Defense lawyers have the right to refuse to testify to the judicial organs about matters related to the parties and related exchanges that they know in criminal litigation practice, and are not subject to legal investigation. The opinions expressed by defense lawyers in their practice activities are not subject to legal investigation.
Lawyers should keep state secrets and business secrets they know in their practice activities, and may not disclose the privacy of the parties. Lawyers should keep confidential the relevant information and materials that their clients and others are unwilling to disclose in their practice activities. However, criminal facts and information that endanger national security, public safety and seriously endanger the personal safety of others are being prepared or implemented by the client or others. 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.
legal ground
People's Republic of China (PRC) Lawyers Law
Article 36 Where a lawyer acts as an agent ad litem or defender, his right to debate or defend shall be guaranteed according to law. Article 37 The personal rights of lawyers in their practice activities are inviolable.
Lawyers' opinions on agency and defense expressed in court are not subject to legal investigation. Except for statements that endanger national security, maliciously slander others, and seriously disrupt court order.
If a lawyer participates in litigation activities and is suspected of committing a crime, the investigation organ shall promptly notify the law firm where he belongs or the lawyers association to which he belongs; If a lawyer is detained or arrested according to law, the investigation organ shall notify the lawyer's family in accordance with the provisions of the Criminal Procedure Law. 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.