[reproduced] lawyer's conflict of interest rules, improve

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  • / Author: Aaron Lewis
      Law of the people's Republic of China law enacted in 1996 "" (hereinafter referred to as the "lawyer law"), from the time the reality of our country, to avoid conflicts of interest in the process of practicing law, provisions only in thirty-fourth: "a lawyer shall not be in the same case, for both parties to act as agent". "The relevant provisions of the lawyers law", with the passage of time, has become be inopportune or inappropriate.

   In 1996, the country as a whole, a county, generally only one firm, if according to international standard, strict avoid lawyers conflict of interest rules, regulations entrusted parties with a law firm shall not accept the same parties, it must have a party to go to the county (city) a lawyer, is unrealistic. So at the time prescribed lawyers instead of a law firm shall not act as agent for the parties involved in the same case is appropriate. But with the development of our career as a lawyer, to the end of 2001, China's state funded law firm has been restructuring for the partnership law firm, and so far, in our country the county level generally have two or more law firms, therefore, the strict sense to avoid conflict of interest in practice of lawyers rule conditions are ripe.

   In fact, when the two sides have serious conflicts of interest, have hired a lawyer and to have the court proceedings, both parties in knowledge or consent, both hired a lawyer, because the relationship between a firm lawyers close, then only the things in the processing results both parties are satisfied with (virtually impossible), have what negative impact do not; once the two sides or a party is not satisfied with the result of things, they have reason to doubt whether their lawyers or other attorneys and to any unusual transactions! This in turn will trust relationship between damage lawyer and client, develop greatly damage the image of lawyers, not conducive to the lawyer career.

   From the legal profession itself, strictly avoid lawyers conflict of interest rules, there will be no loss, would be to win the party, and even the whole society's trust! Although a lawyer or law firm, may lose some of the cases, but in general will not lose what. Prosecutors, judges avoidance system implemented as, although with a firm of lawyers for the parties to litigation, will not damage the interests of the parties, but strict avoid lawyers conflict rules, the party and our society, is a kind of procedural justice, is to ensure that the necessary conditions for establishing trust the relationship between lawyer and client.

   The all China Lawyers Association awarded the "lawyers to avoid conflict of interest rules", but this is the industry rules, not the law of the state, it was not enough to stop some of the lawyers, law firms to the immediate interests of the overall interests of lawyers in spite of, not abide by.

   For the development of lawyer profession, "lawyer law" amendment suggestions, increase provisions: "the same firm in the same case, not for the conflict parties acting at the same time or defense", and the provisions of the corresponding legal consequences.
 

 
(Note: This article is in 2003 by the lawyers law is jointly organized by the Ministry of justice and the legal daily changes of two prize, award requirement within two thousand words; the paper published in the November 20, 2003 ninth edition of "Legal Daily" theory monograph, click the link below to seeHttp://www.legaldaily.com.cn/bm/2003-11/20/content_60207.htm)