding.
When applying for the establishment permit, the applicant shall truthfully fill in the application form established by the law firm.
18th city divided into districts, or municipal district (County) judicial administrative organs to apply applicant's law firm, should be dealt with separately according to the following conditions:
(A) the application materials are complete and comply with the statutory format, should be inadmissible. (B) the application materials are incomplete or not in compliance with the statutory form, shall, on the spot or from the date of receipt of the application materials in the 5th time inform all applicants need to supplement the content.
Corrections according to the requirements of the applicant, be admissible; fails to tell, from the date of receipt of the application materials shall be accepted.
(C) the application obviously does not meet the statutory requirements or the applicant refuse to rectify, unable to supplement the material inadmissible, and the reasons to the applicant in writing.
19th judicial administrative organs accepting the application shall decide within 20th date of acceptance completed its review of application materials.
In the process of reviewing, you can seek law firms the County judicial administrative organs to be established; requiring investigation to verify the situation and may require the applicant to provide documentation about and may also appoint judicial administrative organs at the county level for verification.
Upon examination, the established law firms should be whether the application meets the legal conditions, materials are true full issue review comments, and will review the comments and submit all application materials province, autonomous region, or municipality directly under the administration of Justice.
20th a province, autonomous region, or municipality directly under the administration of Justice Review Authority shall receive the Authority accepting the application and verifying within 10th of all application materials, whether to approve the decision to establish the law firm.
Granted the establishment shall decide within 10th of law firm licenses issued to the applicant.
Are not allowed to be established, and should state the reason in writing to the applicant. 21st law firm license includes an original and a copy. Original hanging for Office space and copy used for identification.
Copy of the original and has the same legal effect. Law firm license shall contain the content, method, process specifications, licenses, shall be prescribed by the Ministry of Justice.
Practice license made centrally by the Ministry of Justice.
22nd article lawyer firm established applicants should in received practice industry license Hou of 60 days within, according to about provides engraving seal, and open state bank account, and handle tax registration, completed lawyer firm opened of the prepared work, and will engraving of lawyer firm seal, and financial Zhang Yinmo and open state of bank account reported location set district of city level or municipalities of district (County) judicial administrative organ record.
The 23rd under any of the following circumstances, to approve the decision to establish the law firm of province, autonomous region, municipality directly under the administration of Justice established by the authorities to withdraw the original grant decision, recovery and cancellation of law firm license:
(A) the applicant obtained by fraud, bribery or other improper means granted the establishment of decision;
(B) does not meet the statutory requirements of the application or violation of legal procedures to approve the establishment of a decision.
Changes and termination of the fourth chapter law firm 24th law firm changes name, person in charge, of the articles of Association, partnership agreements, should the local city divided into districts, or municipal district (County) judicial review of the Executive after the original examination and approval authority for approval.
Specific measures according to the law firm to set up licensing procedures.
Law firm changes its domicile, partner, shall from the date of change is located in the 15th district of the city or municipal district (County) judicial administrative organs reported to the original the audit record.
25th law firm across County, not divided into districts, municipal district of change of residence, require corresponding changes are responsible for the day-to-day supervision and management in the implementation of the judicial administrative organs, shall, on the filing formalities, by their districts, the municipal judicial administrative organs or municipality directly under the administration of justice authorities will inform the concerned law firm moved to county-level judicial administrative bodies.
Law firm plans to link mobility to other provinces, autonomous regions and municipalities, should be according to the cancellation of the original law firm, the establishment of new procedures in a law firm.
26th partner law firm changes, including the new partner, partner withdrawal, partners from the statutory subject matter or the resolution expelled by the partners. New partner should be born out of full-time practising lawyer, and has three years of practicing experience, except otherwise provided for by the Ministry of Justice.
For more than six months to stop punishment of practicing lawyers, penalty expired less than three years shall not act as partners.
Partner withdrawal, removal, law firms should be in accordance with the law, the statutes and the partnership agreement dealing with related affairs, debts and other property rights.
