1. What are the situations that practicing lawyers avoid?
(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 circumstances 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.
Second, the factors that need to be considered in legal fees.
The main contents are as follows:
Working hours spent;
(two) the difficulty of legal affairs;
(three) the number of lawyers and the professional ability of lawyers required to handle legal affairs;
(four) the client's affordability and local social and economic development;
(5) Risks and responsibilities that lawyers may bear;
(6) The social reputation and working level of lawyers;
(seven) other expenses necessary for handling the case.
Professional lawyers know exactly what they need to avoid. If a lawyer discovers that he has an agency relationship or is a close relative with the other party in the process of representing a case, he must explain these situations to the parties in time. The existence of these situations is likely to affect the lawyer's objective judgment on the actual situation of the case.