1. Lawyers act as agents for both parties in the same case, or represent legal affairs with conflicts of interest with themselves or their close relatives. When a lawyer handles litigation or non-litigation business, his close relatives are the legal representatives or agents of the other party.
2. Staff members, judges, prosecutors and arbitrators of administrative organs who have personally handled or tried a certain matter or case before becoming lawyers.
3. Different lawyers from the same law firm act as the agent of the victim and the defender of the suspect and defendant in the same criminal case, except that there is only one law firm in the county and the consent of the parties is obtained in advance.
4. In civil litigation, administrative litigation and arbitration cases, different lawyers of the same law firm act as agents of both parties to the dispute at the same time, or the firm or its staff is one party, and other lawyers of the firm act as agents of the other party.
5. In non-litigation business, lawyers of the same law firm act as agents of interested parties at the same time, except those entrusted by the parties.
6 after the termination of the entrustment relationship, the same law firm or lawyer accepts the entrustment of the other party in the subsequent trial or handling of the same case.
7. Similar to the above situation, according to the lawyer's practice experience and industry common sense, it can be judged as other conflict of interest situations that are voluntarily avoided and not handled.
Two, the relative person has one of the following conflicts of interest, the lawyer shall inform the client and take the initiative to withdraw, except that the client agrees to his agency or continue to undertake.
1. Accepting the entrustment of 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 other legal business entrusted by the other party to a litigation case or the non-litigation business party represented by it;
4. There is a legal service relationship between the law firm and the client, and the client has not asked the law firm to represent its litigation or arbitration case, but the law firm acts as the agent of the other party of the client;
5. After the termination of the entrustment relationship 1 year, the lawyer accepts the entrustment of the other party who has an interest in the original client on the same legal matter.
Legal basis:
People's Republic of China (PRC) Lawyers Law
Article 23
A law firm shall establish and improve the systems of practice management, conflict of interest review, fees and financial management, complaint investigation, annual assessment and file management, and supervise lawyers to abide by professional ethics and practice discipline in their practice activities.
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.