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Lawyer transfer issues

As long as the affairs of the original law firm are handled, there is no trouble in changing lawyers. Doing things according to the rules is just a matter of procedures, documents and time. In response to this problem, we will now explain it from four aspects: the basis for processing, the conditions for lawyers to transfer to another firm, the materials required for the transfer, and the time limit for processing.

1. Basis for handling

"Lawyers Law of the People's Republic of China and the People's Republic of China"

"Measures for the Administration of Lawyers' Practice" (the Lawyers Lawyers Law of the People's Republic of China and the People's Republic of China) Ministry of Justice Order No. 112)

"Measures for the Administration of Practicing Certificates of Lawyers and Law Firms" (Ministry of Justice Order No. 119 of the People's Republic of China)

II. Transfer Lawyer conditions of the firm

(1) Lawyers change their practice institutions in the province or need to work as full-time lawyers, part-time lawyers, Hong Kong, Macao, and Taiwan resident lawyers, public and corporate lawyers due to changes in work or identity information, etc. When transferring between legal aid lawyers, if one of the following conditions is met, you can apply for a change of lawyer practice:

1. If you apply for a transfer within the city and have been practicing in the transfer office for six months;

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2. Applying for cross-city transfer;

3. Establishing a new law firm;

4. The original law firm is dissolved or cancelled;

5. Changes in work or identity information;

6. Other situations where changes are truly necessary.

(2) Lawyers who have any of the following circumstances will not be allowed to change their practice:

1. Those who have received administrative penalties for suspension of practice and have not completed the execution;

2. If a law firm is subject to an administrative penalty of suspension of business for rectification and has not completed its execution, the person in charge of the law firm, partners and lawyers who are directly responsible for the administrative penalty of suspension of business for rectification of the law firm;

3. Law Firm Should be terminated, before the liquidation is completed and cancellation is completed, the person in charge of the firm, partners and lawyers directly responsible for the revocation of the law firm's practice license;

4. Application by partners and resident lawyers Transferring out without going through the process of withdrawing from the partnership and withdrawing the registration;

5. Failure to participate in the annual practice assessment as required.

3. Materials required for firm transfer

1. "Application Form for Change of Lawyer's Practice";

2. Lawyer's Practice Certificate;

3. Employment contract signed with the receiving law firm (if the law firm intending to practice law is a branch, the employment contract must be approved and stamped by the head office);

4. Original practice and a list of social insurance purchased by the law firm intending to practice for the applicant (retired personnel and military personnel who have switched careers and choose their own careers do not need to submit this material, but should submit a copy of their retirement certificate or officer's transition certificate);

< p>5. A recent one-inch full-face color photo of the applicant in formal wear (not uniform) without hat and blue background.

Note: The above-mentioned paper materials to be submitted should be in A4 paper format. All materials should be signed by the applicant and filled in with the date of submission; all submitted materials should be originals (except for those that clearly stipulate the submission of copies) ); all submitted photocopied materials should be verified by the original review authority (the Municipal Justice Bureau at or above the prefecture level), stamped with the seal of “The copy is verified to be correct with the original,” and signed or stamped by the checker (the format of the proofreading seal is “XX The verification person of the Public Law Section (Division) of the Municipal Justice Bureau is and valid within the review period; the ID number information in the submitted copy of the legal professional qualification certificate should be consistent with the information contained in the ID card and household registration book. If it is inconsistent, relevant certificates issued by the competent authority should be submitted.

IV. Processing time limit

1. The authority accepting the application shall, within 20 days from the date of deciding to accept the application, issue a review document to determine whether the applicant meets the legal requirements and whether the submitted materials are true and complete. Opinions, and submit the review opinions and all application materials to the Provincial Department of Justice for review;

2. The Provincial Department of Justice shall within 10 days from the date of receipt of the review opinions and all application materials submitted by the agency that accepts the application. Review and decide whether to approve the change of practice;

3. If the change of practice is approved, a lawyer's practice certificate shall be issued to the applicant within 10 days from the date of decision.