Lawyers must pass the national judicial examination and be awarded the legal professional qualification certificate. People who do not have a lawyer's practice certificate, but are engaged in legal affairs, are generally grassroots legal service workers and hold a legal service worker's practice certificate issued by the Judicial Bureau. There are also some people who are engaged in legal affairs without a license or proper occupation, commonly known as "black lawyers", not real lawyers. A lawyer must have both a legal professional qualification certificate and a practicing certificate. If you only have a legal professional qualification certificate and no lawyer's practice certificate, you can't be called a lawyer. Lawyers serve the whole society, with no specific target. Both natural persons and legal persons may entrust lawyers to represent them in legal affairs. When practicing law, you must be entrusted by the parties or appointed by the people's court to work within the scope of authorization, and you are not allowed to exceed your authority or abuse your rights. Lawyers are legal workers, and lawyers can only protect the legitimate rights and interests of the parties within the scope permitted by law. Their work within the scope permitted by law is protected by law and is not interfered by administrative units, parties or individuals.
if the people's procuratorate examines the prosecution and the people's court of second instance decides not to hold a hearing, it should fully listen to the opinions of the defense lawyers. If a defense lawyer applies for excluding illegal evidence, the case-handling organ shall listen to the opinions of the defense lawyer, review and verify the relevant evidence in accordance with legal procedures, and decide whether to exclude it according to law.
Legal Basis
Law of the People's Republic of China on Lawyers
Article 28 A lawyer may engage in the following businesses:
(1) Accepting the entrustment of a natural person, legal person or other organization to act as a legal adviser;
(2) accepting the entrustment of the parties in civil cases and administrative cases, acting as agents and participating in litigation;
(3) accepting the entrustment of criminal suspects and defendants in criminal cases or the assignment of legal aid agencies according to law to act as defenders, accepting the entrustment of private prosecutors in private prosecution cases, victims in public prosecution cases or their close relatives to act as agents and participate in litigation;
(4) to accept the entrustment and represent the appeals of various litigation cases;
(5) accepting entrustment and participating in mediation and arbitration activities;
(6) accepting entrustment to provide non-litigation legal services;
(7) Answering legal inquiries, writing litigation documents and other documents related to legal affairs.