Principle of conflict of interest of law firm

Lawyers' conflict of interest rules consist of two parts, one is the ontology of conflict of interest rules, and the other is the exception or exemption of conflict of interest rules. That is to say, a handling fee will be charged after the case is handled. The charging standard of ordinary charging method is generally provided by the provincial judicial department for the reference of the parties and lawyers. Generally, the cost of risk agency is between 1% and 3%, but in some cases, such as criminal cases and work-related injuries, risk agency is not allowed. 1. Absolute conflict of interest

1. Lawyers and law firms may not establish or maintain an entrustment relationship with the parties under any of the following circumstances: 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. Staff members, judges, prosecutors and arbitrators of administrative organs who have personally handled or tried a certain matter or case before becoming lawyers. In the same criminal case, different lawyers from the same law firm act as the agent of the victim and the defender of the suspect and defendant, except that there is only one law firm in the county and the consent of the parties is obtained in advance. 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. In non-litigation business, lawyers of the same law firm also act as agents of interested parties, except those entrusted by the parties. 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. 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. 2. Absolute conflict of interest, even if the parties agree.

Second, the relative conflict of interest

In any of the following circumstances, the lawyer shall inform the client and voluntarily withdraw, unless the client agrees to represent him or continues to undertake the work. Accepting the entrustment of a 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; Being a defender of a criminal suspect or defendant in a criminal case, and being a close relative of the victim of the case with other lawyers; 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; Within one year after the termination of the entrustment relationship, the lawyer accepts the entrustment of the other party who has an interest in the original client on the same legal matter.

Professional Code of Lawyers Association

Article 51 of Code of Conduct for Lawyers (Trial): In any of the following circumstances, lawyers and law firms may not establish or maintain an entrusted relationship with the parties:

(1) A lawyer acts as an agent for both parties in the same case, or represents legal affairs with conflicts of interest with himself or his close relatives;

(2) when a lawyer handles litigation or non-litigation business, his close relatives are the legal agents or agents of the other party;

(3) staff members, judges, prosecutors and arbitrators of administrative organs who have personally handled or tried a certain matter or case and then handled the matter or case after becoming lawyers;

(4) different lawyers from the same law firm act as the victim's agent and the defender of the criminal suspect or defendant in the same criminal case, except that there is only one law firm in the county and the parties agree in advance; I hope the above content can help you. Please consult a professional lawyer if you have any other questions.

Legal basis: Article 23 of People's Republic of China (PRC) Lawyers Law establishes and improves the systems of practice management, conflict of interest review, expense financial management, complaint investigation, annual assessment and file management, and supervises 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.