For partner changes need to amend the partnership agreement, partnership agreement shall be amended in accordance with the provisions of the first paragraph of article 24th of this approach for approval.
27th organization of law firm changes, should be according to the convergence of business, personnel arrangements, disposition of assets, debts and other matters and to make consequential amendments to articles of Association, partnership agreements, in accordance with the provisions of the first paragraph of article 24th of this approach apply to change.
28th law firm is divided or merged, former law firm needs to be change or cancellation of the original law firm, set up a new law firm, should be dealt with according to the relevant law firms business link, personnel arrangements, disposition of assets, debts and other matters, separation agreement or merger agreement and other application materials submitted, in accordance with the relevant provisions of the measures. The 29th was established more than three years and has more than 20 lawyers partnership law firms can establish branch offices. Establish branch offices, subject to the proposed establishment of the seat of the province, autonomous region, or municipality directly under the administration of justice review.
Management of the law firm, separately.
The 30th law firm, one of the following circumstances shall be terminated:
(A) the statutory requirements are not maintained, after rectification still does not meet the criteria;
(B) practising licence is revoked;
(C) decide to dissolve;
(D) other circumstances as stipulated by laws and administrative regulations shall be terminated.
Law firm, after obtaining permission, within six months of not opening or cessation of business activities a year without good reason, considered themselves suspended, shall be terminated.
Law firms are ordered to stop punishment prior to the full term may not decide to dissolve. 31st a law firm after the termination occurs shall be announced to the public, in accordance with the relevant provisions of the settlement, prosecuted, such as divestitures, debt settlement services. Be terminated by revocation of license to practice, make the decision by the judicial administrative organs to society announcements.
Termination for other circumstances, law firm refused to notice, the city divided into districts, or municipal district (County) judicial administrative organs to society announcements.
Law firm after the cause for termination, not accepting new business.
Law firm shall upon completion of the liquidation is located in the 15th district of the city or municipal district (County) judicial administrative organs to submit an application for cancellation, liquidation report, the license to practice, and other related materials, issued by its review advice together with all cancellation applications submitted to the original audit audit organs, for cancellation procedures.
Law firms cancelled, business records, financial records book, the seal for the relocation and disposal, in accordance with the relevant regulations.
The fifth chapter law firm and management rules
32nd law firm shall, in accordance with the law on lawyers and related laws, rules, regulations, and industry standards, establish and improve practice management and other internal management system, strengthen supervision of our lawyers practice.
Lawyers should accept the supervision and management of law firms.
Article 33rd lawyers undertake business, centrally entrusted by the law firm, to enter into a written contract with the client.
Law firms receiving business, shall conduct a conflict of interest review shall not violate the provisions accepted and hosted by the business of the business and their clients have a conflict of interest.
34th firm organize its operations, should guide our lawyers practise according to law, comply with legal assistance obligations, established to undertake difficult cases of collective research and reporting, for lawyers in practice comply with laws, regulations, rules, abide by the professional ethics and practice discipline of oversight, found that the problem be corrected in a timely manner.
35th flat fee law firm shall, in accordance with the relevant provisions, establish and improve the financial management system, investigate reports and complaints on violation fees in a timely manner.
Law firm shall provide for the establishment of a sound financial management system, establish and enforce reasonable distribution system and incentive mechanism.
Law firm should pay taxes according to law.
Legal services of law firm may engage in business activities.
Article 36th partnership law firm and the National Fund shall, in accordance with the provisions of law firms to hire lawyers and support staff deal with unemployment, pensions, health care and other social insurance.
Individual law firms hire lawyers and support staff, should be according to the provisions of the preceding paragraph for it to carry out social security.
37th law firm shall, in accordance with the regulations, establish professional risks, career development as well as social security funds.
Attorneys professional liability insurance of specific measures shall be prescribed separately. 38th lawyers practise law or loss caused by the fault to a party, by the law firm in which liability.
