The lawyer occupation standard summary

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  • / Author: Aaron Lewis

Order of the Peoples Republic of China
(No. seventy-sixth)


(related information:Local regulations 578 The referee instruments 59 Revision history Provisions interpretation Article 255)

"The lawyers law of the PRC"By the thirtieth meeting of the Standing Committee of the people's Republic of China the Tenth National People's Congress in October 28, 2007 through the revision, the revised"The lawyers law of the PRC"Published, shall enter into force as of June 1, 2008.

Hu Jintao president of the people's Republic of China
In October 28, 2007

The lawyers law of the PRC
(by May 15, 1996 eighth session of the National People's Congress Standing Committee of the nineteenth meeting of the Ninth National People's Congress in December 29, 2001 twenty-fifth session of the Standing Committee on the "Modify the 'law' of the people's Republic of China decision"Revised in October 28, 2007 tenth session of the National People's Congress Standing Committee of the thirtieth meeting of revision)

Catalog

Chapter I General Provisions
The second chapter lawyer practicing license
The third chapter law firm
The fourth chapter of business lawyers and rights, obligations
The fifth chapter Lawyers Association
The sixth chapter legal liability
The seventh chapter supplementary provisions

Chapter I General Provisions

Article 1In order to improve the system, and regulate the practice of lawyers, guarantee the legal practice, play the role of lawyers in the building of a socialist legal system, the enactment of this law.

Article secondCalled the lawyer "as mentioned in this law, refers to the lawyer's practicing certificate according to law, authorized or designated, to provide legal services for a client practitioners.(in marriage and family in the case of the general mandate to the best)
A lawyer shall safeguard the legitimate rights and interests, maintain the correct enforcement of law, and maintain the social fairness and justice.

Article thirdLawyers must comply withConstitutionAnd the law, abide by the law occupation ethics and practice discipline.
Lawyers must take the facts as the basis, take the law as the criterion.
Practice by lawyers shall be subject to supervision of the state, society and the parties.
The lawyers' practice according to law shall be protected by law, any organization or individual shall infringe upon the legitimate rights and interests of lawyers.

Article fourthThe judicial administrative department in accordance with the law on lawyers, law firms and Lawyers Association for supervision, guidance.

The second chapter lawyer practicing license

Article fifthTo apply for practicing law, shall meet the following conditions:
(a) supportThe constitution of the PRC;
(two) through the national judicial examination;
(three) internship at a law firm for a full year;
(four) the good conduct.
The lawyer qualification certificate to obtain the uniform national judicial examination before, in the application for practice of law, has the same effect with the uniform national judicial examination certificate.

Article SixthTo apply for practicing law, shall be submitted to the municipal districts or municipalities directly under the central government, the District People's government, the judicial administrative department of the application, and submit the following materials:
(a) the uniform national judicial examination certificate;
(two) Bar Association issued by the applicant practice examination qualified materials;
(three) identity certificate of the applicant;
(four) issued by the law firms agree that accept the applicant.
To apply for part-time lawyer, should also be submitted to the unit agreed that the applicant part-time lawyer occupation.
The department accepting the application shall be the examination within twenty days from the date of acceptance, and the examination opinions and all the application materials submitted to the provincial, autonomous regions, municipalities directly under the central government, the judicial administration department. The judicial administrative department of the province, autonomous region, municipality directly under the central government shall the examination within ten days from the date of receipt of the materials submitted, decide whether to grant a decision. Granted, issued a lawyer's practice certificate to the applicant; is not granted, the reasons to the applicant in writing.

Article seventhThe applicant is under 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.

Article eighthWith the above undergraduate education, engaged in professional work in the legal service personnel shortage areas over fifteen years, with a senior professional title or equivalent professional level and have the corresponding professional knowledge of the law to apply for personnel, full-time lawyer, the justice administrative department under the State Council doorAssessmentQualified, if the practice. The specific measures shall be formulated by the state council.

