Chapter I General Provisions
Article 1 in order to continuously improve the professional quality of lawyers and the level of practice, and promote the healthy development of the cause of lawyers, in accordance with the "Chinese people's *** and the State Lawyer Provisional Regulations", the formulation of this specification.
Article II of this specification applies to lawyers in the execution of duties, fulfill their duties in the process of all behavior.
Article 3 lawyers should strictly abide by professional ethics and practice discipline, conscientiously fulfill their duties in order to safeguard the correct implementation of national laws, safeguard the legitimate rights and interests of the parties.
Article 4 the judicial administrative organs at all levels and lawyers association shall, in accordance with their respective duties to supervise the practice of lawyers, do not abide by professional ethics and violation of practice discipline of lawyers for education, the circumstances are serious, according to the "lawyers discipline rules" to give disciplinary action.
Chapter 2 professional ethics of lawyers
Article 5 lawyers in practice must adhere to the construction and reform and opening up services, for and the legal system, for the consolidation of the people's democratic dictatorship and the country's long-term peace and security services, for the maintenance of the legitimate rights and interests of citizens.
Article 6 lawyers must abide by the Constitution, abide by laws and regulations, in all business activities, adhere to the "facts as the basis, to the law as a guideline", strictly in accordance with the law to perform their duties.
Article 7 lawyers must be loyal to their duties, adhere to the principle, not afraid of power, dare to exclude illegal interference, safeguard the national legal system and social justice.
Article 8 lawyers must be enthusiastic and diligent, honest and trustworthy, conscientious and responsible for the parties to provide legal assistance, and actively fulfill the obligation to provide legal aid for those in financial difficulties, and strive to meet the legitimate requirements of the parties to safeguard the legitimate rights and interests of the parties.
Article 9 lawyers and other legal services workers shall respect each other, mutual assistance, fair competition, *** with improve the level of practice.
Article 10 lawyers in practice must be clean and self-discipline, dedication and diligence, strict prudence, efficiency, pay attention to the instrument, courtesy, consciously abide by the rules and regulations of lawyers and lawyers association.
Article 11 lawyers should be loyal to the cause of lawyers, and strive to study and master the practice of legal knowledge and service skills, pay attention to the cultivation of moral and professional cultivation, consciously safeguard the reputation of lawyers.
Chapter 3 lawyers practice discipline
Article 12 lawyers in the acceptance of cases and business fees shall comply with the following discipline:
(a) shall not accept the entrustment of the parties to undertake legal affairs;
(b) shall not refuse to law firms for the inability to pay the fees for the parties to provide legal aid;
(c) shall not refuse to undertake the people's court for the criminal lawyers;
(d) shall not refuse to undertake the people's court for the criminal lawyers. ) Shall not refuse to undertake the people's court for the criminal defendant appointed defender of the case;
(D) shall not accept the entrustment of the parties to the case of the case with the opposite interest to the case already represented;
(E) shall not accept the entrustment of the parties to the case of the parties to the case of the interests of the person himself, has been entrusted to accept the entrustment of the discovery of the entrustment shall apply for a timely dissolution of entrustment relationship;
(F) Shall not be entrusted in the same case as both parties' agent;
(7) shall not be used to obtain or expand the business of litigation;
(8) shall not privately to the client to collect remuneration or other costs;
(9) shall not be in the law firm's normal fees outside the business or to receive the client or its interested parties to give extra Remuneration or remuneration in kind gifts;
(10) shall not violate the law firm fee system and financial discipline, unlawful misappropriation, misappropriation, misappropriation of business fees.
article 13 lawyers shall comply with the following practice discipline in litigation and arbitration activities:
(a) shall not conduct damage to the prestige and reputation of the trial organs, procuratorial organs, public security organs and arbitration organs, in the litigation documents and court activities shall not be on the above organs and their contractors to use abusive language;
(b) shall not be in violation of the trial and arbitration court discipline, disturbing the trial and arbitration court. (b) Violating the discipline of the trial and arbitration tribunals, disturbing the order of the trial and arbitration tribunals, and using improper means to delay the litigation and arbitration;
(c) Adopting such means as distorting facts, misinterpreting the law, and forging evidence to influence and hinder the judiciary, arbitration and administrative law enforcement agencies in their decisions and handling of disputes;
(d) Inducing the clients, witnesses, and other persons in the litigation and arbitration to (d) Shall not induce the client, witnesses and others to manufacture or provide perjury, make false statements or change, destroy or hide evidence in litigation and arbitration activities;
(e) Shall not pay bribes to trial judges, procurators, investigators and arbitration or other law enforcement officials, or instruct or induce the client to pay bribes to the abovementioned persons;
(f) Shall not bring the relatives of the defendant in criminal cases or other persons to meet with the defendant in custody, or take advantage of the duties of their office to pass letters to the defendant in violation of regulations (f) Shall not bring the relatives of the criminal defendant or other persons to meet with the defendant in custody, or take advantage of his or her duties to pass letters, money or information related to the case for the defendant in violation of the regulations;
(g) Shall not represent the litigation and arbitration cases directly undertaken by his or her own immediate family members.