Law firm compensation may have recourse against the willful misconduct or gross negligence of lawyers. General partnership law firm partners bear unlimited joint and several liability for the debts of the law firm. Special of general partnership lawyer firm a a partner or number a partner in practice industry activities in the for deliberately or major fault caused lawyer firm debt of, should bear unlimited responsibility or unlimited joint responsibility, other partner to its in lawyer firm in the of property share limited bear responsibility; partner in practice industry activities in the non-for deliberately or major fault caused of lawyer firm debt, by all partner bear unlimited joint responsibility. Individual law firms set up people to assume unlimited liability for the debts of the law firm.
State-funded law firms, with all of its assets are held accountable for their debts.
39th head of the law firm is responsible for the firm's business activities and internal affairs management, representatives of foreign law firms, shall bear responsibility for illegal acts related to law firm.
Conference partners or lawyers partnership law firms or the decision-making bodies of the State-funded law firms, individual major decisions in a law firm should fully hear the views of lawyers.
Law firm established in accordance with the Statute of the relevant management organization or full-time managers, helping hold the day-to-day management.
40th law firm should be strengthened for the lawyer's professional ethics and practice discipline education, organize business learning and experience-sharing activities and provide conditions for lawyers to participate in professional training and continuing education.
41st law firm shall establish a complaints investigation system, investigate, redress of our lawyers in practice violations, and mediating in disputes between practitioners and clients; thought that they needed to be given administrative punishment or by complaint counsel corrections shall promptly report to the judicial administrative organs or the County Bar Association.
For annual assessment not qualified or serious violations of regulations and management systems by lawyers, law firms can resolve the employment relationship or by its removal by the partners, relevant results reported to the judicial administrative organs and the County Bar Association record.
Has as a partner the law ceased to practise penalties of more than six months, from the date of entry into force of the decision to a penalty after the expiration of three years, not as a partner.
42nd law firm lawyer's annual appraisal system should be established, in accordance with the provisions of our lawyers practice and abide by the professional ethics and practice discipline of assessment, evaluation order, punishments, establishment of solicitors ' files. 43rd article lawyer firm should Yu annual of a quarter by location County judicial administrative organ to set district of city level judicial administrative organ submitted Shang a annual this by practice industry situation report and lawyer practice industry assessment results, municipalities of lawyer firm of practice industry situation report and lawyer practice industry assessment results directly to where area (County) judicial administrative organ submitted, accept judicial administrative organ of annual check assessment.
Specific measures for the annual examination, shall be prescribed by the Ministry of Justice.
44th law firm should be established in accordance with the provisions of comprehensive file management system, to undertake business timely filing of case files and related information, for safekeeping. 45th law firm shall take good care of, the legal use of this license to practice shall not be altered, lend, lease. If the goods are lost or damaged, shall promptly report to the County judicial administrative organs, the local municipal districts or municipalities (counties) justice to the former auditing bodies apply for the issuance or renewal of the executive authorities.
Law firm license lost, the loss shall be published in the local press statement.
Law firms have been revoked, under penalty of revocation of license to practice, the local county-level judicial administrative organs confiscated their license to practice.
Law firm was ordered to stop punishment shall sanction decision until the punishment before the expiry, practice license deposit their judicial administrative organs at the county level.
Sixth chapter, supervision and management of the judicial administrative organs
Article 46th judicial administrative organs at county level within the administrative area of the law firm's day-to-day supervision of the activities of practice management, carry out the following functions:
(A) supervise law firms conducting business activities comply with laws, rules and regulations;
(B) the supervision law firm and the establishment and implementation of the internal management system;
(C) supervise law firms to keep statutory requirements as well as the implementation of the changes for approval or for the record;
(Iv) liquidation, apply for cancellation of the supervision law firm;
(E) supervision and law firm lawyers annual assessment report and summary of practice of the year;
(Vi) acceptance of the law firm of reports and complaints;
(G) to supervise law firms carry out administrative punishments and implement corrective action;
(H) the Ministry of Justice and the judicial administrative organs of provinces, autonomous regions, and municipalities under other functions.