Article ninthAny of the following circumstances, the judicial administration department of the province, autonomous region, or municipality directly under the central government decided to withdraw if the practice of lawyer's practicing certificate of cancellation, and was granted practitioners:
(a) obtained a lawyer's practice certificate by fraud, bribery and other illegal means, the applicant;
(two) do not meet the conditions for the provisions of this law, the applicant is granted.

Article tenthOnly lawyers to practice in a law firm.The lawyer practicing institutions change, shall apply for replacement of the lawyer's practicing certificate.
The lawyer was not restricted by region.

Article eleventhCivil servants shall not concurrently practice as a lawyer.
As a lawyer of the Standing Committee of the people's congresses members, tenure shall not act as agent ad litem or defender.

Article twelfthColleges and universities, research institutions engaged in legal education, research staff, in accordance with the law fifth stipulation condition, the unit agreed, in accordance with the provisions of this law the provisions of article sixth of the program, can apply for a part-time lawyer.

Article thirteenth　Has not obtained a lawyer's practice certificate, shall not engage in legal services in the name of lawyer; except as otherwise provided for by law, shall not act as agent ad litem or defender.

The third chapter law firm

Article fourteenthLaw firm is the organization of the lawyer. The establishment of a law firm shall meet the following conditions:
(a) possession of its own name, domicile and articles of association;
(two) are consistent with the provisions of this Law lawyer;
(three) the establishment of people should have certain experience, and three years have not been stopped practicing lawyer punishment;
(four) in line with the provisions of the judicial administrative department of the State Council, the amount of assets.

Article fifteenthThe establishment of a partnership law firm, in addition to shall conform to the provisions of the fourteenth conditions, there shall be three or more partners, the establishment of people should be more than three years of practicing experience lawyer.
A partnership law firm can use general partnership or the establishment of special general partnership. A partnership law firm partners according to the partnership form for the debts of the law firm shall bear the responsibility.

Article sixteenthThe establishment of personal law firm, in addition to shall conform to the provisions of the fourteenth conditions, one should also be set up with five or more years of practicing experience lawyer. He shall bear unlimited liability for the debts of the firm.

