? A. If a lawyer violates his duty of professionalism and due diligence, only his client has the right to complain to the Bar Association and bring a lawsuit to the court.
? B if both parties constitute a crime, the lawyer fees charged by the law firm shall be confiscated.
? If Party C and Party A constitute a crime, the judicial administrative organ may revoke their lawyer's practice license.
? D if party a and party b constitute a negligent crime, they may claim compensation from their insurance companies.
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? The examination center prompts lawyers to practice norms and professional ethics.
? Analysis of test questions This question comprehensively examines some issues related to lawyers' practice norms and professional ethics.
? Item a involves the basic principles of lawyer's practice. According to the third paragraph of Article 3 of the Lawyers Law: "Lawyers should accept the supervision of the state, society and the parties." That is, lawyers should accept the supervision of relevant state organs, social organizations, mass organizations and public opinion, and accept the supervision of the parties. The Ministry of Justice's Notice on Establishing and Perfecting the Social Supervision System for Lawyers' Practice also requires the establishment of social supervisors, "to comprehensively supervise lawyers and staff's ideology and morality, professional ethics, practice discipline, professionalism, professional level, service attitude and service quality in their practice and business activities, and put forward suggestions for improvement." It can be seen that if a lawyer violates his duty of dedication, it is not only his guest factory that has the right to complain to the bar association, but also any unit or individual has the right to complain to the law firm, the bar association or the judicial administrative organ. If a lawyer violates his duty of loyalty and causes damage to a third party other than the client, the third party may also bring a lawsuit to the court. Therefore, it is wrong to say that only the client in item A has the right to complain to the Bar Association and bring a lawsuit to the court.
? Item b of this question examines the punishment for lawyers' illegal behavior. Paragraph 1 of Article 44 of the Lawyers Law stipulates: "If a lawyer commits any of the following acts, the judicial administrative department of the people's government of a province, autonomous region, municipality directly under the Central Government or city divided into districts shall give him a warning, and if the circumstances are serious, he shall be punished by stopping practicing for more than three months and less than one year; If there is illegal income, the illegal income will be confiscated. " Article 8 of the Measures for Punishment of Illegal Acts of Lawyers and Law Firms clearly stipulates "other acts that should be punished" as stipulated in Item 1 1 of Article 44 of the Lawyers Law, among which Item 2 1 "other acts that violate the law or violate lawyers' professional ethics and civic morality and seriously damage lawyers' professional image" is also included in the confiscation of illegal income. Therefore, if lawyers A and B constitute a crime, they should be subject to relevant administrative penalties and confiscate their illegal income while bearing corresponding criminal responsibilities. In China, lawyers should accept cases in the name of law firms, and the lawyer fees charged by law firms should be confiscated. If this behavior causes losses to the law firm, the law firm may recover from the lawyer who has intentional or gross negligence. Therefore, the statement that the lawyer fees charged by the law firm in option B of this question are confiscated is correct.
? Like item b, item c also examines the punishment for lawyers' illegal acts. Article 45 of the Lawyers Law stipulates: "If a lawyer commits one of the following acts, the judicial administrative department of the people's government of a province, autonomous region or municipality directly under the Central Government shall revoke the lawyer's practice certificate; If the case constitutes a crime, criminal responsibility shall be investigated according to law: (1) divulging state secrets; (2) Offering bribes to judges, prosecutors, arbitrators and other relevant staff members, or instigating or inducing the parties to pay bribes; (3) Providing false evidence to conceal important facts, or threatening or inducing others to provide false evidence to conceal important facts. If a lawyer is criminally punished for intentional crimes, his lawyer's practice certificate shall be revoked. " Therefore, if Party A and Party B constitute intentional crimes, the judicial administrative organ shall revoke their lawyer's practice license.
? According to this topic, lawyers A and B are charged with the crime of providing false documents, and the Supplementary Provisions of the People's Courts and People's Procuratorates on the Implementation of Certain Crimes (People's Republic of China (PRC) Criminal Law) clearly stipulates the crime of providing false documents in paragraphs 1 and 2 of Article 229 of the Criminal Law. However, Article 1 and Article 229, paragraph 2, of China's Criminal Law stipulate: "Personnel of intermediary organizations that undertake the responsibilities of asset evaluation, capital verification, verification, accounting, auditing and legal services intentionally provide false certification documents, and if the circumstances are serious, they shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and fined.
? Persons listed in the preceding paragraph who ask for or illegally accept other people's property and commit the crime mentioned in the preceding paragraph shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years and shall also be fined. "It can be seen that the crime of providing false documents must be intentional subjectively, that is, knowing that the relevant documents provided by oneself are false, but still insisting on providing them, negligence cannot constitute the crime. From this, it can be concluded that if Party A and Party B constitute the crime of providing false documents, the subjective aspect must be intentional, and the practice certificate should be revoked according to law, not "can". Item C stated as "may" revoke the practice certificate, which is not in compliance with the law.
? Item d of this topic examines the exemption of insurance companies from lawyer liability insurance. Lawyer's professional liability insurance is a kind of third-party liability insurance stipulated in Article 50 of the Insurance Law, which refers to the economic compensation liability that should be borne by the law firm according to law and compensated by the insurance company when the lawyer of the law firm handles the agreed litigation or non-litigation lawyer business due to negligence. However, at present, lawyer liability insurance has not become compulsory insurance stipulated by laws and regulations in China. From a practical point of view, the relevant insurance clauses of major companies generally require the registered lawyers of the insured to abide by the practice discipline, stress professional ethics, abide by the relevant regulations formulated by the relevant state departments, and dutifully safeguard the legitimate rights and interests of the clients. If the applicant or the insured fails to fulfill the above obligations, the insurance company has the right to refuse to pay compensation or terminate the insurance contract from the date of written notice. Article 5 of the Insurance Law stipulates that "the parties to insurance activities should follow the principle of good faith in exercising their rights and performing their obligations", which is the basic principle that insurance contracts should follow. Lawyers obviously violate the principle of good faith in professional ethics and discipline, and insurance companies have no obligation to compensate for the losses caused by it. In this topic, the behavior of lawyers A and B seriously violates the professional ethics and discipline of lawyers, and the insurance company has no obligation to compensate for the losses caused by its behavior, which belongs to mistake D.
? This question requires choosing the wrong option, and the published answer is AD, but through the above analysis, we think it is more appropriate to choose ACD.