Legal link: Reply of the Ministry of Justice on whether lawyers can defend more than two defendants in the same case, Hunan Provincial Department of Justice:
Your request for instructions from Xiang Si Law (90) No.44 on whether a lawyer can defend more than two defendants in the same case has been received. The research reply is as follows:
On whether lawyers can act as defenders for more than two defendants in the same case.
We agree with you. China's Criminal Procedure Law stipulates: "The defender's responsibility is to put forward materials and opinions to prove the defendant's innocence, light crime or reduce or exempt his criminal responsibility according to facts and laws, and safeguard the defendant's legitimate rights and interests." In the same case, several defendants have different positions and roles in the case, and their interests are consistent and conflicting. In the same case, a lawyer defends multiple defendants at the same time, which may put the defender in a contradictory position and make it difficult to safeguard the legitimate rights and interests of multiple defendants at the same time. Therefore, a lawyer cannot act as a defender for more than two defendants in the same case at the same time.
Second, whether two lawyers from the same law firm can act as agents for both parties in the same economic, civil and non-litigation case, and whether the same law firm can appoint lawyers as agents for private prosecutors and defendants in private prosecution cases.
We basically agree with you. In view of the fact that there is generally only one law firm in most counties in China at present, we believe that in a county with only one law firm, which is remote and inconvenient in transportation, it is indeed difficult for the parties to hire lawyers from different law firms. If one party has invited lawyers as agents and the other party has invited lawyers from the same law firm as agents, the law firm should explain to the parties that there is no difficulty and it will not.
In the case of increasing the burden, if both parties want to hire two lawyers from the same law firm as agents at the same time, the law firm should advise the other party to hire lawyers from other law firms as agents.
? This reply.