Can a lawyer practice in the name of a new firm during the period of application for transfer?

They are not allowed to practise during the transfer period.

Measures for the Administration of Practice Certificates for Lawyers and Law Firms

Article 8. Lawyers and law firms shall use practice certificates in accordance with law. Lawyers' practice shall present a lawyer's practice certificate. Law firms shall hang the original practice certificate in a conspicuous position in the practice place; A copy of the practising certificate is for inspection.

Lawyers Law of the People's Republic of China

Article 10: Lawyers may only practice in one law firm. Where lawyers change their practice organization, they shall apply for a renewal of their lawyers' practice certificates.

There are no geographical restrictions on the practice of lawyers.

Measures for the Administration of Lawyers' Practice

Article 15: The judicial-administrative organs of provinces, autonomous regions, or directly governed municipalities shall review and approve the review opinions and all application materials submitted by the organ accepting the application within 10 days, and make a decision on whether to approve practice.

Where practice is approved, a lawyer's practice certificate shall be issued to the applicant within 10 days of the decision.

Where practice is not permitted, the reasons shall be explained in writing to the applicant.

1. Lawyer's transfer to law firm refers to the situation in which a practicing lawyer changes from one practice institution to another within the administrative region of this province.

2. If the practice institution is changed within the same municipal jurisdiction, it shall be transferred within the city; Where the practice institution is not within the same municipal jurisdiction, it is a cross-city transfer.

3. If a partner applies for a transfer of firms, he or she shall first go through the registration procedures for withdrawing from the partnership; Where a resident lawyer of a law firm's branch applies for a transfer to another firm, he or she shall first go through the formalities for withdrawing the registration of the station.

IV. Application Requirements: If one of the following conditions is met, the transfer-out office agrees to transfer out, and the transfer-in firm agrees to receive, it may apply for transfer to practice: (1) apply for an intra-city transfer office and have been practicing in the transfer-out office for six months; (2) Applying for cross-city transfer; (3) Establishing a new firm or joining a partner to the firm; (4) The original law firm was dissolved or deregistered; (5) Other situations where it is truly necessary to transfer to another facility.

5. In any of the following circumstances, the transfer will not be granted:

1) During the period of suspension of practice;

2) The period for a law firm to receive a punishment for suspension for rectification has not yet expired, and the responsible person or partner of the law firm is directly responsible for the law firm's punishment for suspension for rectification;

3) The law firm shall be terminated, and the responsible person and partners of the law firm bear direct responsibility for the revocation of the law firm's practice license before the liquidation is completed or the cancellation is handled;

4) Where a partner or resident lawyer applies for transfer out but fails to withdraw from the partnership or withdraw the registration of the station;

5) Other cases where the transfer is not granted.

6. Unable to practice during the transfer period.

Documents to be submitted for processing:

1. The lawyer is in a city divided into districts.

Transit offices within the scope.

1. The original application form for a lawyer to change his or her practice institution;

2. The original and photocopy of the certificate of business, case file, property handover and settlement of creditor's rights and debts issued by the original practice institution;

3. The employment contract signed with the new practice machine Natong next to the structure.

Original and photocopy.

4. Recently two inches, blue, frontal, bareheaded, wearing a lawyer's robe**.

2. Transfer to the city's law firm in other cities and places in the province.

Practiced. 1. The original application form for lawyer's practice;

2. The original Application Form for Changing the Practice Organization of a Lawyer;

3. If Dong Oak is not registered in this city, submit a temporary residence permit for more than one year.

Copy; 4. Personnel files.

The original and photocopy of the certificate wheel transferred to the Talent Exchange Center of this city;

5. The original and photocopy of the employment contract signed with the new practice institution.

The documents to be provided do not refer to the labor handbook and social security certificate you are talking about.

Wait. <>

Application conditions: 1. Have practiced in a law firm for one year;

2. The employment contract expires;

3. Establish a new law firm;

4. The original law firm is dissolved or deregistered (not subject to the one-year limit);

5. Other situations that really need to be transferred.

Lawyers who have practiced for less than one year are generally not allowed to transfer firms.

The lawyer needs to provide a certificate of internship of more than one year from the law firm where he or she worked and affix the official seal before he can go to the judicial office to obtain a practice qualification certificate; Otherwise, it is not possible to apply for a lawyer's license to practice law.

If you meet the following conditions, you can also transfer to another office, but you can only transfer within the city:

1. During the internship period, the original law firm received an administrative punishment of suspension of business for rectification or above;

2. Law firms are suspended, merged, deregistered, or revoked by judicial-administrative organs;

3. The law firm does not have an intern supervising lawyer who meets the prescribed requirements;

4. The law firm has received an administrative punishment of suspension of business for rectification, and the penalty period has not yet expired or has not exceeded three years after the expiration of the period;

5. The law firm has received an industry punishment that prohibits the acceptance of interns for internships, and the punishment period has not yet expired.

