The lawyer occupation moral

  • Created:
  • / Author: Aaron Lewis
 The fourth chapter The lawyer occupation moral
The first section The lawyer occupation moral concept
The lawyer occupation morals, is a general term of business practitioners as a lawyer and lawyer institutions shall abide by the norms of behavior.
The premise of practicing lawyers. The premise of practicing lawyers, refers to lawyers to provide legal services to the client should have the conditions. Includes two aspects:
1, to have the practice of legal knowledge and skills. Generally, as a kind of occupation, later acquired a lawyer's practice certificate and perform the necessary training, they have legal knowledge and skills have been externalized, and met the general requirements. According to lawyers "behavior specification (Trial)" provisions, in order to meet the above requirements, (1) a lawyer must hold the judicial administrative organs issued effective lawyer practicing license. The lawyer license is the only proof of lawyers. (2) a lawyer must after lawyers association rules of pre service training. (3) a lawyer should take an oath for practice according to the local lawyers association arrangement.
2, in the effective management of law firms in the. This is mainly reflected in: (1) a lawyer shall not practise in two or more than two law firms, while practicing at a law firm and one other legal services as practicing in two law firms. 2) lawyers shall not in practice during the non lawyers engaged in legal services. (3) in the Commission, lawyers and the law firms should be a conflict of interest. Not only the conflict of interests between the clients circumstances can establish principal-agent relationship.
The second section Principal agent relationship establishment and termination
The subject of the agency relationship, forbidding false promises, division proxy scope and authority, and the termination of agency relationship.
1, the choice of service means. The lawyer has the right to the requirements of the law and moral standards, selection and realization method of the principal objective. Lawyers to provide legal services, should take into account not only the law, but also consider factors of moral, economic, social, political and other relevant to the status of a client in a proper way.
2, to delegate. Without the consent of the client, a lawyer shall not be entrusted by the legal affairs to delegate. Lawyer appeared suddenly disease, job transfer in after accepting the entrustment, need to change the law, it shall timely inform the client. Client agrees to replace the lawyers, lawyers should timely transfer of materials, and by the law firm to handle the relevant formalities. Without the consent of a client, the lawyer can not commissioned and increase the economic burden of a client.
Mandatory 3, principal-agent relationship termination and optional termination
The lawyer in the following situations in the entrusted matters, a law firm shall terminate the agency work:

(1) negotiation with the client end;
(2) the practicing qualification being cancelled or suspended;
(3) found that conflicts of interest can not be overcome;
(4) the lawyer's health was not fit to agent;
(5) to the agent will violate the law or the lawyer specification.
Any of the following circumstances, a lawyer may refuse to defend, agent:
(1) the client uses the legal service provided by lawyers in criminal activities;
(2) the principal adhere to the pursuit of lawyers that can not be achieved or not reasonable goals;
(3) the principal to a considerable extent did not fulfill the contract obligations, and has urged reasonably;
(4) based on the previously unforeseen, lawyers to provide legal services to the clients will bring the cost burden of unreasonable to lawyers, lawyers or to cause unbearable, unreasonable difficulties;
(5) the evidence provided by the clients have no objective authenticity, relevance and legitimacy, or by judicial review are suspected of perjury;
(6) other legitimate reasons.
At the termination of principal-agent relationship, lawyers should abide by the following procedure:
(1) advising obligation. Lawyers in the Commission after the may refuse to defend or agent, it shall explain the reasons to the client, the client accepts the lawyer's advice, correct leading lawyers refuse to defend or proxy for.
(2) notice. At the termination of agency, a lawyer should as far as possible, advance notice to the client sends out. Law firm with the consent of the principal, shall appoint a lawyer to handle the matters entrusted, otherwise it shall terminate the entrustment agreement.
(3) to take reasonable protective measures obligations. Termination of agency, a law firm shall try not to make the trustee's legitimate interests are affected. In releasing the principal-agent relationship, the lawyer must take reasonable measures to protect the interests of clients, such as timely notification to the client, so that it has sufficient time to re appoint other lawyers, to recover the original documents and to return the fees paid in advance. According to lawyers "behavior specification (Trial)" the provisions of the law firm, due to reasonable reasons to terminate the entrustment agreement, have the right to collect the completed part of the cost. The principal reason for the termination of the entrustment agreement, law firms have the right to collect the completed portion of the cost. The principal unilaterally terminate the entrustment agreement, shall pay fees according to the agreement.
(4) may not be seized the litigant material obligations. A lawyer shall not to block the client remove entrust relations, threats, intimidation of the principal, or detain the trustor provide without proper justification materials. But while remove entrust relations because of refusing to defend, agent, lawyer can copy to retain the relevant client legal documents.
The third section        The lawyer's confidential
1, the content of the lawyer's duty of secrecy
2, the lawyer conservative clients confidential has the following characteristics:
(1) general obligation of confidentiality. The scope of confidentiality obligations of lawyers not only includes the client's business secrets and personal privacy, including through other information management law firm client to client.
(2) extensive security subject. Law firms, lawyers and auxiliary personnel shall not divulge secret information client.
