Can a lawyer from the same firm represent the original defendant?

It is a standard conflict of interest that the same law firm cannot represent both the original defendant and the defendant in the same case.

Different lawyers of the same law firm may not act as the agent of the victim and the defender of the criminal suspect or defendant at the same time in the same criminal case, and may not establish or maintain an entrusted relationship with the parties, except that there is only one law firm in the county and the consent of the parties is obtained in advance. A lawyer cannot act as an agent for both parties in the same case, nor can he act as an agent for legal affairs with conflicts of interest with himself or his close relatives. Lawyers and law firms shall not establish or maintain an entrusted relationship with the parties. Lawyers in the same law firm cannot represent the original defendant in the same case. In civil litigation, administrative litigation and arbitration cases, different lawyers from the same law firm act as agents for both parties to the dispute at the same time, but this norm is only an industry norm formulated by the National Lawyers Association.

Lawyer:

Refers to the practitioners who have obtained the lawyer's practice certificate according to law, accepted the entrustment or assignment, and provided legal services for the parties.

Lawyers must pass the legal professional qualification examination and obtain the lawyer's practice certificate according to law before they 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.

On August 20th, 2002/kloc-0, the 30th session of the 13th the National People's Congress Standing Committee (NPCSC) passed the Law of People's Republic of China (PRC) on Legal Aid, and law firms, grassroots legal service offices, lawyers and grassroots legal service workers are obliged to provide legal aid according to law.

To sum up, to sum up, I remind you that the most important thing to find a lawyer is whether the lawyer is professional or not, because no matter what law firm has experienced lawyers, young lawyers, responsible and indifferent lawyers, it is best to focus on the lawyer himself rather than the law firm.

Legal basis:

Article 40 of the Lawyers Law of People's Republic of China (PRC)

The lawyers association shall perform the following duties:

(a) to ensure that lawyers practice according to law and safeguard the legitimate rights and interests of lawyers;

(2) Summarizing and exchanging the working experience of lawyers;

(3) Organizing professional training for lawyers;

(four) education, inspection and supervision of lawyers' professional ethics and practice discipline;

(5) Organizing lawyers to carry out foreign exchanges;

(six) mediation of disputes arising from the practice of lawyers;

(seven) other duties as prescribed by law.

Lawyers' associations shall reward or punish lawyers in accordance with their articles of association.