Article seventeenthApplication for establishment of law firm, it shall submit the following materials:
(a) application form;
(two) the name, articles of association of the law firm;
(three) the lawyer list, resume, ID, a lawyer's practice certificate;
(four) the domicile certificate;
(five) proof of assets.
The establishment of a partnership law firm, a partnership agreement shall also be submitted.
(related information:Local regulations 2 Provisions interpretation Article 2)
Article eighteenthThe establishment of a law firm, shall be submitted to the municipal districts or municipalities directly under the central government, the District People's Government of the judicial administrative department for acceptance of the application, the Department shall make the examination within twenty days from the date of acceptance, and the examination opinions and all the application materials submitted to the provincial, autonomous region, direct jurisdiction of the judicial administrative department of the Municipal People's government. The judicial administrative department of the province, autonomous region, municipality directly under the central government shall the examination within ten days from the date of receipt of the materials submitted, whether to approve the establishment of decision. To establish, issued by the law firms practising certificate to the applicant; disapproving the establishment, the reasons to the applicant in writing.
(related information:Local regulations 7 Revision history Provisions interpretation Article 2)
Article nineteenthFounded three years and has more than twenty lawyers of partnership law firms, 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 government, the judicial administrative department. The application for establishing a branch in accordance with the provisions of this law, the provisions of the eighteenth procedures.
A partnership law firm shall be liable for the debts of its branch.
(related information:Local regulations 10 Revision history Provisions interpretation Article 2)
Article twentiethState funded law firm lawyers, independently carry out business in accordance with the law, with all the assets of the firm is liable for the debts.
(related information:Local regulations 2 Revision history Provisions interpretation Article 1)
Article twenty-firstLaw firm changes its name, person in charge, the articles of association, partnership agreement, shall be approved by the original examination and approval authority.
The change of domicile, a partner in a law firm, should be from the change within fifteen days from the date of the original examination and approval authority for the record submitted.
(related information:Local regulations 1 Revision history Provisions interpretation Article 1)
Article twenty-secondLaw firms in any of the following circumstances, it shall terminate:
(a) cannot maintain the legal conditions for the establishment, after rectification still fail to meet the conditions;
(two) law firms practising certificate was revoked in accordance with the law;
(three) decide to disband;
(four) other circumstances shall be terminated in accordance with the provisions of laws, administrative rules and regulations.
Law firm is terminated, by issuing the practicing certificate shall cancel the firm's practicing certificate.
(related information:Provisions interpretation)
Article twenty-thirdA law firm shall establish and perfect the management review, conflict of interest, fees and financial management, complaint investigation, annual examination, file management system, supervise the law to comply with the occupation moral, professional discipline in the practice activities of.
(related information:The referee instruments 2 Provisions interpretation Article 1)
Article twenty-fourthA law firm shall annually in the annual assessment, the judicial administrative department to the districted city or municipality directly under the central government, the District People's government submitted its annual practicing report and lawyer practicing assessment results.
(related information:Provisions interpretation)
Article twenty-fifthLawyers undertake business, their law firm shall uniformly accept entrustment, sign written entrustment contract with the client, in accordance with state regulations, collect fees and truthfully.
Law firms and lawyers shall pay tax in accordance with law.
(related information:The referee instruments 5 Revision history Provisions interpretation Article 2)
Article twenty-sixthLaw firms and lawyers shall not solicit business by slandering other law firms, lawyers or paying middleman's fee or other improper means.
(related information:Revision history Provisions interpretation)
Article twenty-seventhLaw firm shall not be engaged in business operations other than legal services.
(related information:The referee instruments 1 Provisions interpretation Article 2)

