Article 1To regulate the practices of lawyers, to prevent the lawyers in the process of practice, because of the parties involved in conflicts of interest and give the party and law firms by interests, safeguard the legitimate rights and interests of the parties and lawyers' rights, this code is formulated.

Article secondThis specification is applicable to the Honghuagang District, Zunyi County, directly under the municipal law firms and lawyers, to be ripe to implement in the legal profession.

Article thirdThe words defined in this specification are as follows:

1, the quasi parties: refers to lawyers firm business agent, but has not yet signed a natural person, legal person entrusted contract.

2, against the case: refers to the criminal, civil, administrative litigation and arbitration cases.

3, the main competitors: refers to the law firm commissioned by the party in the contract clear law firm shall not be re agent, and the firm agreed to the natural person, legal person no longer separate agent.

Article fourthInterest conflict mentioned in this specification includes two cases:

(a)Law firms and lawyers and the parties, the interest conflicts between the parties,That is because of the presence of relation between law firms and lawyers and the parties or parties, the law firms and lawyers in the execution of the client transaction or in the acceptance criteria the client, possibly to have the deviation, which directly or indirectly harm the interests of the parties;  

Two.The conflict of interests among parties, namely the law firms and lawyers because in the implementation of the client transaction or in client after acceptance criteria,Because of the existence of the interested parties or parties, and make the same law firms and lawyers in the agent at the same time the two party legal affairs, may appear deviation, which directly or indirectly harm the interests of the parties.

Article fifthAs mentioned in these rules include two types of conflicts of interest:

 (a)Direct conflict of interest is that law firms and lawyers and the parties or between the parties,Between the parties, the parties and shall have the direct relation between the parties, the law firms and lawyers to maintain a party or the rights and interests of the parties, will damage the other party or parties to the rights and interests of the quasi.

 Two.Indirect conflict of interest is that law firms and lawyers and the parties or quasi parties, parties, parties and Party must exist between the interests, the law firms and lawyers to maintain a party or quasi litigant rights and interests, may damage the other party or parties to the rights and interests of the quasi.

Article SixthThe following is a direct conflict of interest between law firms and lawyers and the parties, quasi party forms: 

(a) in criminal cases,A lawyer for the victim or as close relatives of the victim, and the firm accepted the criminal case crime suspect or defendant's request, as a defender.

(two) in a civil case, the same law firms and lawyers antagonism litigation, arbitration cases as the party, and the firm as the other party in the case of the agents.

(three) in arbitration cases, the same law firm lawyers as agents and the arbitrator respectively in an arbitration case.

(four) once served as a judge, arbitrator had a lawyer, litigation, arbitration, and then the agent in the case of execution.

(five) the same law firm in litigation, arbitration antagonistic case and a party to lift the principal-agent relationship, the other party has entrusted to act as agent in the case.

(six) the same lawyer at the end of the first half of the business within a party, and served as the parties in the litigation, arbitration class antagonism in the case of the other party's agent.  

(seven) in a litigation lawyer agent, non litigation business, transfer to another firm, but the party is still the original Law Firm lawyer client. The lawyer in the first half of the year in the new office and served as the parties in the litigation, arbitration class antagonism in the case of the other party's agent.

(eight) the other with this article (a) - (seven) a similar, and based on the practice experience to judge for the direct conflict of interest.

Article seventh the following conditions for direct conflicts of interest between the parties form:

(a) in criminal cases, and a case of joint crime two or more than two criminal suspects, defendants defendants served in the same law firm lawyer is different.

(two) in criminal cases,At the same time a criminal suspect, the defendant's agent and different people as the same law firm lawyers counsel.

(three) in the civil, administrative litigation and arbitration cases in class antagonism, different lawyer with a law firm at the same time as the parties agent.

(four) the other with this article (a) one one (three) items in similar circumstances, and based on the practice experience to judge for the direct conflict of interest.

Article eighthThe following is the indirect conflict of interest between law firms and lawyers and the parties, quasi party forms:

(a) in the civil litigation, arbitration cases, a lawyer with a law firm for the case of a party's close relatives; belongs to one of the parties or the next of kin in non litigation cases, and the firm lawyers as the other party in the case of agent.

