According to the relevant laws and regulations, lawyers can only practice in one institution and cannot work part-time, except those who are engaged in legal teaching and legal research. Lawyers must pass the legal professional qualification examination and obtain the lawyer's practice certificate according to law before they can practice.
The difference between full-time lawyers and practicing lawyers lies in the different types of personnel.
1. A full-time lawyer refers to a person who has obtained a lawyer's qualification or a legal professional qualification certificate, practiced in a law firm for one year, and obtained a full-time lawyer's practice certificate, specializing in lawyer work;
2. A practicing lawyer refers to a legal lawyer who has passed the national judicial examination and obtained a lawyer's practice certificate according to law.
The procedures for transferring lawyers are as follows:
1. Submit the transfer application: the lawyer submits the prepared relevant materials and submits the transfer application to the local lawyers association;
2. Review and reply: the local lawyers association will review the submitted application and send a reply within three working days;
3. Handling procedures: If approved, the lawyer needs to go to the original law firm to handle the handover procedures, including cleaning up the original files;
4. Registration: the lawyer will go to the new firm to handle the registration materials with all the completed relevant procedures;
5. Obtain the qualification certificate: after completing the formalities, the new firm will issue the qualification certificate and the certificate will be issued to the local lawyers association;
6. Registration: Finally, lawyers need to report to the local bar association, pay a certain registration fee, and complete the transfer procedures.
To sum up, the relevant laws stipulate that lawyers can only practice in one practice institution and cannot work part-time, except those engaged in legal teaching and legal research. Lawyers must pass the legal professional qualification examination and obtain the lawyer's practice certificate according to law before they can practice.
Legal basis:
Article 6 of the Lawyers Law of People's Republic of China (PRC)
To apply for practicing as a lawyer, an application shall be submitted to the judicial administrative department of the people's government of a city divided into districts or a municipality directly under the Central Government. The department accepting the application shall conduct an examination within 20 days from the date of acceptance, and submit the examination opinions and all application materials to the judicial administrative department of the people's government of a province, autonomous region or municipality directly under the Central Government. The judicial administrative departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall, within 10 days from the date of receiving the submitted materials, make a review and make a decision on whether to approve the practice. If the practice is approved, the lawyer's practice certificate shall be issued to the applicant; If it is not allowed to practice, it shall explain the reasons in writing to the applicant.
Article 9
Under any of the following circumstances, the judicial administrative department of the people's government of a province, autonomous region or municipality directly under the Central Government shall revoke the decision to grant practice and cancel the lawyer's practice certificate of the person who has been granted practice.
Article 10
Lawyers can only practice in one law firm. A lawyer who changes his practice institution shall apply for a new lawyer's practice certificate.
Article 12
Personnel engaged in legal education and research in institutions of higher learning and scientific research who meet the requirements specified in Article 5 of this Law may apply for part-time lawyer practice with the consent of their units and in accordance with the procedures specified in Article 6 of this Law.