(3) the time of confidentiality. Counsel after the end of the work, still have the obligation of confidentiality. This is because the secret sex related matters not because of the end of the principal-agent relationship and destroy, in order to ensure that the client can about Frank, complete disclosure of cases to lawyers, lawyers in the Commission after the end still to bear the obligation of confidentiality.
3, conservative lawyer client secret obligation exception.
(1) to prevent future damage exception. Law firms, lawyers and auxiliary personnel shall not divulge the commercial secrets of the trustor, privacy, and other information through the handling of law firm client to client. But the lawyer that secrecy may result in an inability to timely prevent personal injury and other serious crimes and may cause serious damage to national interests of the exception.
(2) self protection exception. Lawyers in the proxy process may be innocent was involved in criminal behavior principal, information law can protect their legitimate rights and interests and public trustee.
(3) authorized disclosure exception. The lawyer can open the client consent for disclosure of information.
Section fourth lawyers fees and property custody standard
Rationality of the 1 lawyers
The lawyer fees charged should be reasonable. Law firms and lawyers shall formulate reasonable fees according to the relevant provisions of the administrative departments of the state, the lawyer association. In determining whether a reasonable attorney fees should consider the following factors:

(1) engaged in legal services required to work time, difficulty, including new and needed skills;
(2) accept the risk that will significantly hinder hire lawyers to carry out other work;
(3) similar legal service in the same area is usually the amount of charge;
(4) the matters entrusted the amount involved and reasonably anticipated results;
(5) proposed by the clients or imposed by the objective environment of legal Business Hours limit;
(6) the lawyer's experience, reputation, professional level and ability;
(7) the cost of standards and the method of payment is fixed, whether conditional;
(8) the reasonable cost.
Methods and requirements of the 2 lawyers fees
   The lawyer fees in accordance with state regulations or the agreement by the law firm and the client can be used to determine, timing and charging, the fixed fee, subject proportional fees. In a the entrusted matters may use the preceding several ways at the same time, or use other ways not prohibited by law.
Lawyers undertake business, their law firm shall uniformly accept entrustment, sign written entrustment contracts with the clients and, in accordance with state regulations, collect fees from the parties and truthfully recorded. The timing and charging, the lawyer shall provide work list according to the requirement of client.
3 conditional fees
   The results of action or other legal services as a result of lawyer fee basis, to pay the amount and payment of the fees shall be determined by agreement form, should clearly be charge legal services, pay expenses standards, methods, including reconciliation, mediation or judgment affect different results to pay fees, and the necessary expenses in litigation have been included in the risk agency fee medium. Lawyers and law firms cannot for any reason and the way to alimony, maintenance, upbringing and in criminal cases is proposed according to the results of action Client Agreement fee, but if the exception.
4 property custody
   Master the key distinction between duty of care. Law firm commissioned custody of property shall be the principal, the principal property and property law firm strict separation. The principal of the fund should be kept in the financial institutions law firm is located and good credit of independent account, or store opened in the client specified independent bank account in. Custody of client other property shall be subject to the written approval.
The fifth day conflict of interest
1, the conflict of interest is a lawyer to client for their own interests, lawyers and lawyers have a significant risk of serious adverse effects on other current client, former principal duties or other duties of state. Conflicts of interest can be divided into the conflict of interest between the conflicts of interest and principal attorney client between the. The conflict of interest between the principal and can be divided into at the same time, conflicts of interest and continuous conflicts of interest.
2, the attorney client conflicts of interest. Attorney client interests conflict rules are:
   Lawyers and law firms shall not use the advantage of providing legal services, grab the interests of the client. In addition to collect legal fees in accordance with the relevant provisions, a lawyer shall not produce economic ties with the principal controversial rights, shall not be entrusted with the parties in dispute will be subject to sell, can entrust others for themselves or their relatives purchase, lease client disputes with others the subject matter of litigation. A lawyer shall not obtain property to the trustee, should not have access to other detrimental to the principal economic interests. Non consent by the principal, a lawyer shall not use the obtained from provides legal service to the client when the information seeking damages to the interests of the client. Lawyers and law firms may not be relieved of or limited civil liability of fault for the losses caused to a party concerned shall bear the illegal practice of law or.
3, the principal conflicts of interest
   (1) at the same time, conflict of interest
Conflict of interest the lawyer at the same time, refers to the existence of the conflict of interest between the current client lawyers or law firms.
A lawyer and conflict of interest rules mainly include:
A lawyer shall not be in the same case, for both parties to act as agent. A lawyer shall not be in the same case, at the same time as the principal and the principal of conflict of interest of third people, the defense agency;
A lawyer shall not in two or two or more interested in the case, respectively, to defend a conflict of interest, the client agent;
During the lawyer acting as legal counsel for the parties, not the legal advisor, units of the other party or other potential conflicts of interest defence;
In one case, a law firm shall not appoint the lawyer for the defense of both parties or have a conflict of interest, the agent, but the county (city) in only one firm, and the two parties agree otherwise.
