One, "Lawyer law"

Article forty-seventh:The 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:

    1,At the same time lawyer in more than two;

    2,Soliciting business by unfair means;

    3,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;

    4,From the people's court, the people's Procuratorate within two years after leaving his post as agent ad litem or;

5,Refuse to fulfill the obligations of legal aid.

Article fiftieth:The lawyer firm has one of the following acts, 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, the confiscation of illegal income; if the circumstances are especially serious, a law firm practice certificate shall be revoked by the judicial administrative department of a province, autonomous region, municipality directly under the central government the Municipal People's government:

(five) accept a conflict of interests in cases of violation of the provisions of;

Two, "Measures for the punishment of the illegal acts of the lawyers and law firms"

Article seventh:Any of the following circumstances, which belongs to the "Lawyers Law" forty-seventh of the third paragraph of the lawyer "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 of the" illegal behavior:

1,In the same civil litigation, administrative litigation or non litigation legal affairs at the same time as a conflict of interest parties to act as agent or provide legal services;

2,In the same criminal cases at the same time as the defendant and the victim as a defender, agent, or at the same time for more than two criminal suspects, defendants as the defender of the;

3,Served as legal adviser, to provide legal services for a conflict of interest with the consultant unit party;

4,Once served as a judge, prosecutor, lawyer, agent, Defender of capacity to court, procuratorate office the original administrative cases;

5,Served as the arbitrator or arbitrators are served as a lawyer, as an agent for handling arbitration institutions their original posts or now serving in the case.

Article twenty-seventh:In one of the following cases, illegal behavior belongs to the "Lawyers Law" provisions of article fifth of the "fiftieth law firms to accept a conflict of interests in cases of violation of the provisions of the":

    1,Assign the lawyers for the same litigation plaintiff, defendant's agent, or the same criminal defendants defendants, victims of agent;

    2,Not in accordance with the regulations of the entrusted matters for examination of conflicts of interests, appoint lawyers simultaneously or in sequence as a conflict of interest in non litigation legal affairs to act as agent ad litem or parties to provide legal services;

    3,Knowing that the lawyers and their close relatives have a conflict of interest with the entrusted matters, still assigned to the lawyer acting as agent, counsel or provide legal services;

    4,Illegal pampering or let the lawyers have the measures prescribed in article seventh.

Three,"Lawyers" behavior norms

    Article fiftieth:In one of the following cases, lawyers and law firms shall establish or maintain a relationship with the parties:

    1,Lawyer acting as agent for both parties involved in the same case, or agency legal affairs of conflicts of interest with himself or his close relatives.

...

    4,The lawyer is different with a law firm at the same time as the same criminal case victim agent and the suspect, defendant's counsel, but in the county area of only one firm and prior consent of parties agree except;

    5,In civil litigation, administrative litigation, arbitration cases, different lawyer with a law firm as well as between the parties in dispute or the agent, or its staff is a party, the other party the other lawyers as agents;

    6,In non litigation business, in addition to jointly commissioned by the parties, a lawyer at the same time as the parties to the agent are interested;

    7,In the principal-agent relationship termination, and accept the other party entrusted with a law firm or a lawyer in the same case follow-up trial or processing.

Four, lawyers say

Accordingly, "lawyer law" and "illegal acts of lawyers and law firms punishment measures" ban is a lawyer at the same time for the same criminal cases more than two criminal suspects, defendants served as counsel, and law firms assign the lawyers for the same criminal defendant defender, the victim agent. But law firms assign the lawyers for different cases in different defense of the accused person is not prohibited.
    Defense of current laws do not ban the same law for different cases, the defendant's case. The author thinks, the reason, is because the same criminal cases only the defendant and the victim, a close relative of the victim is in direct opposition, similar in civil proceedings, the defendant of the original relationship, constitutes a "conflict of interest" sense of law. Between different defendant although its status, role, causal relationship that to a certain extent, while the existence of mutual checks and balances, but the benefits between the defendant not fundamentally opposite interests conflict, belonging to the "Lawyers Law" provisions of the respective not between.
    The lawyer for the same criminal case different defense of the accused, does not damage the legitimate rights of the defendant, the defendant will not increase the possibility of collusion; in addition, the lawyer instructions or help the criminal suspects, defendants collusion is illegal and even criminal behavior, but also against the law teacher occupation morality and Practice discipline, is prohibited. When the defendant commissioned by the same lawyer, although the lawyer contact different defendant, may work for exchange and communication, but not so that the communication between, but will not increase their collusion may, because of legal risk this lawyer instructions or help behavior is too big.
    To sum up, the same law can be a different court cases defending the different level of the defendant.