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OFFICIAL REPLY OF THE MINISTRY OF JUSTICE ON LAW FIRMS' BEARING NO RELEVANT LEGAL LIABILITIES FOR THEIR LAWYERS' ACTS OF PRIVATELY ENGRAVING SEALS AND ACCEPTING ENTRUSTMENTS |
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(No.9 [2001] of the Ministry of Justice promulgated on June 26, 2001) |
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SUBJECT : LAW FIRMS; LEAGAL LIABILITY; PRIVATE ACTS OF LAWYERS |
ISSUING DEPARTMENT : MINISTRY OF JUSTICE OF THE PEOPLE'S REPUBLIC OF CHINA |
ISSUE DATE : 06/26/2001 |
IMPLEMENT DATE : 06/26/2001 |
LENGTH : 208 words |
TEXT : |
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Regarding Request for Instructions on How to Understand Item (1) of Article 35 of the Law of the People's Republic of China on Lawyers (No.49 [2001] of Beijing Municipal Judicial Bureau), we make the following official reply upon deliberation:
According to the relevant provisions of the Law on Lawyers, a law firm is a practicing agency of lawyers, a lawyer shall practice in the law firm, the law firm shall undertake the entrustments and conclude the written entrustment contracts with the clients in a unified way for the lawyers, and no lawyer may privately undertake any entrustment. Therefore, where a law firm accepts the entrustments and appoints lawyers to handle the cases in a unified way, that law firm shall bear corresponding legal liabilities only when any losses have been caused to the party concerned as a result of the illegal practice or fault of an appointed lawyer. It is a lawyer's individual acts to privately engrave the seal of the law firm for which he/she works and to accept any entrustment, the law firm shall bear no legal liabilities for such acts and consequences thereof, and the individual lawyer shall be held legally liable pursuant to the relevant provisions of the law.
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