Lawyers in the Commission after know opposite party of the litigation or conflict of interest party has appointed a law firm lawyers, lawyers for both sides negotiated termination shall be entrusted party, if no agreement is reached through consultation, and after signing the contract party or not to pay legal fees of a party is entitled to terminate the trust relationship. Without the consent of the client's consent, a lawyer shall not accept the conflict of interest the other party commissioned at the same time, handle legal affairs for the quasi commissioned entrusted lawyer has knowingly litigation partner or conflict of interest party has appointed lawyers are close relatives, own or other interested parties, should be avoided. But both the principal issue, except the immunity function. Lawyers in the Commission after know opposite party of the litigation or conflict of interest party appointed lawyer who is near relatives or any other interested her, should be timely will this relationship explicitly tell the client. The principal objection, lawyers should be avoided.
   (2) continuous conflicts of interest
Continuous conflicts of interest lawyer, is the conflict of interests that affect the lawyer may be the responsibilities of the former client or former responsibilities of the principal agent. Norm continuity of conflicts of interest are: once the lawyer in the previous legal affairs acting party legal affairs law, even after the dissolution or termination of agency relationship, also can not accept the opposite party has the conflict of interests and former clients entrusted, with the same legal affairs, unless the former principal to make written consent. Once in the previous legal affairs acting party legal affairs law, shall not use the relevant information from the previous legal affairs adverse former principal in the same or similar legal affairs, unless permission is the former principal, or have enough evidence to prove that the information is It is evident to anyone. Legal affairs client intends to employ lawyers, is before the lawyer lawyer occupation was a government official or judicial personnel, the personnel identity dealt with affairs, lawyers and the law firms should be avoided.
The sixth section practice promotion
1, the lawyer's business promotion, business promotion: method of business promotion principle.
2, the lawyer advertising standards:
   (A) subject lawyer advertising. Lawyer advertising refers to lawyers and law firms for the promotion of business and get commission, to inform the public, information and its behavior in the process of understanding the individual lawyers and law firms, legal services and issued. Lawyer advertising can be issued in the name of individual lawyers, can also be issued in the name of law firm. Issued by the lawyer personal lawyer advertising shall indicate the name of individual lawyer practicing institutions. Lawyer advertising content shall be limited to the lawyer's name, portrait, age and gender, birthplace, diploma, degree, registration date, the lawyers law firm, in the name of law firms working hours, fees, contact method, and in accordance with the law to provide legal services business scope. Lawyer advertising content should be the introduction to law firm name, office address, telephone number, fax number, postal code, e-mail, web site, the bar association, under the jurisdiction of practicing lawyers and law to provide legal services business scope. The following cases, lawyers and law firms shall publish the lawyer advertising: (1) did not pass the annual examination and registration; (2) being suspended the practice disposition; (3) being criticized punishment not full a year.
   (B) lawyer advertising principles
   Release lawyer's advertisements, it shall abide by the following principles: Lawyer advertisements shall abide by the state laws and regulations and the code. Keep it real, rigorous, moderate principle. The lawyer advertisement shall be distinguishable, should be able to make the public identify lawyer advertising. Shall not use advertisement to make easily misleading or false propaganda to the individual lawyers, law firms. Firms lawyers and law issued lawyer advertising should not belittle the other lawyers or law firms and their. Lawyers and law firms not to violate law mission, loss of law mode of image advertising, not the artistic exaggeration means of commercial advertising. A lawyer shall not violate the Lawyers Association on lawyer advertising management provisions of the act in practice in advertising.
Code of conduct between seventh lawyers counterparts (★ ★ ★)
1, respect and cooperation. In the aspect of respect and cooperation. Lawyers have norms of behavior:
   Lawyers and law firms shall not obstruct or refuse the legal service client to entrust other lawyers and law firms involved in the same issue.
   Should be a clear division of labor, cooperation to provide legal services on the same subject lawyers disagree, and shall notify the clients decide.
   Lawyers and law firms may not be published to belittle, slander, damaging the reputation of other speech in public and media.
   In the court trial or negotiation parties lawyers should respect each other, do not use sarcasm, satire or insulting language.
2, the prohibition of unfair competition
Lawyers and law firms in contact with the clients and other personnel, may take the following improper means to make business competition with other:
(1) intentionally slander, libel other lawyers or law firms reputation, reputation;
(2) without any justifiable reason, in the same industry fees to below the level of fees for attracting clients, or a commitment to give customer, intermediary, Recommendation Commission, gift money, possessions way vying for business;
(3) intentionally in dispute between the client and attorney;
(4) to the client, express or implied, lawyers or law firms and the judiciary, government agencies, social organizations and their staff has a special relationship, the exclusion of other lawyers or law firms;
(5) make no facts and law according to the commitment on the legal service results or judicial action results;
(6) express or implied, can help the client to improper purpose, or by improper ways, means to reach the goal of the clients;
The lawyer or law firm in contact with the administrative authorities or industry management department, may take the following improper means to make business competition with other:
(1) by means of administrative authorities or industry management departments of power, or by an agency, and a department, an industry of legal services for a certain class of monopoly way vying for business;
(2) there is no legal basis for the administrative organ to surpass the administrative power, the law service clients to accept its designated lawyers or law firms to provide other lawyers, limiting the fair business competition.