The fourth chapter of business lawyers and rights, obligations

Article twenty-eighthThe lawyer may engage in the following business:
(a) entrusted to the natural person, legal person or other organization, the legal adviser;
(two) acceptance of civil cases, administrative cases parties, act as agent to participate in litigation;
(three) entrusted by the criminal suspect, to provide legal advice, complaints, charges, application for bail for the arrested suspect, acceptance of criminal suspects and defendants, commission or the people's court appointed, as a defender, accept a case of private prosecution, the prosecutor homicide victims or their close relatives trust, act as agent, to participate in the proceedings;
(four) accept the Commission, representing all kinds of litigation petition;
(five) accept the Commission, to participate in the mediation, arbitration activities;
(six) accept the Commission, to provide non litigation legal services;
(seven) other documents to answer inquiries regarding law, the litigation documents and related legal affairs.
(related information:Local regulations 61 Revision history Provisions interpretation Article 8)
Article twenty-ninthThe lawyer acting as legal counsel, shall be in accordance with the contract for the trustor provide opinions on relevant legal issues, draft and review legal documents, act as agent to participate in litigation, mediation or arbitration activities, handle other legal affairs as authorized, safeguard the lawful rights and interests of the client.
(related information:Revision history Provisions interpretation Article 2)
Article thirtiethA lawyer acting as agent in litigation or non litigation legal affairs agent shall, within the limits of authorization, safeguard the lawful rights and interests of the client.
(related information:The referee instruments 1 Revision history Provisions interpretation Article 3)
Article thirty-firstLawyer to defend, shall according to the facts and law, materials and opinions of the suspect, the defendant not guilty, a mitigated punishment or exemption from criminal responsibility, criminal suspects, defendants, safeguard the legitimate rights and interests.
(related information:Revision history Provisions interpretation Article 11)
Article thirty-secondThe principal may refuse to have been commissioned to continue to defend the lawyer or their agent, at the same time can be a lawyer acting as a defender or agent.
The lawyer entrusted, without good reason, refuse to defend or agent shall not. However, the matters entrusted illegal, the client uses the service provided by the lawyer to engage in illegal activities or the client intentionally conceals important facts related to the case, the lawyer shall have the right to refuse to defend or agent.
(related information:The referee instruments 1 Revision history Provisions interpretation Article 3)
Article thirty-thirdThe suspect first interrogation by the investigatory organ or coercive measures taken to date, the lawyer commissioned by a lawyer's practice certificate, certificate of his law firm and a power of attorney or legal aid official letter, have the right to meet the criminal suspect, defendant and understanding about the case. The lawyer to meet the criminal suspect, defendant, not monitored.
(related information:Revision history Provisions interpretation Article 23)
Article thirty-fourthThe appointed lawyer since the case of prosecution, to date, have the right to consult, extract and duplicate litigation documents and case material. The lawyer of the case by the people's court date, have the right to consult, extract and duplicate the case and all materials.
(related information:Revision history Provisions interpretation Article 14)
Article thirty-fifthThe appointed lawyer according to the case of need, may apply to the people's Procuratorate, the people's court for the collection, investigation and evidence obtainment or apply to the people's court to inform the witnesses to testify in court.
Attorney to investigate the evidence, with lawyers and law firms practicing certificate to prove, to investigate relevant units or individuals undertaking legal matters with the situation.
(related information:Local regulations 1 The referee instruments 4 Revision history Provisions interpretation Article 14)
Article thirty-sixthOr a defender, his right of debate or defense shall be protected in accordance with law.
(related information:Revision history Provisions interpretation)
Article thirty-seventhLawyers in the practice activities of the personal rights are not violated.
Lawyers in the courtroom, the agent shall be immune from legal defense opinions. However, publication of endangering national security, malicious slander others, seriously disrupting the order of the court except speech.
Lawyers in litigation activities due to suspected crime lawfully detained, arrested, detained, arrested authority should be in detention or arrest, after the implementation of the twenty-four hours to inform the lawyer's family, the law firm and the lawyers' association.
(related information:Revision history Provisions interpretation Article 9)
Article thirty-eighthA lawyer should be a state secret, commercial secret known in practicing law, the parties shall not disclose privacy.
The principal lawyer known in practice activities and other people do not want to reveal the situation and information, shall keep confidential. However, the client or other people for or are in the process of implementation of endangering national security, public safety and other serious endanger personal and property safety, criminal facts and information except.
(related information:Revision history Provisions interpretation Article 5)
Article thirty-ninthA lawyer shall not represent both parties involved in the same case, legal affairs shall not act with himself or his close relatives have conflicts of interest.
(related information:The referee instruments 1 Revision history Provisions interpretation Article 2)
Article fortiethA lawyer shall not commit any of the following acts in practice activities:
(a) to accept authorization, fee, accept the client's property or other interests;
(two) to seek the disputed by taking advantage of providing legal services rights;
(three) accept the other party's property or other interests, and the other party or third party malicious collusion, against the interests of the client;
(four) meeting with a judge, prosecutor, arbitrators and other relevant staff in violation of regulations;
(five) to bribe judges, prosecutors, arbitrator or other relevant working personnel, the introducing bribe or instigating, inducing a party to bribery, or by other improper means to influence the judge, prosecutor, arbitrator or other relevant working personnel to handle the case according to law;
(six) intentionally provide false evidence or threatening, luring others to provide false evidence, prejudice the other party lawfully obtained evidence;
(seven), the parties instigated by disrupting public order, endangering public safety and other illegal means to resolve the dispute;
(eight) to disrupt the order of a court, arbitration, litigation, arbitration interference with normal activities.
(related information:The referee instruments 3 Revision history Provisions interpretation Article 3)
Article forty-firstOnce served as a judge, prosecutor, lawyer, people's court, the people's Procuratorate from within two years after leaving his post, shall not act as agent ad litem or defend people.
(related information:Revision history Provisions interpretation Article 1)
Article forty-secondLawyers, a law firm shall perform the obligation of legal aid in accordance with state regulations, and provide legal services to meet the standards for the recipient, safeguard the legitimate rights and interests of the person under.
(related information:Revision history Provisions interpretation Article 1)

