Article 35 A lawyer shall make full use of his professional knowledge, complete the entrusted matters in accordance with the law and the entrustment agreement, and safeguard the legitimate rights and interests of the client or the party concerned.
Article 36 A lawyer and his law firm shall have the right to choose a scheme to realize the client or the client's goal according to the law, fairness, justice and the professional ethics of lawyers.
Article 37 A lawyer shall handle entrusted affairs in strict accordance with the time limit prescribed by law and the time agreed with the client. If the client requests to know about the handling of the entrusted matters, he shall give a timely reply.
Article 38 A lawyer shall establish a lawyer's business file and keep complete work records.
Article 39 Lawyers shall properly keep the originals, originals, audio-visual materials and other materials provided by clients or parties.
Article 40 After accepting entrustment, a lawyer shall practice within the authority entrusted by the client and shall not exceed the authority entrusted.
Article 41 After accepting the entrustment, a lawyer shall not refuse to defend, represent or terminate the entrustment by other means without justifiable reasons. If the entrusted matter is illegal, the client engages in illegal activities by using the services provided by the lawyer, or the client deliberately conceals important facts related to the case, the lawyer has the right to inform the client and ask him to correct, refuse to defend or represent, or terminate the entrustment in other ways, and obtain the lawyer's fee for the affairs that have been performed.
Article 42 When undertaking entrusted business, a lawyer shall promptly inform the client of the insurmountable difficulties and risks that have occurred and may occur, and report to the law firm. Article 43 A lawyer shall make an analysis according to the facts and evidence provided by the client and the legal provisions, and put forward analysis opinions to the client.
Article 44 A lawyer's defense and agency opinions are not adopted, which is not a false promise. Forty-fifth lawyers and law firms shall not use the convenience of providing legal services to seek disputed rights and interests for the parties.
Article 46 Lawyers and law firms shall not have economic ties with clients on disputed rights and interests in violation of legal provisions, and shall not agree with clients to sell disputed subject matter to themselves; Do not entrust others to buy or lease the subject matter in dispute between the client and others for themselves or their close relatives.
Article 47 A law firm may sign an agreement with the parties or clients in accordance with the law, and collect money or objects as lawyer's fees according to a certain proportion on the premise of recovering money or objects. Article 48 A law firm shall establish a conflict of interest review system. Before accepting the entrustment, a law firm shall conduct a conflict of interest review and make a decision on whether to accept the entrustment.
Article 49 If a lawyer who handles entrusted affairs has an interest relationship or conflict of interest with the client, he shall not undertake business and shall voluntarily withdraw.
Article 50 Under 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 that have 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 before becoming lawyers;
(4) Different lawyers from the same law firm act as agents of victims and defenders of criminal suspects and defendants in the same criminal case, unless there is only one law firm in the county and the parties have agreed in advance;
(5) 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 are one party and other lawyers of the firm act as agents of the other party;
(six) in non-litigation business, in addition to the entrustment of all parties, lawyers of the same law firm also act as agents of 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.
Article 51 A lawyer shall inform his client and voluntarily withdraw under any of the following circumstances, unless the client agrees to represent him or continue to undertake the work:
(1) 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;
(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 together with other lawyers;
(three) the same law firm accepts litigation cases or other legal services entrusted by the other party who is not a party;
(4) The law firm has a legal service relationship with the client, and the client has not asked the lawyer of the law firm to act as the agent of its litigation or arbitration case, but the lawyer of the law firm acts as the agent of the other party of the client;
(five) 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;
(6) Other situations similar to items (1) to (5) of this article can be judged according to the lawyer's practice experience and industry common sense.
When a lawyer or law firm discovers the above situation, it shall inform the client of the fact of the conflict of interest and the possible consequences, and the client shall decide whether to establish or maintain the entrustment relationship. If the client decides to establish or maintain the entrustment relationship, it shall sign an informed consent form, indicating that the parties have been aware of the basic facts and possible legal consequences of the conflict of interest, and the parties explicitly agree to establish or maintain the entrustment relationship with the law firm and lawyers.
Article 52 If the parties are informed and sign the informed consent form to express their exemption, the lawyer in charge shall keep the case information of their respective parties confidential in the process of handling the case, and shall not disclose the information related to the case to the lawyer in charge of the other party. Article 53 A law firm may sign a written custody agreement with the client, properly keep the client's property, and strictly perform the custody agreement.
Article 54 When a law firm accepts the entrustment to keep the client's property, it shall strictly separate the client's property from the law firm's property and the lawyer's personal property. Article 55 Without the consent of the client, a law firm may not delegate the legal affairs entrusted by the client to other law firms. However, in case of emergency, in order to safeguard the interests of the client, it may be delegated, but the client shall be informed in time.
Article 56 If the entrusted lawyer is unable to perform the entrustment agreement due to sudden illness, job transfer and other emergencies, he shall report to the law firm in time, and the law firm shall appoint another lawyer to continue to undertake the entrustment, and inform the client in time.
Article 57 Without the consent of the trustor, the expenses of the trustor may not be increased due to the sub-entrustment. Article 58 Under any of the following circumstances, the law firm shall terminate the entrustment relationship:
(1) The client proposes to terminate the entrustment agreement;
(2) A lawyer is punished by revoking his practice certificate or stopping his practice, and the parties concerned refuse to change his lawyer after consultation;
(3) When it is found that there is a conflict of interest as stipulated in Article 50 of these Standards;
(4) The entrusted lawyer is unfit to continue to perform the entrustment agreement due to his health condition, and the client refuses to change the lawyer after consultation;
(five) in violation of laws, regulations, rules or this specification to continue to perform the entrustment agreement.
Article 59 In any of the following circumstances, if the client still fails to make corrections after being urged, the law firm may terminate the entrustment agreement:
(a) the client uses the legal services provided by lawyers to carry out illegal and criminal activities;
(2) The client requests the lawyer to complete an unattainable or unreasonable goal;
(3) The trustor fails to perform the obligations under the entrustment contract.
(4) On the premise of unforeseeable in advance, the lawyer's provision of legal services to the client will bring unreasonable expenses to the lawyer, or cause unbearable and unreasonable difficulties to the lawyer;
(5) Other lawful reasons.
Article 60 If a law firm terminates its agency or entrustment in accordance with the provisions of Article 58 and Article 59 of this Law, and the client and the law firm negotiate to terminate the agreement, and the client unilaterally terminates the agency agreement, the law firm has the right to collect service fees.
Article 61 After terminating the entrustment relationship with the client, the law firm shall return the original materials, original physical evidence, audio-visual materials and other evidence provided by the client, and may keep copies for future reference.