Lawyers and law firms in contact with the Department of justice and judicial personnel, may take the following improper means to make business competition with other:
(1) the other identity influences both the lawyer business undertaken by normal treatment and trial;
(2) the establishment of law billboards and other media in judicial organs and within 200 meters near;
(3) sporadic articles containing the advertisement of lawyers to the judicial authority and judicial personnel.
Made in accordance with the relevant provisions in the specific range of legal services lawyers and law firms shall not adopt any of the following acts of unfair competition:
(1) limit the clients to accept the legal service provided by other lawyers or law firms approved by the statutory bodies;
(2) mandatory client accept their offer or provided by other lawyers designated legal services;
(3) to resist such behavior, the principal refuses to interrupt, delay, cutting the necessary legal service or overcharging.
Lawyers and law firms may not be fair competition between the following means with competitive exclusion, harm the principal's interests or social public interests:
(1) collusion up or down fees;
(2) for low tuition, improper access to other lawyers and law firms charge quotation or other legal services condition;
(3) the information disclosed illegally charging price or other legal services conditions not yet open to the public, damage the legitimate rights and interests of law firm.
The eighth section law norms in practice in the organization
   1 lawyers in the contractor entrusted affairs, it shall report to the law firm to insurmountable difficulties and risks. The lawyer and client dispute, solution lawyers shall accept the law firm.
   2 lawyers practicing law firm for fault caused by the loss, law firm lawyers shall have the right to.
   3 lawyers on the assignment for auxiliary personnel affairs errors shall take remedial measures, or to stop, and bear the responsibility.
   4 lawyers practicing institutions change, shall handle the transfer formalities according to the provisions of. After the transfer of lawyers, and shall not damage the interests of the law firm, shall abide by the promise to keep the business secrets; shall not provide legal services for the law firm is to provide legal services to the clients. To accept the transfer of the lawyers law firms shall in turn the lawyers accept the attention to eliminating the factor of unfair competition, shall not be required, condone or assist the lawyers engaged in damage to the interests of the law firm behavior.
Code of conduct ninth lawyers and the lawyers management or administrative agency relationship in
1, to accept the industry management and administrative duties
2, major matters reporting obligations. Lawyers and law firms to participate in international law or other organization and became a member of the bar association approved, shall in advance report. The lawyer to participate in overseas international organization to Chinese lawyers, lawyers association for the record shall be submitted, speech communication in the meeting, the speech content shall also report Lawyers Association for the record. Lawyers and law firms for practicing as a civil defendant or identified as a criminal suspect or by the administrative organs of the investigation, punishment, shall make a written report to the lawyers association.
   3, participate in the bar association activities obligations.
4, and consciously accept the mediation obligations. Lawyers and law firms shall properly handle the disputes occurred in the practice of a lawyer, and consciously accept the mediation Lawyers Association and related mechanism. Lawyers and law firms shall conscientiously perform their lawyers association of lawyers dispute ruling.
The tenth section bar code of conduct in the litigation and Arbitration
1, avoid the duty lawyer
"Lawyers Law" the thirty-sixth regulation, who once served as a judge, prosecutor, lawyer, from the people's court, people's Procuratorate within two years after leaving his post, shall not act as agent ad litem or defend people. In addition, "the judges law" seventeenth stipulation, to judge from the people's court within two years after leaving, not as a lawyer acts as agent ad litem or. Judge from the people's court after leaving, shall not act as agent ad litem or defend the handling of cases, the court. The spouse, child or an agent ad litem or defense as the judge the cases handled by the court. "The public procurators law" provisions of article twentieth, the prosecutor from the people's Procuratorate within two years after leaving his post as a lawyer, shall not act as agent ad litem or defend people. Prosecutors from the people's Procuratorate after leaving, shall not act as agent ad litem or defend the procuratorate for handling cases. The prosecutor's spouse, children may not be an attorney or defender for the prosecutors case handled by the procuratorate office. Lawyers for legal reasons or according to the relevant provisions shall not act as agent ad litem or defend people, shall refuse the entrustment of the parties, or cancel the entrustment contract.
Real duty 2, lawyer
A lawyer shall not threatening, luring others to provide false evidence;
Shall not use other people's privacy and illegal behavior, coercing others to provide evidence inconsistent with the actual situation;
Shall not use the material or non-material interests tempt others to provide false evidence.
A lawyer shall not to the judiciary and arbitration institution knowingly submit false evidence provided by others.
The lawyer as witness, shall not be appointed the defender or agent to appear in court.
   3, judicial review and litigation propaganda standard
A lawyer shall not in public places or spreading, provide with the judicial personnel and the personnel to the media the qualifications and conduct related rash remarks.
In the litigation or arbitration cases before a final judgment, the undertaking lawyer may not through the media or in public places to publish any may reasonably be considered to damage the judicial fair speeches.
   4, safeguard judicial legitimacy and decent work norms
Lawyers in the process of practice, because whether the right of the facts of the true, the evidence authenticity and applicable law and litigation the party there, or to submit new evidence to the case undertakers, can with the case undertakers designated places of contact and exchange of views within the departments of justice.
A lawyer shall not unilaterally meet judges in violation of provisions.