County judicial administrative organ in carried out daily supervision management process in the, on found, and verified of lawyer firm in practice industry and internal management aspects exists of problem, should on lawyer firm head or about lawyer for warning talk, ordered corrected, and on its rectification situation for supervision; on lawyer firm of violations think law should give administrative punishment of, should up level judicial administrative organ proposed punishment recommends; think need give industry disciplinary of, transferred lawyer Association processing.
47th district, the municipal judicial administrative institutions to perform their duties of supervision and management of the following:
(A) to the administrative law firm practising activities and organizational development, team-building, institution-building, development of measures and approaches to strengthen the work of lawyers;
(B) level judicial administrative organs under the guidance and supervision of the day-to-day supervision and management of, organize special supervision and inspection work for law firms, guidance on the law firm investigated complaints case work;
(C) to recognize the law firm;
(D) in accordance with statutory functions and impose administrative penalties on violations of the law firm; the revocation of license to practice should be given punishment in accordance with law, higher level judicial administrative organs suggestion of punishment;
(E) evaluation of work-organization carry out annual checks of law firms;
(F) receive, review of the established law firm, change, cancellation of the established applications;
(VII) establish a law firm records, is responsible for the firm's permission, change, termination and practising of archives information work in public;
(VIII) other duties stipulated by laws, rules and regulations.
Municipalities of the district (County) judicial administrative organs have functions relevant to the provisions of the preceding paragraph.
48th province, autonomous region, or municipality directly under the administration of justice institutions to perform their duties of supervision and management of the following:
(A) business law firm in their respective administrative areas related to development planning and policies, development of law firm management of normative documents;
(B) to the administrative law Office Organization-building, team-building, institution-building and business development;
(C) monitoring, guiding judicial administrative organs at lower levels of supervision and administration, guidance on the law firm's special supervision and annual inspection assessment work;
(D) the recognition of activities of the Organization for law firms;
(E) serious violations of law firms according to law to implement the penalty of revocation of license to practice, level judicial administrative bodies under the supervision of administrative punishments, relevant administrative reviews and appeals;
(F) apply for law firms to set up approval, change approval or for the record, establish branch approval and permit cancellation of practice matters;
(G) information relating to major law firm responsible for the administration of public works;
(VIII) other duties stipulated by laws and regulations.
49th judicial administrative organs and their staff at all levels to supervise and administer the law firm will not affect law firm practise according to law may not infringe upon the legitimate interests of law firms, the property shall not solicit or accept a law firm and its lawyers, not seeking any other interests.
50th judicial administrative organs should strengthen the licensing level monitoring and management activities, establishing work pursuant to the provisions of statistics, ask for instructions, reporting and supervision systems.
Is responsible for the implementation of law firm license, annual examination judicial administrative organs or reward, punishment, licensing decisions shall, without delay, examination results or rewards and punishments briefing the lower judicial administrative authority and submitted to the judicial administrative organs at a higher level.
51st judicial administrative organs should strengthen the guidance and supervision of the Lawyers Association, support in accordance with the law on lawyers of the Bar Association and the Association, industry norms for law firms to implement self-regulation, establish and improve the administrative and coordination, collaboration, combining industry self-regulation mechanisms.
52nd judicial administrative organs at all levels should regularly to the administrative law Office of organization, personnel, business statistics, management of the year work Summary submitted to the judicial administrative organs at a higher level.
53rd judicial administrative personnel in law firms to set up licensing and implementation of regulatory activity, abuse of power, dereliction of duty, constitute a crime, criminal responsibility shall be investigated according to law; do not constitute a crime, administrative sanctions according to law.
The seventh chapter by-laws
54th provincial, autonomous region, municipality directly under the administration of justice bodies can be based on these measures, formulate specific implementing measures, reported to the Justice Department filing. 55th article of the rules as of the date of promulgation. Previously established by the Ministry of Justice on law firm management, regulations and regulatory documents of inconsistent with this approach, is subject to this approach.