The fifth chapter Lawyers Association

Article forty-thirdThe lawyers association is a social organization legal person, self disciplinary organization of lawyers.
The establishment of the all China Lawyers Association, the provincial, autonomous region, municipality directly under the central government set up the local lawyers association, located in the city district according to the needs of local lawyers associations may be established.
(related information:Revision history Provisions interpretation Article 1)
Article forty-fourthThe all China Lawyers Association shall be formulated by the National Congress of the members, shall be submitted to the judicial administration department under the State Council for the record.
The local lawyers association shall be formulated by the local congress, submitted to the administrative department for justice at the same level for the record. The local lawyers association shall not conflict with the National Lawyers Association.
(related information:Local regulations 1 The referee instruments 1 Revision history Provisions interpretation Article 9)
Article forty-fifthLawyers, a law firm shall join his local lawyers association. Join in the local bar association lawyer, law firm, is also a member of the all China Lawyers association.
Bar Association members enjoy the rights stipulated in articles of association of lawyers, lawyers' Association to fulfill the obligations prescribed.
(related information:The referee instruments 1 Revision history Provisions interpretation Article 12)
Article forty-sixthLawyers' Association shall perform the following duties:
(a) guarantee the legal practice, safeguard the lawful rights and interests of lawyers;
(two) summary, exchanging Lawyers'Work experience;
(three) the development of industry norms and rules of punishment;
(four) to organize the professional training for lawyers and occupation moral, professional discipline, to the practice of law examination;
(five) the organization and management to apply for practicing law personnel training activities, the assessment of trainees;
(six) for lawyers, law firms to implement reward and punishment;
(seven) the admissibility of the complaint or report lawyer, lawyer mediation in disputes, lawyers complaint acceptance;
(eight) the laws, administrative regulations, rules and regulations of the association of the bar of other duties.
Industry standards formulated by lawyers associations and disciplinary rules, must not be inconsistent with the relevant laws, administrative regulations, rules and regulations.
(related information:Local regulations 1 Revision history Provisions interpretation Article 7)