A lawyer shall not to the judiciary and arbitration institutions for property, but not to promise to return or provide other facilities (including material interests and non-material interests) and so on, to deal with the case of judicial or arbitral personnel.
The lawyer shall not borrow a judge or their close relatives, weddings and funerals for gifts, money, securities; not to judge a treat or gift, bribery or instigating, inducing a party gifts, bribery; not to judge decoration housing, purchase commodities or invite the entertainment, tourism activities; not for the reimbursement of any costs; shall not lend transportation, communication tools or other objects to the judge.
   The lawyer may not make use of the name or in contact, reward the judge on the grounds, to obtain property or other interests to party.
Lawyers in the case before the agent and agent in the process, not to the parties claim by relatives and friends, classmates, colleagues, teachers and students have relationship with the court judges, and shall not make use of this relationship or a legal ban of other forms of interference or influence the trial of the case.
A lawyer shall not express or implied the agency, defense and other legal services business for its. A lawyer shall not in various illegal means to inquire about the details of a case, not illegal to mislead the parties of litigation.
Code of conduct eleventh lawyer practicing institutions
1 obey the management authority for registration management act. The judicial administrative organ and the lawyers association is a combination of two under the system of lawyer management mechanism. One of the important contents of the registration and management of management is the important matters of the law firm. Therefore, law firms to change name, domicile, articles on major issues, partnership or dissolution, shall report to the original verification department. According to the relevant regulations, a law firm shall not engage in the following activities:
(1) use is not approved the name of the law firm engaged in activities, or unauthorized changes, lending the name of the law firm;
(2) to change the name, articles of association, responsible person, partner, domicile, the partnership agreement and other matters, did not apply for change of registration within the prescribed period of time;
(3) will not meet the requirements of personnel development for partners, partners or elected law firm;
(4) without approval, arbitrarily in domicile place to set up office, reception room, or allowed to establish branches;
2 maintenance of lawyer management serious obligations. A law firm shall not engage in the following activities:
(1) to the judicial administrative organ, the lawyer association providing false certification materials, concealing important facts or other resort to deceit behavior;
(2) allow or acquiescence by a penalty of cessation of practice for the lawyers to practice;
(3) the issuing or providing recommendation of the law firm, lawyer specialized instruments, toll bills, providing convenience for has not obtained the certificate of practicing lawyers or other attorneys to illegal practice;
(4) for the non lawyer staff lawyer business card printed, marks or other relevant lawyers issued proof of identity, or known to the staff have the behavior and not stopping
Code of conduct on the internal management of the 3
   Law firms have obligations through the establishment of law firm regulations and effective management measures, regulate their own practice and Supervision Law conscientiously abide by the code of conduct for lawyers, intervention and remediation of responsibility for violations of law. Law firms have oversight responsibility for the lawyers, for intervention and remediation of responsibility for violations of law. Law firms have the obligation to practice lawyer, lawyer, lawyer assistant, Legal Intern, administrative personnel and other auxiliary personnel in lawyer business and occupation moral guidance and supervision.
   4 of the principal norms of behavior.
Code of conduct 5 peer.
Occupation liability section twelfth lawyers
   1, the lawyer occupation responsibility
   The lawyer occupation liability, refers to lawyers in the practice activities, as in violation of the relevant law laws, regulations and practice discipline should bear the responsibility, including civil liability, administrative liability, criminal liability and disciplinary action.
   2, the lawyer's civil liability
   Civil liability of lawyer refers to lawyers and law firms in the practice activity, because the illegal practice of law or fault causes losses to the parties concerned, shall bear civil liability. Our country "lawyer law" forty-ninth article: "lawyer practises illegally or causes losses to a party due to his fault, the law firm shall bear the responsibility for compensation. Law firm compensation to be a deliberate or gross negligence of the lawyers claim. Lawyers and law firms may not be relieved of or limited in the civil liability of fault due to illegal practice of law or causes losses to a party should bear. "
   3, administrative responsibility of lawyers
   The administrative liability of lawyer refers to lawyers and law firms in violation of the regulations on the administration of the judicial administrative organ, should assume the responsibility. The main law of administrative liability is based on the "law" and the "measures for the punishment of the illegal acts of the lawyers and law firms".
   (A) on illegal acts of lawyers to implement the types of administrative punishment: warning; the confiscation of illegal income; stop practicing; revoke the practising certificate. For violations of the law firm implementation of the types of administrative punishment: warning; the confiscation of illegal income; rectification; revoke the practising certificate. The confiscation of illegal income, illegal income may be 1 times more than 5 times the amount of.
(B) a lawyer commits one of the following acts, a lawyer's practice certificate shall be revoked by the judicial administrative department of the province, autonomous region, or municipality directly under the central government; constitutes a crime, shall be investigated for criminal responsibility according to law:
(1) disclosure of state secrets;
(2) to a judge, prosecutor, arbitrator or other relevant working personnel bribery, bribery or by inducing a party; (3) to provide false evidence, concealing important facts or threatening, luring others to provide false evidence, concealing important facts.
(4) criminal punishment for an intentional crime, his lawyer's practice certificate shall be revoked.
