Compliance note
This article provides general legal information and does not constitute legal advice for any specific matter. A PRC-qualified lawyer must assess the complete facts, documents, current law, procedural rules, and enforcement conditions before recommending action.
1. Verify both the firm and the handling lawyer
A PRC law firm must be lawfully established and licensed. A PRC lawyer may practise only through one firm, and an unlicensed person must not practise in the name of a lawyer. (依據:PRC Lawyers Law Articles 10, 13, 14 and 18(全国人大常委会办公厅(国家法律法规数据库):官方文本))
This is a general checklist, not an assessment of any firm. Record the firm name, unified social credit code, licence number, lawyer name and practising-certificate number.
2. Central acceptance, written contract and conflicts
The firm must centrally accept the matter, sign a written engagement agreement and conduct a conflict check. It must maintain systems for practice, conflicts, fees, complaints, annual assessment and files. (依據:PRC Lawyers Law Articles 23, 25 and 39(全国人大常委会办公厅(国家法律法规数据库):官方文本))(依據:Measures for the Administration of Law Firms (MOJ Order 142) Article 46(www.moj.gov.cn:官方文本))
The agreement should identify the client, team, matter, stage, authority, deliverables, handover and termination.
3. Turn scope into a checkable list
PRC lawyers may provide advisory, civil, administrative, criminal, petition, mediation, arbitration, non-contentious and drafting services, but must act within authority. (依據:PRC Lawyers Law Articles 28 and 30(全国人大常委会办公厅(国家法律法规数据库):官方文本))
State whether the work includes only consultation, a written opinion, letter, negotiation, filing, preservation, hearing, appeal, enforcement, attestation coordination, translation or travel.
4. Published fees, account and receipt
The firm should publish filed fee standards, itemise service fees, client-paid costs and travel, centrally register and collect, account and issue lawful receipts. Exceptional personal collection must reach the firm account within three working days. (依據:Opinions on Further Regulating Lawyers Service Fees Sifa Tong [2021] No.87, items 8 and 9(www.moj.gov.cn:官方文本))
Shenzhen currently uses market-regulated legal fees. Do not use the repealed 2006 Guangdong schedule or treat its old 30% risk cap as the current universal rule. (依據:Shenzhen DRC fee answer 20 January 2025(fgw.sz.gov.cn:官方文本))(依據:2021 fee opinions item 16(www.moj.gov.cn:官方文本))
5. Conflicts and information separation
A PRC lawyer must not represent both parties in the same case or accept specified personal conflicts; the firm must screen the matter before acceptance. (依據:PRC Lawyers Law Article 39(全国人大常委会办公厅(国家法律法规数据库):官方文本))(依據:Measures for the Administration of Law Firms Article 46(2)(www.moj.gov.cn:官方文本))
Provide party and affiliate names first; send sensitive merits material after the recipient and separation arrangements are confirmed.
6. Data purpose, access and confidentiality
PRC counsel has statutory confidentiality duties. A Mainland data recipient must also comply with purpose, minimum scope, processing basis, notice and sensitive-information safeguards. (依據:PRC Lawyers Law Article 38(全国人大常委会办公厅(国家法律法规数据库):官方文本))(依據:PRC Personal Information Protection Law Articles 6, 13, 17, 28 and 29(全国人大常委会办公厅(国家法律法规数据库):官方文本))
Check the team, vendors, transfer channel, retention, correction, return and end-of-engagement handover.
7. Separate statutory deadlines from estimates
The general PRC civil limitation rule is three years with accrual, interruption and a usual 20-year long-stop. Urgent preservation has statutory 48-hour and 30-day points. (依據:PRC Civil Code Articles 188 and 195(全国人大常委会办公厅(国家法律法规数据库):官方文本))(依據:PRC Civil Procedure Law Articles 103 and 104(全国人大常委会办公厅(国家法律法规数据库):官方文本))
List statutory deadlines, client supplementation, firm work milestones and court or third-party time separately.
8. Hong Kong and PRC firms are different
Hong Kong practice is governed by Cap.159; PRC firms and lawyers by PRC law and MOJ regulations. Foreign-lawyer registration in Hong Kong does not itself confer PRC qualification. (依據:Hong Kong Legal Practitioners Ordinance (Cap.159) section 7 and foreign-lawyer subsidiary legislation(香港特别行政区政府律政司(电子版香港法例):官方文本))(依據:Hong Kong Department of Justice foreign-lawyer explanation(香港特别行政区政府律政司:官方文本))
Related: https://legwise.cn/zh-hk/insights/hong-kong-mainland-lawyer-consultation ; https://legwise.cn/zh-hk/insights/hk-mainland-notarization-lawyer ; https://legwise.cn/zh-hk/insights/mainland-lawyer-consultation-documents-hk .
9. The 12 checks
1 firm licence; 2 lawyer certificate; 3 central acceptance; 4 conflict result; 5 client identity; 6 included scope; 7 exclusions; 8 fee list; 9 firm account and receipt; 10 data purpose and access; 11 deadlines; 12 termination, handover and judicial-administration or bar-association complaint route. (依據:PRC Lawyers Law Articles 4 and 52(全国人大常委会办公厅(国家法律法规数据库):官方文本))
Compliance note
This article provides general legal information and does not constitute legal advice for any specific matter. A PRC-qualified lawyer must assess the complete facts, documents, current law, procedural rules, and enforcement conditions before recommending action.
Frequently asked questions
Is checking the lawyer name enough?
No. Check the PRC firm, lawyer certificate and relationship between them.
May a PRC lawyer practise through several firms?
No. The lawyer may practise only through one PRC firm.
May an unlicensed consultant call themselves a PRC lawyer?
No. An unlicensed person must not provide legal services in that name.
Is a written agreement required?
Yes, the PRC firm centrally accepts and signs the written agreement.
Must the firm check conflicts?
Yes, before acceptance.
Is “legal services” a sufficient scope description?
It is too vague; define stages, outputs, authority, inclusions and exclusions.
Is there one Shenzhen government legal-fee figure?
No. The current model is market pricing under published standards and contract.
May fees go to a lawyer’s personal account?
Central firm collection and lawful receipts are the rule; exceptional collection has a three-working-day transfer requirement.
Must disbursements have evidence?
Client-paid costs and travel should have valid supporting documents.
May the same firm represent conflicting parties?
The conflict rules prohibit improper acceptance and same-case dual representation.
How much should be disclosed for a conflict check?
Start with party and affiliate names; defer sensitive merits material.
How should deadlines be managed?
Separate statutory dates, client tasks, firm milestones and external timing.
Is a Hong Kong firm the same as a PRC firm?
No. Qualifications, regulators and procedural rights differ.
Where can a fee or conduct complaint go?
Use the firm process first, then consult the local judicial authority or lawyers association if needed.