(two) within the same law firm lawyers at the end of the agent a litigation, non litigation business for half a year, the firm a lawyer for the parties in the litigation, arbitration class antagonism in the case of the other party's agent.

(three) the existence of legal services with a law firm with a party, the party in resistant cases does not require the law firm as its agent in a lawsuit, arbitration, but the firm is another lawyer to the parties in the litigation, arbitration class antagonism in case the other party's agent.

(four) the same law firm accepts other legal business delegate is the litigation, arbitration or non litigation cases the opposite party.

(five) a lawyer at the end of the agency business, including litigation, arbitration and non litigation business within half a year, and served as the party representative the other party in non litigation business.

(six) the other with this article (a), (five) a similar, and based on the practice experience to judge for the indirect benefit conflict behavior.

Article ninthThe following forms between the parties, the parties and the quasi indirect conflict of interests between the parties:

(a) on the same piece of non litigation business, opposition between the same law firm lawyers interests of two party or parties.

(two) in the same piece of non litigation business,The lawyer is different with a law firm agent of non confrontation but interest may not be consistent with two or more parties.

(three) the same law firm is an agent of a litigation, arbitration or non litigation business, and agent of the party's major competitors in non litigation legal services. 

(four) the other with this article (a) - (three) a similar, and based on the practice experience to judge for the indirect benefit conflict behavior.

Article tenthIn accordance with the norms of article fifth (a) direct conflict of interest provisions of Article Six, article seventh and, law firms and lawyers shall not accept the entrustment party or parties. Unless the law firms and lawyers have written exemption parties clear, be cautious to accept the proxy. But unless prohibited by law.

Article eleventhExemption of conflicts of interest refers to the conflict of interests behavior, the other party or parties through written exemption letter issued to the law firm form, allowing the law firm as the other party or parties agent.

Article twelfthIn accordance with the norms of article fifth (two) indirect conflict of interest, eight, and ninth of these regulations, a law firm may accept the entrustment party or parties, but shall obtain prior party or parties to the conflict of interest written exemption. Without the consent of the other parties or written exemption, law firms should be cautious.

Article thirteenthIf the law firms and lawyers and the parties informed of some related confidential information before acting, and in an inevitable commission business, new disclosure or use of confidential information known, breach of confidentiality obligations on the parties to, even if there is a written waiver of all parties, law firms and lawyers shall not accept the delegate.

Article fourteenthLaw firms in the exemption of parties, handling the case law to avoid indirect conflict of interest relationship with the same law firm lawyers or other party lawyer for the same case communication and relevant case information disclosure.

Fifteenth in the event of a conflict of interest situation,The existing agent is better than that of the proposed agent.

Article sixteenthThe same law firm has direct conflict of interests between the parties entrusted relationship continues to exist, the law firm shall inform the parties concerned to, and suggestions for other law firms served as acting. But in the exemption, can help the mediation, arbitration and litigation procedures in addition to mediation.

The seventeenth article of the law firm and the lawyer found situation of conflict of interest in practice, should immediately inform the parties and parties related facts and cannot accept agent causes, such as parties, quasi consent agent, should obtain the written waiver as soon as possible. A written waiver must contain consent law firm agent means, and by the parties or quasi parties sign and stamp.

Article eighteenthThe bans direct conflicts of interest and not the indirect benefit agent conflict situations exemption written parties occurs, a law firm shall and the parties to terminate the entrusted matters, and as the work to return all or part of the cost.

Article nineteenthA law firm shall establish a unified party business archives.  The law firm shall according to the business situation, for the development of the firm's conflict of interest rules review and operation process.  Law firms and lawyers in cannot judge whether exists conflict of interest in practice, should try to avoid that substantive information confidentiality, quasi party, in order to avoid the fact in the form of conflicts of interest and the other party cannot be.

Article twentiethInvestigation Bureau of justice with the rights of the parties or complaints to law firms and lawyers in violation of the norm prohibitive provisions of the act, administrative punishment shall be given to the corresponding law firms and lawyers in serious cases, causing major losses to the parties.

This the twenty-first standard by the Zunyi Municipal Bureau of justice shall be responsible for the interpretation of.

Article twenty-second the trial since May 1, 2003.