(C) law firm in any of the following circumstances, to revoke the practising certificate punishment by the province, autonomous region, municipality directly under the central government, the judicial administrative organ; if there is illegal income, the confiscation of illegal income, and may also impose a fine:
(1) punishment rectification after refusing to correct, or in the rectification period to continue practice;
(2) to bribe judges, prosecutors, arbitrator or other relevant working personnel;
(3) subject to criminal punishment;
(4) other illegal acts, seriously damage the image of the lawyer occupation.
   Discipline 4, lawyer
   Disciplinary counsel Lawyers Association, acts of lawyers and law firms lawyer practicing normalized trade sanctions against.
The lawyers and law firms of the disciplinary methods: sermons; criticism; censure; cancel the membership.
Note: the focus of law law law:
One, sixth the qualification as a lawyer shall pass the uniform national judicial examination. With colleges and legal professional bachelor degree or above, other institutions of higher learning bachelor degree with professional knowledge of law, the state judicial examination qualified, qualified.
Local application of the provisions of the preceding paragraph qualifications is difficult, after examination and judicial administrative department of the State Council, within a certain period of time, can the education conditions for the relaxation of legal professional education colleges.
Two, seventh has above undergraduate college education, engaged in legal research, teaching or other professional work and has a senior professional title or of an equivalent professional level, to apply for practicing law, by the judicial administrative department of the State Council for approval in accordance with the conditions prescribed confer the lawyer qualification examination.
Three, eighth support the constitution of the Republic of China and meet the following conditions, may apply for a lawyer's practice certificate:
(a) has the qualification as a lawyer;
(two) internship at a law firm for a full year;
(three) the good conduct.
Four, ninth in any of the following circumstances, not to issue a lawyer's practice certificate:
(a) without civil capacity or with limited capacity for civil conduct;
(two) has been subjected to criminal punishment, except for a crime of negligence;
(three) were dismissed from service or revocation of a lawyer's practice certificate.
Five, tenth applications for a lawyer's practice certificate, it shall submit the following documents:
(a) application form;
(two) a lawyer qualification certificate;
(three) the applicant issued by a law firm practice identification materials;
(four) a copy of the identity certificate of the applicant.
Six, Twelfth lawyers shall practice in a law firm shall not at the same time, in two or more law firm. lawyers without geographical.
Method: this method is forty-fourth, 51.
Mean decomposition:
1 the provisions of this article is to practice management. The lawyer only general in the law firm practice, and can only be engaged in lawyer in a law firm, and only practice in a law firm, and shall not concurrently in two or more law firm. If the violation of this provision also law firm in more than two, according to the provisions of article forty-fourth, shall be made by the judicial department (bureau) where the provincial or City Judicial Bureau shall give it a warning, or stop practicing for more than 3 months to 1 years of punishment, and shall be confiscated.
2. but the lawyer is not subject to geographical constraints, this is the second paragraph of this article. Of course, this provision is aimed at China lawyer, but not applicable to foreign law, according to the law the fifty-first regulation, the establishment of offices of foreign law firms to engage in legal service activities within the territory of China shall be separately formulated the provisions of this law are not applicable, and.
Working staff of seven, thirteenth of the state organs shall not concurrently practice as a lawyer. Congress Standing served at all levels of people's representative committee, shall not.
Method: the ninth article of this law.
Mean decomposition:
1 the provisions of this article is of certain personnel shall not be engaged in lawyer work in a given period of time. One is the working personnel of state organs shall not concurrently practice as a lawyer during his term of office, the two is the Standing Committee of the people's congresses at various levels (the Committee) during his term of office, shall not practice.
2 this article relates to the important concepts of part-time lawyers, according to the provisions of the Ministry of justice, for engaging in part-time lawyer staff, should be the law school (Department), the legal research units engaged in law teaching, staff. The provisions of the state organs working personnel shall not as a part-time lawyer, is actually follow the requirements of the.
3. note that this and the ninth relations, with the provisions of this article and not to issue a lawyer's practice certificate, but it may not be the legal name practice during his tenure, more than that can not participate in the examination for the qualification as a lawyer.
Eight, fifteenth
Mean decomposition:
1 the provisions of this article is the statutory conditions law firm established in nature. First of all, the nature of law firm is the organization, lawyer secondly, conditions of establishment law firm must include their name, domicile, articles of association, a certain amount of assets and the legal counsel.
2 concerning the establishment of a law firm condition, this article is clear, the need to pay attention to is the "are consistent with the provisions of this Law in accordance with the relevant provisions of law" shall be the number of full-time lawyers and more than 3 people.
Nine, twentieth law firm may establish branch offices. The establishment of a branch office shall, where the branch is to be located in the provinces, autonomous regions, municipalities directly under the Central People's government judicial administrative departments in accordance with the provisions of the conditions of the audit. A law firm shall undertake liability for the establishment of the branch of debt.
Method: this method is fifteenth, 19.
