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The nature of law firms

First, as far as I know, there is no State-owned Assets Supervision and Administration Office now. The original State-owned Assets Supervision and Administration Office has basically been transformed into a partnership law firm, and there are few cooperative law firms. However, there are indeed individual law firms in the eight districts of the city that are not allowed to set up (this need not be explained) and only carry out pilot work in the outer suburbs. Secondly, personally, there is no exact legal position on the nature of law firms at present, and the Lawyers Law only summarizes three forms. Cooperation and partnership are not elaborated. I once read an article describing the nature of a law firm as a "self-discipline trade organization in which lawyers rely on professional knowledge to provide legal services to the society". Thirdly, a. Conditions for the establishment of state-owned assets office: (1) having its own name, domicile and articles of association; (2) Its assets exceed 654.38 million yuan; (3) There are more than three full-time lawyers. B. Conditions for setting up a cooperative office: (1) Having its own name, domicile and articles of association; (two) assets of more than 654.38 million yuan; (3) Having three or more promoters; C. Conditions for the establishment of a partnership: (1) Having its own name, domicile and articles of association; (2) Having a written partnership agreement; (3) Having three or more partners; (4) Its assets exceed 654.38 million yuan. A partner shall meet the following conditions: (1) Obtaining a full-time lawyer's practice certificate according to law; (2) Having more than five years of working experience; (3) Before becoming a partner, he has not been subjected to administrative punishment of stopping practicing for more than three years. If a partner withdraws from the partnership or is removed from the partnership within two years after the establishment of a law firm, he shall not apply for the establishment of a new law firm as an applicant within one year. A partner of a partnership law firm whose practice certificate has been revoked due to violation of practice discipline and professional ethics may not apply for the establishment of a new law firm as a partner within three years, unless he can prove that he is irresponsible for the reasons that led to the revocation of the practice certificate of the law firm. The above regulations are in Beijing. Please compare them with those in other places. Article 29 When a partnership law firm hires lawyers and hungry staff, it shall sign employment contracts in accordance with the relevant provisions of the state, and handle social insurance such as pension and medical care for the employed staff. Specific insurance matters, such as in Beijing, can consult the Beijing Municipal Bureau of Justice.

What is the profession of law firm?

According to the national industry classification standards, law firms belong to leasing and business services (big category), 72 business services (middle category) and 722 legal services (small category).

Industry classification standard

Leasing and business services

72 Business service industry

722 Legal service: refers to lawyer, notary, arbitration, mediation and other activities.

A lawyer refers to a practitioner who has obtained a lawyer's qualification certificate in accordance with the relevant laws and regulations, obtained a lawyer's professional certificate with the approval of the judicial administrative organ, and engaged in lawyer business in a law firm. A law firm is a working organization for lawyers to carry out business.

Law firm is the basis for lawyers to perform their duties. At present, there are law firms belonging to state institutions and cooperative law firms run by individual lawyers. The former has the same nature as the legal advisory office, but the name is different. The latter emerged in the reform and opening up, and it is self-financing and independent accounting. There is no difference in the content of legal services they are engaged in.

Article 14 of the Lawyers Law stipulates that a law firm is a lawyer's practice institution. The establishment of a law firm shall meet the following conditions:

(1) Having its own name, domicile and articles of association;

(2) Having lawyers who meet the requirements of this Law;

(3) The promoter shall be a lawyer who has a certain practice experience and has not been punished for stopping practicing within three years;

(4) Having assets that meet the requirements of the judicial administrative department of the State Council.

After the implementation of the newly revised Lawyers Law on August 1 2006, China's law firms have two organizational forms: partnership law firms and individual law firms.

When you encounter a legal problem, you can ask a lawyer for help. In China, a lawyer service organization is called a law firm, which is an organization where China lawyers provide legal services to the society.

What kind of law firm is it? Is it a private enterprise?

Generally, it is a special partnership, and now there are also corporate law firms.

What is the nature of a law firm? Is it a sole proprietorship or company?

Form a partnership

Special partnership

You can refer to the partnership enterprise law, Baidu.

What is the nature of a law firm?

Partner system

What is the nature of a law firm?

The nature of a law firm is generally an unincorporated partnership organization, which can be divided into three forms: 1, a partnership law firm (belonging to a partnership organization, unable to obtain legal person status and bearing unlimited external liabilities); 2. Individual law firms (unlimited external liabilities); 3. State-owned law firms (institutions funded by the state are staffed, funded by the state, and are legal persons of state-owned institutions, and bear external liabilities with all their assets). Among them, partnership is the most common.

What is the unit nature of a law firm?

Law firms are special partnerships.

What kind of enterprise is a law firm?

China used to divide units into four categories: government agencies, enterprises, institutions and social organizations. Correspondingly, traditional legal theory also divides legal persons into four categories: organ legal persons, enterprise legal persons, institution legal persons and company legal persons. With the decoupling and restructuring of state-owned law firms, private law firms have become the mainstream of China's legal service industry. In recent years, social organizations engaged in non-profit social service activities organized by non-state-owned assets, such as private law firms, private schools, private hospitals and private stadiums, have emerged continuously and become an important part of the socialist market economic system. The CPC Central Committee and the State Council attached great importance to this new thing, especially formulated national policies and administrative regulations, and identified these social organizations with the nature of private institutions as private non-enterprise units, which essentially belong to the category of institutions, that is, private institutions. Judging from the essential characteristics of private law firms, private law firms should be private non-enterprise units. The Provisional Regulations on the Registration and Management of Private Non-enterprise Units stipulates that the so-called private non-enterprise units refer to social organizations engaged in non-profit social service activities organized by enterprises, institutions, social organizations and other social forces and individual citizens using non-state-owned assets. In other words, the fundamental attribute of private non-enterprise units is non-profit. As the main body in the market economy, private law firms do not engage in profit-making business activities, but only provide legal services to the society. Although they provide legal services for a fee, we can't come to the conclusion that private law firms are social and economic organizations for profit. A public institution refers to a unit or organization that engages in public welfare undertakings such as culture, education, health, sports, law and news for the purpose of social public welfare undertakings. Institutions include institutions and private non-enterprise units. Public institutions and private non-enterprise units are the same in nature and establishment procedures except for slightly different sources of funds, which belong to the scope of public institutions. Private law firms are a form of public institutions. According to the relevant provisions of the Labor Law, private law firms are qualified as employers in lawyers' labor relations. China's Labor Law promulgated on June 1 99565438+1October1updated the traditional four-part theory of legal person, that is, the institution was innovated into a "public institution", which solved the problems of legal person classification and characterization of private non-enterprise units, that is, the Labor Law classified public institutions and private non-enterprise units as social institutions, regardless of their differences. Because the theoretical research on private non-enterprise units is relatively backward, no one has ever proposed to innovate the theory of legal person type of public institutions into the theory of "legal person type of public institutions" To sum up, law firms, whether state-owned, partnership, cooperation or other forms, should belong to public institutions. Judging from the current operation of law firms in the market, most of them are self-supporting.

Hope to adopt

What is the profession of a lawyer?

A law firm is a working organization for lawyers to perform their duties. At present, there are law firms belonging to state institutions and cooperative law firms run by individual lawyers. The former has the same nature as the legal advisory office, but the name is different. The latter emerged in the reform and opening up, and it is self-financing and independent accounting. There is no difference in the content of legal services they are engaged in.