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Guangdong Provincial Department of Justice Law Firm Support Staff Management Measures

(Implemented from February 27, 2006)

Chapter 1 General Provisions

Article 1 In order to further strengthen the management of personnel employed by law firms in our province, regulate the legal service market order, and promote the healthy development of the lawyer team, in accordance with the relevant provisions of the Lawyer Law, the Measures for the Punishment of Illegal Acts of Lawyers and Law Firms, and other laws and regulations, and with reference to the relevant industry standards formulated and promulgated by the All-China Lawyers Association, these Measures are formulated.

Article 2 The term "support staff" as used in these Measures refers to staff employed by law firms who are specifically engaged in administrative management, financial management, or lawyer assistants, excluding practicing lawyers and trainee lawyers.

Article 3 Law firms shall establish and improve a management system for employing support staff in accordance with the law, protect the legitimate rights and interests of support staff in accordance with the law, and strengthen supervision and management of support staff.

Chapter 2 Employment of Support Staff

Article 4 When employing support staff, law firms shall strictly examine the originals of the applicant's resume, identity certificate, education certificate, and other materials.

Law firms must sign employment contracts with support staff in accordance with the law. Employment contracts shall comply with relevant national regulations. Lawyers employing lawyer assistants to engage in auxiliary legal work shall obtain the consent of the law firm.

Article 5 Law firms shall handle social insurance for employed personnel in accordance with relevant national regulations.

Article 6 Law firms shall not employ the following personnel to engage in law firm support work:

(1) Those who oppose the Constitution of the People's Republic of China;

(2) Those with poor conduct;

(3) Those who lack civil capacity or have limited civil capacity.

Article 7 Law firms shall establish personnel files for their employed support staff. The contents of the files shall include, but are not limited to, the following:

(1) Copy of identity card

(2) Copy of highest education certificate

(3) Resume of study and work

(4) Original of employment contract signed with the law firm

(5) Other relevant employment qualification certificates

Article 8 Support staff of law firms shall enjoy the following rights:

(1) Obtain the working conditions necessary to perform their duties;

(2) Obtain labor remuneration, enjoy social insurance benefits and welfare benefits;

(3) Not be dismissed without legal grounds or contractual agreements;

(4) Resign as agreed in the contract;

(5) File an appeal or complaint;

(6) Other rights stipulated in the contract or laws and regulations.

Article 9 After a law firm signs or terminates an employment contract with support staff, it shall, within 30 days, report the basic information such as the list of employed or terminated personnel to the competent judicial administrative organ's lawyer management department and the lawyer association for the record.

For already employed support staff, law firms shall, within 15 days from the date of implementation of these Measures, report the list of employed personnel and other basic information to the competent judicial administrative organ's lawyer management department and the lawyer association for the record.

Chapter 3 Basic Work Responsibilities of Support Staff

Article 10 Law firms may establish the position of administrative supervisor. The administrative supervisor shall be responsible for assisting the director of the law firm in implementing the resolutions of the partnership meeting and managing daily affairs:

(1) Assist the director of the law firm in managing the personnel of the firm;

(2) Assist the director of the law firm in managing case registration, seal use, case filing, and complaint handling;

(3) Handle matters related to the law firm and the competent judicial administrative organs;

(4) Handle other matters assigned by the partnership meeting and the director of the law firm.

According to actual needs, law firms may establish other administrative support positions such as office director, typist, and receptionist, and clarify their respective work responsibilities.

Article 11 Law firms shall establish positions for accounting and cashier personnel. Accounting personnel shall perform their work responsibilities in accordance with relevant national financial laws and regulations:

(1) Prepare accounting vouchers as prescribed, register accounting books, manage accounting archives, and carefully prepare financial statements;

(2) Carefully conduct financial supervision, conduct regular financial analysis and inspections, and put forward suggestions for improvement on financial management work.

Article 12 Law firms may employ lawyer assistants as needed to assist practicing lawyers in carrying out relevant legal affairs:

(1) Assist lawyers in organizing and drafting relevant documents;

(2) Assist lawyers in investigating and collecting evidence;

(3) With the assignment of the law firm and the authorization of the client, they may assist lawyers in receiving and serving relevant litigation documents.

(4) Handle other auxiliary legal affairs assigned by the law firm or lawyers.

Chapter 4 Management of Support Staff

Article 13 Law firms shall supervise and manage the conduct of support staff in accordance with the law. Law firms shall not engage in the following acts:

(1) Making business cards or signs with titles such as "lawyer," "partner," "associate," "director," or "deputy director" for support staff;

(2) Accepting support staff as partners or associates of the law firm or electing them as heads of the law firm;

(3) Providing convenience for the illegal and irregular acts of support staff by issuing or providing law firm introduction letters, special legal service documents, or billing invoices;

(4) Assigning support staff to independently engage in legal work;

(5) Instructing financial personnel to violate financial regulations, especially violating lawyer fee management regulations, and not issuing legal invoices to clients.

Article 14 Supporting staff of law firms shall strictly abide by national laws, regulations, industry standards, and the rules and regulations of their firm in carrying out their work. Supporting staff of law firms shall not engage in the following acts:

(1) They shall not print business cards or logos claiming to be "lawyers";

(2) They shall not accept cases;

(3) They shall not collect any fees from clients;

(4) When assisting lawyers in handling legal matters, law assistants shall abide by the "Code of Professional Ethics and Disciplinary Rules for Lawyers" and the "Code of Conduct for Lawyers" and other industry standards for lawyers.

For violations of the above acts by supporting staff, the law firm shall give warnings, dismissals, or other disciplinary actions.

Chapter 5 Legal Liability

Article 15 If a law firm violates Articles 4, 5, and 13 of these Measures, the judicial administrative organ shall impose corresponding administrative penalties according to the relevant provisions of the "Lawyer's Law" and the "Measures for the Punishment of Illegal Acts of Lawyers and Law Firms".

For cases that do not yet constitute administrative penalties, the lawyer association shall give industry sanctions according to industry standards.

Article 16 If a law firm violates the provisions of Article 9 of these Measures, the competent authority may issue a "Notice of Rectification within a Time Limit" to the law firm. If the law firm still fails to correct the violations after the deadline, the law firm and its person in charge will be held accountable.

Article 17 If supporting staff of a law firm violates subparagraphs (2) and (3) of Article 14 of these Measures, the county-level or above judicial administrative organ shall impose administrative penalties according to Article 46 of the "Lawyer's Law".

For violations or irregularities of supporting staff caused by management negligence, the management responsibility of the law firm shall also be investigated according to law.

Chapter 6 Supplementary Provisions

Article 18 These Measures shall be interpreted by the Guangdong Provincial Department of Justice.

Article 19 These Measures shall come into effect from the date of promulgation.