Do judges and lawyers ask for withdrawal?

The judge and lawyer asked for withdrawal. In fact, lawyers don't mean to avoid it, but if there is a special relationship, lawyers should make it clear to their clients in advance. For example, lawyers have made it clear that colleagues represent each other in other cases. In this case, if the client still agrees to let the lawyer be his own defender, the lawyer can not return.

1. Do judges and lawyers ask for withdrawal?

Yes, the situation that the judge needs to avoid is that the judge is a close relative of the party to the case, has a direct interest in the trial result of the case, has been an expert witness of the case, or has other relations with the party, which may affect the trial of the case, and the situation that the lawyer needs to avoid is that he has an entrusted relationship with the other party within one year, or is a close relative relationship.

A judge, a prosecutor or an investigator shall withdraw in any of the following circumstances, and the parties and their legal representatives also have the right to ask them to withdraw:

(1) Being a party to the case or a close relative of the party;

(2) He or his close relatives have an interest in the case;

(3) Having served as a witness, expert witness, defender or agent ad litem in this case;

(4) Having other relations with the parties to the case, which may affect the fair handling of the case.

In any of the following circumstances, the lawyer shall inform the client and take the initiative to withdraw, except that the client agrees to his agency or continue to undertake it:

(1) Accepting the entrustment of a party to a civil litigation or arbitration case, and other lawyers of the same firm are close relatives of the other party to the case;

(2) Being a defender of a criminal suspect or defendant in a criminal case, and being a close relative of the victim in the case together with other lawyers;

(three) the same law firm accepts litigation cases or other legal services entrusted by the other party who is not a party;

(4) The law firm has a legal service relationship with the client, and the client has not asked the lawyer of the law firm to act as the agent of its litigation or arbitration case, but the lawyer of the law firm acts as the agent of the other party of the client;

(five) within one year after the termination of the entrustment relationship, the lawyer accepts the entrustment of the other party who has an interest in the original client on the same legal matter;

(6) Other similar situations that can be judged according to the lawyer's practice experience and industry common sense.

Second, what are the reasons for applying for the withdrawal of the judge?

If a judge is under any of the following circumstances, the parties and their legal representatives have the right to request withdrawal, but they shall provide relevant evidence:

(1) meeting with one of the parties to the case and his agent or defender without approval;

(2) recommending or introducing agents or defenders for the parties to a case, or introducing lawyers or other personnel to handle the case;

(3) accepting property and other benefits from the parties to the case and their clients, or asking the parties and their clients to reimburse expenses;

(four) accept banquets or participate in various activities by the parties to the case and their clients at their own expense;

(5) Borrowing money from the parties to the case and their clients, borrowing vehicles, communication tools or other articles, or accepting the interests of the parties and their clients in purchasing goods and decorating houses.

In our daily life, the avoidance between lawyers and judges is clearly stipulated in our civil procedure law and related lawyers' laws. As far as the judge is concerned, he cannot have an interest relationship with the parties to the case.