Resolution mechanism of lawyer's interest conflict

Lawyer's practice comes from the entrustment of the client, so conflict of interest is the premise of accepting the entrustment. Conflict of interest should be narrowly understood, that is, the same case or other cases in which legal conflicts of interest occur within a certain period of time. In this case, if one party entrusts the same lawyer to handle different affairs (such as identity rights, criminal defense, etc.). ), there is no conflict of interest in principle. However, if a lawyer uses the former entrustment to harm the interests of the former (latter) client for the latter entrustment, there is a conflict of interest and he can report it to the Lawyers Association. Article 39 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. All china lawyers association's "Code of Conduct for Lawyers" (20 1 1 Edition) stipulates that Article 50 A lawyer or law firm may not establish or maintain an entrusted relationship with the parties in any of the following circumstances: (6) In non-litigation business, except for the entrustment of the parties, the lawyer of the same law firm acts as the agent of all interested parties; (seven) after the termination of the entrustment relationship, the same law firm or the same lawyer accepts the entrustment of the other party in the subsequent trial or handling of the same case; (8) Other conflicts of interest similar to items (1) to (7) of this article, which can be judged to be avoided and not handled according to the lawyer's practice experience and industry common sense.