Legal basis

Lawyers Law of the People's Republic of China

Article 10: Lawyers may only practice in one lawyer's firm. Where lawyers change their practice organization, they shall apply for a renewal of their lawyers' practice certificates.

There are no geographical restrictions on the practice of lawyers.

Article 11: Civil servants must not concurrently serve as practicing lawyers.

Where lawyers serve as members of the standing committees of people's congresses at all levels, they must not engage in litigation or defense during their term of office. Article 14: Law firms are lawyers' practice bodies. The establishment of a law firm shall meet the following requirements:

1) Have their own name, domicile and charter;

2) Have a lawyer who meets the requirements of this law;

3) The founders shall be lawyers who have a certain amount of practice experience and have not received a punishment of suspension of practice within three years;

4) Have assets that meet the requirements of the judicial administrative department. Article 28: Lawyers may engage in the following businesses:

1) Accepting the entrustment of a natural person, legal person, or other organization to serve as legal counsel;

2) Accept the entrustment of the parties to civil and administrative cases, serve as the first informant, and participate in litigation;

3) Accept the retention of a criminal suspect or defendant in a criminal case, or accept the appointment of a legal aid institution in accordance with law, to serve as a defender, accept the entrustment of a private prosecutor in a private prosecution case, a victim of a public prosecution case, or their close relatives, to serve as a ** person, and participate in litigation;

4) Accept entrustment, ** appeals in various litigation cases;

5) Accept entrustment and participate in mediation and arbitration activities;

6) Accept entrustment to provide non-litigation legal services;

7) Answering inquiries about the law, litigation documents and other documents related to legal affairs.

Legal analysis: If you meet the conditions, you can transfer to the office, but you can only transfer in the city. (1) Handling conditions:

In any of the following circumstances, interns may apply to transfer to an intern law firm and extend the internship period: during the internship period, the law firm receives an administrative punishment of suspension of business for rectification or above; Law firms are suspended, merged, deregistered, or judicially revoked; The law firm does not have an intern supervising lawyer who meets the prescribed requirements; Where the law firm has received an administrative punishment of suspension of business for rectification, and the penalty period has not yet expired or has not yet exceeded three years after the expiration of the period; The law firm has received an industry punishment that prohibits the acceptance of interns for internships, and the period of punishment has not yet expired. In addition to the above, interns are generally not allowed to transfer during the internship period, and if they are transferred during the internship period, their original intern qualifications must be cancelled and the intern application procedures must be re-completed.

Legal basis: Article 20 of the "Measures for the Administration of Lawyers' Practice" Lawyers changing their practice organization shall submit an application to the judicial-administrative organ of the districted-city level or directly governed municipality for the location of the practice institution to be changed, and submit the following materials: (1) A certificate issued by the judicial-administrative organ at the county level for the location of the original practice institution that the applicant does not have the circumstances provided for in article 21 of these Measures; (2) Proof of the termination of the employment relationship or partnership relationship with the original practice institution, as well as the completion of business, archives, finance, and other handover formalities; (3) Proof that the practice institution to be changed agrees to accept the applicant; (4) Proof of the applicant's professional experience.

The accepting organ shall issue a review opinion on the modification application and the materials submitted, and send it to the judicial-administrative organs of the province, autonomous region, or directly governed municipality for review together with all application materials. Where the change is approved, the review organ is to renew the lawyer's practice certificate for the applicant; Where the modification is not permitted, the reasons shall be explained in writing to the applicant. The time limit for review, approval and replacement shall be handled with reference to the procedures provided for in Articles 14 and 15 of these Measures.

If the change is approved, the applicant shall submit the original practice certificate to the original examination and certification authority before receiving the new practice certificate. Where a lawyer changes a practice organization across districted cities or provinces, autonomous regions, or directly governed municipalities, the judicial-administrative organs for the location of the original practice establishment and the location of the changed practice establishment shall transfer the lawyer's practice file.

Legal analysis: According to the laws of our country, lawyers can only practice in one law firm, and lawyers do not belong to a certain law firm during the transfer period, so they cannot practice during the transfer period.

Legal basis: Article 10 of the Lawyers Law of the People's Republic of China provides that lawyers may only practice in one law firm. Where lawyers blindly change their practice institutions, they shall apply for a renewal of their lawyers' practice certificates. The practice of lawyers is not subject to geographical restrictions.

Legal Analysis: Yes. Because lawyers have the right to freely choose their law firm practice, they can be transferred, and where lawyers change their practice organization, they shall apply for a renewal of their lawyer's practice certificate.

Legal basis: Lawyers Law of the People's Republic of China

Article 10: Lawyers may only practice in one law firm in Dayancong. Where lawyers change their practice organization, they shall apply for a renewal of their lawyers' practice certificates.

Article 9: In any of the following circumstances, the judicial administrative departments for the people's ** of the province, autonomous region, or directly governed municipality are to revoke the decision to approve practice, and cancel the lawyer's practice certificate of the person who was allowed to practice.