Types and applicable conditions of lawyers' disciplinary behavior in China

Legal analysis: The disciplinary actions of lawyers in practice include admonition, informed criticism, public condemnation, cancellation of membership, etc.

1. exhortation. Those who violate the lawyer's code of conduct, if the circumstances are obviously minor and have not caused serious consequences, shall be given disciplinary sanctions, criticized and educated, and ordered to make corrections.

2. Informed criticism. Violation of the code of conduct for lawyers, if the circumstances are minor, shall be punished by informed criticism. Informed criticism belongs to internal scope.

3. publicly condemn. Violation of the code of conduct for lawyers, if the circumstances are serious and cause certain losses to the client or law firm, shall be punished by public condemnation.

4. Cancel the membership. Violation of the lawyer's code of conduct, if the circumstances are particularly serious, will be given the punishment of canceling membership.

Legal basis: People's Republic of China (PRC) Lawyers Law.

Article 47 A lawyer who commits any of the following acts shall be given a warning by the judicial administrative department of the people's government at the municipal level or municipality directly under the Central Government, and may be fined not more than 5,000 yuan; Illegal income, confiscate the illegal income; If the circumstances are serious, the punishment of stopping practicing for less than three months shall be given:

(1) Practicing in two or more law firms at the same time;

(2) Undertaking business by improper means;

(3) Representing both parties in the same case, or representing legal affairs that have conflicts of interest with himself and his close relatives;

(4) Failing to serve as an agent ad litem or defender within two years after leaving the people's court or people's procuratorate;

(5) Refusing to perform the obligation of legal aid.

Article 48 A lawyer who commits any of the following acts shall be given a warning by the judicial administrative department of the people's government at the municipal level or municipality directly under the Central Government, and may be fined not more than 10,000 yuan; Illegal income, confiscate the illegal income; If the circumstances are serious, the punishment of stopping practicing for more than three months and less than six months shall be given:

(1) Accepting entrustment, charging fees, accepting property or other benefits from customers without permission;

(two) after accepting the entrustment, refusing to defend or represent without justifiable reasons, and not appearing in court on time to participate in litigation or arbitration;

(three) to seek the disputed rights and interests of the parties by taking advantage of the convenience of providing legal services;

(4) divulging business secrets or personal privacy.

Article 49 If a lawyer commits any of the following acts, the judicial administrative department of the people's government at the municipal level or municipality directly under the Central Government with districts shall give him a punishment of stopping practicing for more than six months but less than one year, and may also impose a fine of less than 50,000 yuan; Illegal income, confiscate the illegal income; If the circumstances are serious, the judicial administrative department of the people's government of a province, autonomous region or municipality directly under the Central Government shall revoke his lawyer's practice certificate; If the case constitutes a crime, criminal responsibility shall be investigated according to law:

(a) meeting with judges, prosecutors, arbitrators and other relevant staff in violation of regulations, or otherwise affecting the handling of cases according to law;

(2) Offering bribes to judges, prosecutors, arbitrators and other relevant staff members, introducing bribes or instigating or inducing parties to pay bribes;

(3) Providing false materials to the judicial administrative department or committing other fraudulent acts;

(4) Deliberately providing false evidence or threatening or inducing others to provide false evidence, which hinders the other party from obtaining evidence according to law;

(5) 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;

(6) Disrupting the order of courts and arbitration tribunals and interfering with the normal conduct of litigation and arbitration activities;

(seven) inciting or instructing the parties to take illegal means such as disturbing public order and endangering public security to resolve disputes;

(8) making statements that endanger national security, maliciously slander others, and seriously disturb the order of the court;

(9) divulging state secrets.

If a lawyer is subject to criminal punishment for intentional crime, the judicial administrative department of the people's government of a province, autonomous region or municipality directly under the Central Government shall revoke his lawyer's practice certificate.