Ministry of Justice, Measures on Penalties for Violations of the Law by Lawyers or Law Firms

Promulgated: March 19 2004
Effective: May 1 2004
Interpreting authority: Ministry of Justice

Main contents: There are four types of administrative penalties for violations of the law by lawyers or law firms: a warning, confiscation of the illegal income, suspension of practice or business, and revocation of practice certificates (Articles 5 and 6). Article 8 lists 21 acts that are "other acts that shall be penalized" as stated in Article 44(11) of the PRC Lawyers Law. For example, concurrently practising in a law office and another legal service organization, concurrently representing or defending on behalf of a client and another third party having conflict of interests with the client, or making false promises to clients in order to solicit business. Articles 9 and 10 lists acts of a law firm that are subject to administrative penalties. For instance, using improper measures to obstruct a partner or a cooperative party from withdrawing from the firm, divulging the trade secrets or personal privacy of the client, not paying tax in accordance with the law, and offering bribes to judges, procuratorators, arbitrators or other relevant personnel.
Related legislation: PRC Administrative Penalty Law, Mar 17 1996, CLP 1996 No.4 p4; PRC Lawyers Law (Amended), Oct 28 2007, CLP 2007 No.10 p83 and Procedures for Administrative Penalties of Judicial Administrative Authorities Provisions
Repealed legislation: Ministry of Justice, Penalizing Illegal Activities of Lawyers Procedures, Jan 31 1997, CLP 1997 No.5