The sixth chapter legal liability

Article forty-seventhThe lawyer has one of the following acts, shall be given a warning by the judicial administration department of a districted city or municipality directly under the central government, the District People's government, and may be fined five thousand yuan; if there is illegal income, the confiscation of illegal income; if the circumstances are serious, to stop the practice the following three months of punishment:
(a) at the same time lawyer in more than two;
(two) soliciting business by unfair means;
(three) to act as agent for the parties involved in the same case, or agency legal affairs of conflicts of interest with himself and his close relatives;
(four) from the people's courts, the people's Procuratorate within two years after leaving his post as agent ad litem or;
(five) refuse to fulfill the obligations of legal aid.
(related information:Local regulations 7 Revision history Provisions interpretation Article 1)
Article forty-eighthThe lawyer has one of the following acts, shall be given a warning by the judicial administration department of a districted city or municipality directly under the central government, the District People's government, and may be fined ten thousand yuan; if there is illegal income, the confiscation of illegal income; if the circumstances are serious, to stop practicing for more than three months following six months of punishment:
(a) to accept authorization, fee, entrusted property or other interests;
(two) after accepting the entrustment, without good reason, refuse to defend or agent, not on time to participate in litigation or arbitration;
(three) to seek the disputed by taking advantage of providing legal services rights;
(four) disclosure of commercial secrets or personal privacy.
(related information:Local regulations 6 Revision history Provisions interpretation Article 4)
Article forty-ninthThe lawyer has one of the following acts, by the judicial administrative department of a city with districts or municipalities directly under the central government, the District People's government to stop practicing for more than six months to one year's punishment, and may be fined fifty thousand yuan; if there is illegal income, the confiscation of illegal income; if the circumstances are serious, his lawyer's practice certificate shall be revoked by the judicial administration 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) meeting with a judge, prosecutor, arbitrators and other relevant staff in violation of regulations, or by other improper means of handling cases according to law;
(two) to bribe judges, prosecutors, arbitrator or other relevant working personnel, the introducing bribe, bribery or by inducing a party;
(three) to the judicial administrative departments to provide false materials or any other resort to deceit behavior;
(four) intentionally provide false evidence or threatening, luring others to provide false evidence, prejudice the other party's lawful obtaining of evidence;
(five) accept the other party property or other interests, and the other party or third party malicious collusion, infringement of the rights and interests of the client;
(six) to disrupt the order of a court, arbitration, litigation, arbitration interference with normal activities;
(seven), the parties instigated by disrupting public order, endangering public safety and other illegal means to settle disputes;
(eight) publication of endangering national security, malicious slander others, seriously disrupting the order of the court of speech;
(nine) disclosure of state secrets.
The lawyer for an intentional crime subject to criminal punishment, his lawyer's practice certificate shall be revoked by the judicial administrative department of the province, autonomous region, or municipality directly under the central government.
(related information:Local regulations 8 The referee instruments 1 Revision history Provisions interpretation Article 5)
Article fiftiethThe lawyer firm has one of the following acts, by the judicial administrative department of a city with districts or municipalities directly under the central government, the District People's government, depending on the circumstances given a warning, suspend business for more than one month following six months of punishment, and may be fined one hundred thousand yuan; if there is illegal income, confiscate the illegal income; if the circumstances are especially serious, a law firm practice certificate shall be revoked by the judicial administrative department of the province, autonomous region, or municipality directly under the central government:
(a) accept the Commission, charging fees in violation of the provisions;
(two) in violation of legal procedures to change its name, person in charge, the articles of association, partnership agreement, domicile, partners and other important matters;
(three) to engage in business operations other than legal services;
(four) the business by slandering other law firms, lawyers or paying middleman's fees and other illicit means;
(five) accept a conflict of interests in cases of violation of the provisions of;
(six) refuse to fulfill the obligations of legal aid;
(seven) to the judicial administrative departments to provide false materials or any other resort to deceit behavior;
(eight) the lawyer of the poor management, resulting in serious consequences.
Law firm offense punished by the preceding paragraph, the person in charge according to the seriousness of the circumstances, be given a warning or fined up to twenty thousand yuan.
(related information:Local regulations 10 The referee instruments 1 Revision history Provisions interpretation)
Article fifty-firstLawyers for violation of the provisions of this law, he shall be given a warning punishment cases occur in a year by warning punishment within, by the administrative departments of justice of a districted city or municipality directly under the central government and the District People's government to stop practicing for more than three months a year's punishment; in the subject to stop practice punishment after the expiry of two years and subject to stop practicing punishment, his lawyer's practice certificate shall be revoked by the judicial administrative department of the province, autonomous region, or municipality directly under the central government.
Law firms due to violation of the provisions of this law, the punishment rectification after the expiration of two years and shall give to rectify the closure of punishment, law firms practising certificate shall be revoked by the judicial administrative department of the province, autonomous region, or municipality directly under the central government.
(related information:Local regulations 3 Provisions interpretation Article 2)
Article fifty-secondThe daily supervision and management of the implementation of the judicial administrative department of the people's government at the county level or the practice of lawyers and law firms, the problems found in the inspection, shall be ordered to make corrections; the parties shall timely investigate complaints. The judicial administrative department of the people's government at the county level that the illegal acts of the lawyers and law firms shall be given administrative punishment, it shall put forward suggestions on punishment to the superior judicial administrative department.
(related information:The referee instruments 1 Provisions interpretation Article 1)
Article fifty-thirdBy six months or more to stop practicing lawyer punishment, punishment upon the expiration of the term of not more than three years, shall not serve as a partner.
(related information:Provisions interpretation Article 1)
Article fifty-fourthLawyer 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.
(related information:The referee instruments 4 Revision history Provisions interpretation)
Article fifty-fifthLegal services in the name of a lawyer lawyer's practicing certificate personnel is not achieved, by the judicial administration department of the local people's governments above the county level shall be ordered to stop the illegal practice of law, confiscate the illegal income, is more than five times the illegal income shall be imposed.
(related information:Local regulations 6 Revision history Provisions interpretation Article 1)
Article fifty-sixthThe judicial administration department staff in violation of the provisions of this law, breach of privilege, be forgetful of one's duties, which constitutes a crime, shall be investigated for criminal responsibility according to law; if no crime is constituted, he shall be punished according to law.
(related information:Local regulations 1 Provisions interpretation)