Article 14 lawyers shall abide by the following practice discipline in dealing with the relationship with the client and the other party:
(a) shall not accept the commission to provide assistance to the client in the knowledge that the client's motives and behavior is illegal, immoral or fraudulent;
(b) shall not be unprincipled accommodation of the client's personal interests, or intentionally misinterpretation of the law to meet the client's unduly high level of interest;
(c) shall not be the client's personal interests, or intentionally misinterpretation of the law to meet the client's unduly high level of interest. (B) shall not accommodate the client's personal interests without principle, or deliberately misinterpret the law to meet the client's improper requirements, or authorize the client to circumvent the law, to the detriment of the national interest, the interests of the public **** and the lawful rights and interests of other citizens;
(C) shall not be authorized to act on behalf of the client's legal affairs without delay, negligence, hasty handling;
(D) shall not disclose the privacy of the client in the performance of their duties, the secrets of the client and other facts and materials the client does not wish to disclose. (d) shall not disclose the privacy of the client, secrets and other facts and materials that the client does not want to disclose;
(e) shall not exceed the entrusted authority or use the entrusted relationship to engage in activities unrelated to the legal affairs entrusted to the agent without the consent of the client;
(f) shall not act as an agent for the opposing party in the same case after the termination of entrustment with the client according to the law;
(g) shall not accept the other party's consent without the consent of the client. (VII) shall not accept the other party to handle other legal affairs without the consent of the client;
(VIII) shall not unlawfully prevent and interfere with the other party and its agents to safeguard their own legitimate rights and interests and legitimate activities in accordance with the law in the performance of their duties.
article 15 lawyers in dealing with the relationship with other lawyers shall comply with the following practice discipline:
(a) shall not use improper means to damage the prestige and reputation of the other party's attorney, hinder and interfere with the normal performance of their duties;
(b) shall not in various ways to induce, encourage the other party's attorney to engage in activities that harm the lawful rights and interests of their clients. The lawful rights and interests of the activities;
(3) shall not intervene without authorization or unlawful interference with other lawyers entrusted with legal affairs;
(4) shall not obstruct or refuse to entrust other lawyers to participate in the proxy, *** with the proxy lawyers should be a clear division of labor, close collaboration, disagreement should be promptly notified to the client's decision;
(5) may not be The following unfair means of business competition with peers:
1. derogatory and defamatory of other lawyers and law firm's ability to practice law and reputation;
2. competing with the price of the fee or no fee;
3. to the principal clerk kickbacks, fees or gifts of money, in kind;
4. use of the media to broadcast the advertisement showing off their own, exclusion of peers;
4. To use the news media to broadcast advertisements to show off their own, to the exclusion of peers;
5. With the help of the relationship with certain administrative organs of a certain industry, system, region of the monopoly of legal affairs;
6. To indicate or show off to the client in the performance of their duties with the case of the authorities and their contractors with the close or special relationship between;
7. Other unfair competition means.
Article 16 lawyers shall abide by other practice discipline:
(a) shall not violate the law firm's work discipline and rules and regulations;
(b) shall not simultaneously in two or more law firms to perform the duties of lawyers;
(c) shall not help non-practicing lawyers to engage in the name of the lawyers in the legal services;
(d) shall not help non-practicing lawyers to engage in the name of the legal services;
(e) shall not be a lawyer, and shall not be a lawyer; and shall not be a lawyer. p>
(4) shall not concurrently hold other remunerated positions, except for concurrently holding positions in law teaching and legal research.
chapter 4 bylaws
article 17 lawyers for violating the practice of discipline to the party caused by the loss, by the law firm where the responsibility of compensation, the law firm may be depending on the size of the loss and the severity of the circumstances of the lawyer shall bear part or all of the compensation costs. Need to be disciplined, by the lawyer disciplinary committee in accordance with the "lawyer disciplinary rules" of the relevant provisions of the disciplinary; Offenders, by the judicial organs shall be held criminally responsible.
Article 18 of the lawyers at all levels of the disciplinary committee shall establish the parties to the lawyer's complaint system, to strengthen the lawyers to comply with professional ethics and practice discipline of social supervision.
Article 19 The Ministry of Justice shall be responsible for the interpretation of these norms.
Article 20 of the Ministry of Justice previously formulated provisions relating to the practice of lawyers where inconsistent with this specification, this specification shall prevail.
Article 21 of these norms shall come into force on the date of publication.
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