Mean decomposition:
1 this article is about the law firms to establish branch offices, according to the relevant provisions, the branch of law firms to establish must also have the requirements of article fifteenth (except for articles, articles and the like). The establishment of a branch shall be made by the judicial administrative department at the provincial level to establish branch offices located in audit. Here need to pay attention to two points: one is the audit department should be where the branch is to be located rather than this place; two is the audit department level is the provincial level rather than at the provincial level and above (Nineteenth are at or above the provincial level).
2 note law firm for the establishment of the branch's liabilities. That is to say the provisions law firm liability is different from the law of the sixteenth article, article seventeenth, article eighteenth, not by total assets branch to assume responsibility, but by the establishment of the office of the law firm shall bear the responsibility.
Ten, twenty-fourth law firms and lawyers shall not to defame other lawyers or paying middleman's fee and other improper means to solicit business.
Method: this method is forty-fourth, 47
Mean decomposition:
Between 1 the provisions of this law firms and lawyers shall not conduct unfair competition, unfair competition, this mainly refers to the ruin other lawyers or paying middleman's fee and other means to solicit business. "Discipline" thirty-seventh specific provisions unfair competition performance: (1) depreciation or destroying other lawyers or law firms; (2) to the client or sponsor various nominal wealth, and the benefits promised; (3) the news media or other means, attract business, show off their rejection counterparts; (4) the relationship between business monopoly and administrative organs, social groups and organizations; (5) other unfair means of competition. 2. if the lawyer himself in violation of the above provisions, shall be punished in accordance with the provisions of this Law shall be forty-fourth; if is a law firm in violation of the above provisions, shall be punished in accordance with the provisions of this article forty-seventh.
Eleven, twenty-ninth client may refuse to continue to defend the lawyer or their agent, also can be a lawyer, served as counsel or agent. The lawyer entrusted, without any justifiable reason, shall not refuse to defend or agent, but the matters entrusted to engage in illegal activities, illegal, or the client to hide the fact that the client uses the service provided by the lawyer, the lawyer shall have the right to refuse to defend or agent.
Method: the forty-fourth article of this Law
Mean decomposition:
1 for the client, have the right to refuse to continue to defend the lawyer or their agent, in the course of legal proceedings, the client has the right to authorize another lawyer to defend or the agent, the principal to exercise these rights need not be lawyers agreed principles. But for the entrusted attorney, the entrusted, without good reason, refuse to defend or agent shall not, at this point, "discipline" twenty-sixth also made specific provision, if the lawyer in violation of the provisions of this law, shall be in accordance with the provisions of article forty-fourth shall bear legal responsibility. Visible, between the principal and the lawyers on refuse to defend or agent right is not consistent.
2 lawyers only in justified cases, have the right to refuse to defend or agent, but the law the "justification" have a more clearly defined, according to the provisions of this article, in the following three kinds of circumstances, a lawyer may refuse to defend or agent: one is the entrusted matters illegal; two is the principal use of lawyers service to engage in illegal activities, the three is the client conceals facts. "Discipline" twenty-fifth also provides that, in the following circumstances, the lawyer shall provide legal services for clients, knowing that the requirements of clients or behavior is illegal, or immoral, or fraudulent.
3 it is worth noting that, if the matters entrusted lawyer who was commissioned by the illegal still agent, causing losses to others, it shall bear joint and several liability by the lawyer client jointly, this is "a basic requirement of the general principles of the civil law" on the agent system.
Twelve, the thirty-fourth article of the law shall not be in the same case, for both parties to act as agent.
Method: the forty-fourth article of this law.
Mean decomposition:
1 the provisions of this article is the relationship between lawyer and client, the other party should always follow the basic principles; shall not act as agent for the parties involved in the same case.
2 may not represent both parties is mainly in the same case, even if the lawyer and a party to lift the principal-agent relationship is not acting, but to have nothing to do with the case of other legal affairs in principle does not apply, this requires only if during the principal-agent relationship existence for his client agreed.
Thirteen, thirty-sixth served as judges, prosecutors, lawyers, from the people's court, the people's Procuratorate within two years after leaving his post, shall not act as agent ad litem or defend people.
Method: this method is thirteenth, 24.
Mean decomposition:
1 this article is actually unfair competition is prohibited between lawyers, legislative spirit with the thirteenth, twenty-fourth basic agreement. But not banned once served as a judge, prosecutor personnel engaged in lawyer work, only the provisions of its within a certain period of time to practice restrictions.
2 according to the provisions of this article, once mention of judges and prosecutors, lawyers, from the people's courts, the people's Procuratorate within two years after leaving his post shall not act as agent ad litem or defend people. Firstly, the researchers must have already departed from the court, procuratorate, court, procuratorate in if there is work, according to the provisions of section first of the act of thirteenth, part time lawyer's job is not allowed to leave, and achieve some time before the name of a lawyer acts as agent ad litem or. Note that in these two years, although it can not act as agent ad litem or defend people, but as a legal advisor and engage in other non litigation activities, the law does not prohibit.
Fourteen, thirty-seventh
Method: the thirty-eighth article of this law.
