If you receive a red envelope, you can refuse to defend the client, but you can't be sued by the client for refusing to defend the client. These are two different legal relationships, and we can't confuse two things just because of a red envelope. If a party gives a valuable gift, it may not plead, but it cannot be prosecuted because the party does not plead. These are two different legal relationships, and we can't confuse two things just because of a red envelope. A lawyer shall not accept the property of the client in any way, and shall not borrow money from the client and his client in any way.
What is a lawyer?
A lawyer refers to a practitioner who has obtained a lawyer's practice certificate according to law, accepts entrustment or assignment, and provides legal services to the parties. You must pass the legal professional qualification examination and obtain the lawyer's practice certificate according to law before you can practice. According to the nature of work, lawyers can be divided into full-time lawyers and part-time lawyers; According to the scope of business, lawyers can be divided into civil lawyers, criminal lawyers and administrative lawyers; According to clients and working status, lawyers can be divided into social lawyers, corporate lawyers and public lawyers. Lawyer's business is mainly divided into litigation business and non-litigation business.
To sum up, lawyers can't accept clients' red envelopes. If you receive a red envelope, you can refuse to defend the client, but you can't be sued by the client for refusing to defend the client. These are two different legal relationships, and we can't confuse two things just because of a red envelope. A lawyer refers to a practitioner who has obtained a lawyer's practice certificate according to law, accepts entrustment or assignment, and provides legal services to the parties.
Legal basis:
Article 48 of the Lawyers Law of People's Republic of China (PRC):
If a lawyer commits one of the following acts, the judicial administrative department of the people's government at the municipal level or municipality directly under the Central Government shall give him a warning and may impose a fine of not more than 10,000 yuan; Illegal income, confiscate the illegal income; If the circumstances are serious, the punishment of stopping practicing for more than three months and less than six months shall be given:
(1) Accepting entrustment, charging fees, accepting property or other benefits from customers without permission;
(two) after accepting the entrustment, refusing to defend or represent without justifiable reasons, and not appearing in court on time to participate in litigation or arbitration;
(three) to seek the disputed rights and interests of the parties by taking advantage of the convenience of providing legal services;
(4) divulging business secrets or personal privacy.