Generally speaking, the qualification of lawyer does not need to be avoided, and the objects to be avoided include judges and appraisers. If the judge of a case is a party to the case or his close relatives, he may recuse himself, or the party has the right to apply for recusal.
Both parties can request to quit in the following ways:
1, who is a party to this case or has lineal blood relatives, collateral blood relatives and in-laws within three generations;
2. I or a close relative has an interest in the case;
3. Having served as a witness, expert witness, inspector, defender or agent ad litem in this case;
4. Having the relationship of husband and wife, parents, children or brothers and sisters with the agent ad litem or defender in this case;
5. I have other interests with the parties to this case, which may affect the fair handling of the case.
The lawyer's withdrawal is as follows:
1, entrusted by one 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 with other lawyers;
3. The same law firm accepts litigation cases or other legal business entrusted by the other party who is not a party;
4. There is a legal service relationship between the law firm and the client. In litigation or arbitration cases, the client did not ask the lawyer of the law firm to act as his agent, but the lawyer of the law firm acted as the agent of the other party of the client.
To sum up, the person who needs to be avoided in the case review is generally a judge or a clerk, which can be avoided under certain conditions. Matters to be avoided include that the judge is a party to the case or has direct blood relatives, collateral blood relatives and in-laws within three generations, and that he or his close relatives have an interest in the case.
Legal basis:
Article 39 of the Lawyers Law of People's Republic of China (PRC)
A lawyer shall not act as an agent for both parties in the same case, nor shall he act as an agent for legal affairs that have conflicts of interest with himself or his close relatives.
Article 40 A lawyer shall not commit any of the following acts in his practice:
(1) Accepting entrustment, charging fees, accepting property or other benefits from the client without permission;
(two) to seek the disputed rights and interests of the parties by taking advantage of providing legal services;
(3) accepting property or other benefits from the other party, and maliciously colluding with the other party or a third party to infringe upon the rights and interests of the client;
(4) Meeting with judges, prosecutors, arbitrators and other relevant staff in violation of regulations;
(5) bribing judges, prosecutors, arbitrators and other relevant staff members, introducing bribes or instigating or inducing parties to pay bribes, or otherwise influencing judges, prosecutors, arbitrators and other relevant staff members to handle cases according to law;
(six) intentionally providing false evidence or threatening or inducing others to provide false evidence, so that the other party can not legally obtain evidence;
(seven) inciting or instigating the parties to take illegal means such as disturbing public order and endangering public security to resolve disputes;
(8) Disrupting the order of courts and arbitration tribunals and interfering with the normal conduct of litigation and arbitration activities.