Mean decomposition:
1 the provisions of this article is the nature and organization of lawyers association. According to the first paragraph of this article, the quality of the lawyers association is a social organization with legal personality, self disciplinary organization of lawyers. It does not belong to an administrative organ, organization of lawyers lawyers association produced by election, responsible to the lawyers and Lawyers Association; the formulation of the articles of association and is a constraint on the law by Congress, but lawyers association in accordance with the Charter not only the rights of sanctions on the violation of law, but also has the obligation to guarantee the legal practice.
About 2 lawyers association organization, the second paragraph of this article stipulates that lawyers association, there are three levels: the establishment of the all China Lawyers Association, the provincial administrative region to establish local lawyers association, located in the city district to establish local lawyers association. Among them, third namely the districts of the city set up, will be decided according to the specific conditions and actual needs.
About 3 Lawyers Association. The thirty-eighth article of this Law shall be stipulated by the National Congress of the members, unified, and reported to the judicial administrative department of the State Council for the record. Notice that here is "for the record" rather than "approved".
Fifteen, thirty-ninth lawyer must join his local lawyers association. Joined his local lawyers association, is also a member of the all China Lawyers association. Lawyers association in accordance with the Law Association, shall enjoy the rights granted by, fulfill their obligations under the constitution.
Sixteen, forty-first lawyer must undertake the duty of legal aid in accordance with state regulations, due diligence, provides legal services to the recipient.
Method: forty-second.
Mean decomposition:
1 the provisions of this article is the lawyer legal aid obligations. Attention should be paid to the scope of legal aid:
(1) to support the case;
(2) injury cases;
(3) the criminal cases;
(4) request state compensation cases;
(5) requests the court to grant pension. At the same time, request the person is a citizen and unable to pay the lawyer fees. Pay attention to corporate organizations and other units are not within the scope of legal aid. In addition, the criminal case no nature and degree program requirements, and as long as the behavior person in criminal suspects, defendants status and cannot afford lawyers fees, you can request for legal aid.
2 bear the legal aid lawyer's legal obligation, the forty-second article of this Law emphasized this point.
Seventeen, forty-fifth lawyer commits any of the following acts, a lawyer's practice certificate shall be revoked by the judicial administrative department of the province, autonomous region, or municipality directly under the central government; constitutes a crime, shall be investigated for criminal responsibility according to law: (a) disclosure of state secrets; (two) to a judge, prosecutor, arbitrator or other relevant working personnel bribery or instigating, inducing a party to bribery; (three) to provide false evidence, concealing important facts or threatening, luring others to provide false evidence, concealing important facts. Criminal punishment for an intentional crime, his lawyer's practice certificate shall be revoked.
Eighteen, forty-ninth lawyer practises illegally or causes losses to a party due to his fault, the law firm shall bear the responsibility for compensation. Law firm compensation, to be a deliberate or negligence lawyer recovery. Lawyers and law firms may not be relieved of or limited civil liability of fault for the losses caused to a party concerned shall bear the illegal practice of law or.
Method: twenty-third.
Mean decomposition:
1 the provisions of this article is the civil liability of lawyer. The lawyer engaged in business activities, is the principal agent contract law firm and the parties signed the contract proposal based on, is a kind of civil agency relationship, so the lawyer because of fault or illegal cause losses to the parties concerned, it shall bear the liability for compensation. According to the provisions of this law due to the implementation of article twenty-third, the law firm unity case, unified charging system, therefore, subject to bear the liability for compensation shall be the lawyer's law firms and non lawyer I.
2 the law firm by the loss of the parties shall bear the liability for compensation, but is not to say that eliminates the fault liability law firm lawyers, the parties to the compensation, to be a fault of the lawyer recovery, but ask the lawyer has intentionally or with gross negligence. The second paragraph of this article also stipulates, lawyers and law firms may not be relieved of or limited civil liability for fault causes losses to a party should bear the illegal practice of law or. This is necessary in order to protect the legitimate rights and interests of the parties.

A lawyer is a legal adviser to bank B, legal adviser at the same time as the C C Real Estate Company, Real Estate Company proposed a loan application to bank B, a lawyer draw up related loan contract for the Real Estate Company, bank B requires a lawyer C Real Estate Company submitted loan contract providing legal advice. In these circumstances, a lawyer to take what behavior is correct?
A. Real Estate Company is a legal adviser to C B Banking Company, the Real Estate Company agreed, to continue agent
B. explained to B bank itself is a legal adviser C Real Estate Company, providing legal advice to
C. to the law shall explain the situation, the legal problems of the other lawyer agency Review B Bank loan contract
D. B Bank to explain the situation, legal advice B Bank and employ other lawyers review the loan contract
[answer]
D
[knowledge]
The lawyer occupation moral
[solution]
"The provisions of article twenty-eighth lawyer occupation and occupation moral discipline:" a lawyer shall not represent both parties involved in the same case. Agents with a law firm shall not be the case, except in remote areas only a law firm. According to this provision, a lawyer and a lawyer law firm where he C Real Estate Company submitted loan contract does not provide legal advice. So the option of AC should not.
Option B is very disturbing, the latter half of "refusing to provide legal advice" is correct, but for reasons "is a legal adviser" C Real Estate Company is not set up. In this case, a lawyer can not provide legal advice to bank B, because the loan contract is a lawyer draft.