The seventh chapter supplementary provisions

Article fifty-seventhTo provide legal services to the army military lawyers, obtain and rights, obligations and code of conduct of the lawyer qualification, apply the provisions of this law. Specific measures for administration of military lawyers, formulated by the State Council and the Central Military commission.
(related information:Revision history Provisions interpretation)
Article fifty-eighthThe establishment of offices of foreign law firms to engage in legal service activities within the territory of the people's Republic of China Administrative Measures shall be formulated by the State Council.
(related information:Revision history Provisions interpretation)
Article fifty-ninthThe lawyer fees, by the competent department of price under the State Council in conjunction with the judicial administrative department under the State Council shall establish.
(related information:The referee instruments 1 Revision history Provisions interpretation)
Article sixtiethThis Law shall enter into force as of June 1, 2008.

Beijing city law firms to avoid conflict of interest rules (Trial)


　　
　　Article 1In order to standardize law firm business activities and the practice of law, safeguard the interests of the principal occupation, good image of lawyers, according to "The lawyers law of the PRCThe all China Lawyers Association ","The lawyer occupation moral and disciplinary norms"And"Beijing City lawyer specification", these rules are formulated.
　　
　　Article secondThis rule applies to register in the Beijing City Bar Association members, including law firms and lawyers.
　　
　　Article thirdSaid the rules of legal affairs, is refers to the entrusted matters, including various types of litigation, non litigation, arbitration agency, annual or special legal counsel and legal no other legal services expressly prohibited by law in.
　　
　　Article fourthSaid the rules of conflict of interest, is that there is a conflict of interests between the matters entrusted with a law firm agent and the other matters entrusted by the client, to continue agent will directly affect the interests of the relevant circumstances.
　　
　　Article fifthSaid the rules of interest conflicts, refers to the existence of the conflict between the same law firm or with a lawyer or agent has to two or more than two of the principal's interests, but still accept the entrustment agent behavior.
　　
　　Article SixthLaw firms and lawyers in handling legal affairs in the process, should adhere to the practice discipline and occupation moral, avoid conflicts of interest to the principal damage.
　　
　　Article seventhIn accepting the entrustment, a law firm shall carry interest conflict. Not only the conflict of interests between the clients circumstances can establish principal-agent relationship.
　　
　　Article eighthThere is a conflict of interest between the client, lawyers shall expressly to be commissioned by the client, in obtaining the relevant written consent granted, shall be reported to law firms and clients to establish agency relationship.
　　
　　Article ninthThe same law firm lawyers in undertaking legal affairs process, shall not engage in the following behaviors of conflict of interest:
　　
One, in the same litigation or arbitration cases, and accept the opposition parties entrusted;
　　
Two, in the same litigation or arbitration cases, once in the pre program acting party, and in the post program acceptance of cubic commissioned;
　　
Three, in a year as the annual or special legal counsel during and after the termination of the contract, and accept the legal counsel to units or individuals for cubic commissioned in the case of the litigation or arbitration;
　　
Four, in the same non litigation legal affairs, legal, administrative regulations specified may not accept opposition parties or the interests of all parties to the conflict to entrust, and accepted the commission;
　　
Five, the lawyer or his close relatives and undertake the legal affairs client have a conflict of interest.
　　
　　Article tenthThe same law in the process of undertaking legal affairs, shall not engage in the following behaviors of conflict of interest:
　　
