Guangzhou City Bar Association to stop practicing law unfair competition rules (Trial)

 

Guangzhou City Bar Association article [] Council [] in [the meeting] [] [] day month year examined and adopted the "Guangzhou City Bar Association to stop practicing law unfair competition rules (Trial)", is hereby announced.

 

Chapter I General Provisions

Acts of unfair competition, the second chapter of lawyers

The third chapter violates the rules of responsibility

The fourth chapter confidential

The fifth chapterSupplementary articles

　　Chapter I General Provisions

　　Article 1For the protection of lawyers, lawyers to carry out business lawyer, create a fair competition environment, to stop acts of unfair competition, protect the legitimate rights and interests, regulating the legal service market order, according to the "Lawyers Law of the people's Republic", "the lawyer management approach" and "the all China lawyers association", these rules are formulated.

Guangzhou City Bar Association to promote competition behavior and support members', orderly, members of the opposition and stop acts of unfair competition, the implementation of social supervision acts of unfair competition, encourage and protect the citizens, legal persons and other organizations for members to practice.

　　Article secondThis rule is of course the binding for the city of Guangzhou lawyers association.

　　Article thirdLawyers and law firms, must abide by the laws and regulations, abide by the voluntary, equality, the principle of good faith, abide by discipline of lawyers and occupation ethics, and legal service market and the lawyer industry accepted standards of behavior, the unfair competition behavior in lawyer business shall not.

　　Acts of unfair competition, the second chapter of lawyers

　　Article fourthThe rules to stop the practice of unfair competition behavior refers to lawyers or law firms in violation of laws and regulations, in violation of the voluntary, equality, the principle of honesty and credit, violate norms, the lawyer occupation moral practice discipline, as well as the legal services market and the legal profession recognized standards of conduct, by improper means to make business competition with other damage to the legitimate rights and interests, other lawyers and law firms behavior.

Article fifth The lawyer or law firm acts of unfair competition in the promotion process, including but not limited to the following form:

(a) is false or misleading statements or publicity of law firms or lawyers; "
　　(two) in lawyer business cards may be considered by other identity influence undertake business fair treatment and the content of judicial justice;

(three) express or implied the close relationship between the law firm or lawyers and judicial organ or administrative organ;
　　(four) depreciation or slandering other law firms or lawyers; "
　　(five) to make a commitment to the results of the proceedings; "
　　(six) did not have the right to that, "the use of the lawyers and law firms in the process of propaganda......" , "excellent", "famous", "senior" and other modified text, or forged, fraudulent use of quality legal services quality marks, the honorary title;
　　(seven) claims that no charge (except for legal aid lawyer Guangdong Province) or lower service charges approved by Guangdong Provincial Price Bureau referral fees; "
　　(eight) by sending letters, email and mobile phone short messages, not specific to the crowd to send marketing and promotional materials;

(nine) in any possible is considered and damaging to the image content lawyer occupation way for advertising;

(ten) the provisions of other violations of laws, regulations and management rules and regulations of industry rules, violate discipline of lawyers or publicity lossy image of lawyers. 

　　Article Sixth The lawyer or law firm acts of unfair competition in the course of practice, including but not limited to the following form:

(a) deliberately slander, libel other lawyers or law firms reputation, to struggle for the legal services;

(two) without any justifiable reason to Guangdong Province, under the lawyers service charge standard in Guangdong Provincial Price Bureau approval determined[TR1] Charges for the conditions to attract customers;

(three) provoke disputes between the parties, making deliberate and lawyer;

(four) the parties express or implied lawyers or law firms and the judiciary, government agencies, social organizations and their staff have special relations, to struggle for the legal services;

(five) to make a commitment to the results of the proceedings;

(six) claim can help the parties achieve improper purpose, or by improper ways, means to achieve the purpose of;

(seven) or the commitment to the introducer or client specific handle affairs personnel extraction "case fee" or other good way vying for business;

(eight) spread to show off their own, or belittle, exclusion of peer comments;

(nine) violated conflict of interest rules expand and agency business; "

(ten) the basic security guidelines are established in violation of the code of practice for lawyers and clients to sign confidentiality agreement to harm the interests of customers, to struggle for the business; "

(eleven) employ, commissioned, non practicing lawyer acquiesced contract business;

(twelve) the provisions of other violations of laws, regulations and management rules and regulations of industry rules, violate discipline of lawyers or lossy image of lawyers practice behaviors.

Article seventh The lawyer or law firm acts of unfair competition in the open bidding, the bidding process consists of the following forms:

(a) collusion up or down the charge;

(two) for the low price competition and to take improper means to obtain other lawyers, law firms charge quotation or to provide legal services to the other relevant conditions;

(three) collusive bidding units deliberately set exclusion clause to exclude others to participate in fair competition;

(four) for illegal purpose, without a lawyer law firm agreed to unauthorized disclosure of fees quotation or other legal services conditions are not public information, damage the legitimate rights and interests of law firm.

(five) the provisions of other violations of laws, regulations and management rules and regulations of industry rules, violate discipline of lawyers or lossy image of lawyers act.

Article eighthThe lawyer or law firm acts of unfair competition in communication and judicial organs and administrative organs of the following form:

(a) the other identity influences both the lawyers undertake business fair treatment or trial;

(two) use and special relationship some administrative authorities or industry management department, the administrative organ or the industry management authority, legal services on a class, the monopoly, the exclusion of other lawyers or law firms fair business competition;

(three) and the special relationship with some administrative organs or departments of industry, providing legal services to the parties to accept the administrative organ or the competent industrial departments designated lawyers or law firms, restriction, exclusion of other lawyers or law firms fair business competition;

(four) the provisions of other violations of laws, regulations and management rules and regulations of industry rules, violate discipline of lawyers or lossy image of lawyers act.

　　The third chapter responsibility and punishment in violation of the rules

Article ninth The lawyer or law firm has committed one of the acts listed in the rule fifth to eighth, by the Guangzhou City Bar Association as the circumstances were given disciplinary, circulate a notice of criticism, denounced, cancel the membership and other industries sanctions, Guangzhou City Bar Association may ask the public to clarify the facts, to eliminate the influence of.

The law firms and lawyers seriously violates the rules, Guangzhou City Bar Association has the right to suggest to the judicial administrative departments to take the corresponding administrative punishment.

Laws, regulations and the judicial administrative organ or other departments of supervision and inspection and punishment of lawyer practicing acts of unfair competition, according to the provisions of.

　　Article tenthIn accordance with the rules given the lawyer or law firm disposition, Guangzhou City Bar Association can notice in the media, the costs borne by the action of the lawyers or law firms.

　　Article eleventh Guangzhou City Bar Association has the right to investigate the parties in accordance with the complaint or the lawyer or law firm violates the rules prohibit the provision of the act, and make the punishment on illegal lawyers or law firms.

The fourth chapter confidential

　　Article twelfthFor the report, expose and assist in investigating lawyers or law firms practicing unfair competition behavior of organizations and individuals, Guangzhou lawyers association shall keep confidentiality for the.

　　The fifth chapter supplementary provisions

Article thirteenth This rule by the Council of Guangzhou lawyers association to consider the adoption of trial.

Article fourteenth This rule is responsible by the Executive Council of Guangzhou Lawyers Association explained.