According to the Lawyer Law, Criminal Procedure Law, and relevant regulations, the following businesses must be entrusted to practicing lawyers (or lawyers appointed by legal aid) before they can be carried out:
1. Criminal Defense&Legal Assistance
This is the most exclusive legal field.
Legal assistance in the investigation stage: after the suspect is taken compulsory measures (such as detention and arrest), only the practicing lawyer can meet the suspect, understand the case, and apply for a guarantor pending trial. Non practicing personnel are completely unable to enter the detention center.
Criminal defense: Although close relatives can serve as defense counsel, their practical rights (such as the right to comprehensive examination and independent investigation and evidence collection) are greatly restricted. In legal aid cases or criminal cases involving minors or persons with disabilities, lawyers must be involved.
Exclusive rights: Only lawyers holding the "three certificates" (lawyer's practice certificate, power of attorney, law firm official letter) can directly meet.
2. Access to Restricted Official Records
Ordinary citizens or legal professionals (excluding grassroots legal service workers) are greatly restricted in investigating and collecting evidence.
Population information/registered residence inquiry: lawyers can obtain the defendant's registered residence registration information (for litigation filing) from the public security organ by virtue of their practice certificates and law firm certificates.
Original certificate of business registration: Only lawyers can access non-public parts of the company's archives, such as the original capital contribution certificate and shareholder equity pledge agreement, which truthfully paid in capital.
In depth search of real estate archives: In many cities, only lawyers can retrieve detailed original certificates of real estate registration under someone else's name.
3. Recognition&Enforcement of Cross Border Judgments/Awards
Although the law does not mandate a lawyer, in practice, due to the involvement of the Hague Convention, judicial assistance treaties, and complex jurisdictional disputes, it is almost impossible for non professionals to complete this business.
Exclusive professionalism: involves liaising with foreign judicial departments and issuing legal opinions, and courts usually only accept professional opinions issued by lawyers with practicing qualifications.
4. Public Listing&Financial Specialization for Listed Companies
In the field of capital markets, the professional qualifications of lawyers are the legal entry threshold.
IPO Legal Opinion: The company planning to go public must hire a law firm, which must be signed and stamped by two or more practicing lawyers to issue a legal opinion. Without a lawyer's signature, the China Securities Regulatory Commission will not accept the case.
Major asset restructuring: Financial activities such as corporate mergers and acquisitions, bond issuance, etc. must be subject to compliance review by lawyers.
Bankruptcy administrator: Only law firms (or accounting firms) that have been added to the local court's inventory list can serve as bankruptcy administrators.
5. Statutory Representation under Special Status
Proxy for juvenile criminal cases: When a juvenile suspect has not appointed a defense counsel, the law mandates the appointment of a practicing lawyer.
Cases involving state secrets: Only lawyers who have gone through specific procedures and hold a practicing license can intervene, and approval from regulatory authorities is required.
6. Lawyer's Witnessing
Although notary offices can do notarization, "lawyer witness" has a unique legal status in the performance of commercial contracts and the establishment of wills.
Exclusive effectiveness: Lawyer witnessing is the witnessing of the authenticity of facts by two lawyers. Compared to ordinary witnesses, the evidential power of lawyer testimony in court is extremely high, and lawyers are required to bear professional responsibilities.