One, in the same litigation or arbitration cases, but there are also accept non contradictory conflict of interests of two parties or more than two parties entrusted;
　　
Two, in the same litigation or arbitration cases, once in the pre program acting party, the other party commissioned in post procedure to accept non contradictory but there are conflicts of interest;
　　
Three, as various types of agents ad litem, arbitration agents, non litigation agent during and after the termination of the contract for one year, and accept to entrust the entrusted people on the cubic others in other litigation or arbitration cases.
　　
　　Article eleventhThe same law in the process of undertaking legal affairs, to engage in any of the following behaviors of conflict of interest, must be explained to be entrusted to the trustee, and obtain the written consent of the relevant:
　　
One, in the same non litigation legal affairs, to accept the conflicts of interest of two party or two party or commissioned at the same time, handle the specific affairs without a question of fact;
　　
Two, in the same non litigation legal affairs, to accept the conflicts of interest of two party or two party more trust, coordination, mediation work;
　　
Three, in the same non litigation legal affairs, and once built a principal-agent relationship, and to accept the entrustment of cubic or conflict of interest parties, but only to provide legal advice except;
　　
Four, in the same litigation or arbitration cases, and once built a principal-agent relationship, and to accept the entrustment of cubic or conflict of interest parties, but only to provide legal advice except.
　　
Counsel to the trustee to perform the obligations stipulated in relevant, and not within a reasonable time to submit a written objection, as has been made to correlate the client's consent.
　　
　　Article twelfthThe lawyer is different with a law firm, interest conflict behavior listed in tenth and eleventh, must be explained to be entrusted to the client, obtain the written consent of the relevant client, and shall set up a firewall in the relevant law, to prevent conflicts of interest and give the relevant damage.
　　
　　Article thirteenthA law firm shall perform the regulatory functions of interest conflicts, the lawyers in the practice appears, should according to the rules of ninth to twelfth under the circumstances, to prevent and remedy through the following methods:
　　
A lawyer, to fulfill the duty of disclosure;
　　
The waiver, checking the relevant client two;
　　
Three, a lawyer shall not accept the entrustment instruction;
　　
Four, refused to sign the agency agreement;
　　
Five, timely termination of the entrustment contract.
　　
　　Article fourteenthLaw firms, lawyers for violates the rules and causes principal loss, a law firm shall bear the responsibility to the trustee according to the provisions of the principal-agent contract, partnership law shall be liable to the other partnership law stipulated according to the partnership agreement, a lawyer should be according to the provisions of the employment contract law firms liable to.
　　
　　Article fifteenthBeijing City Bar Association accepted in violation of the rules of law firms, lawyers complaint, by lawyers disciplinary committee according to the procedure for verification, certification, evaluation, make corresponding decisions. Verified, can make the warning, circulate a notice of criticism, publicly criticized, suspension or termination of membership rights punishment according to the circumstances, if the circumstances are serious according to report to the judicial administrative department or judicial organ to administrative or legal liability.
　　
　　Article sixteenthThe client fails to explain the situation because of conflict of interest, resulting in law firms, lawyers in violation of the rules, shall be made by the trustee shall bear the corresponding liability.
　　
　　Article seventeenthThe 16 rule in 2001 June by Beijing Municipal Lawyers Association for the five session of the eight Council through the trial, since the release date.
　　
　　Article eighteenthThis rule is responsible by the Executive Council of Beijing Lawyers Association explained.
 
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