What legal obligations should a lawyer undertake to his client? The Law on Lawyers has the following provisions on the obligations that a lawyer should undertake to his client: 1. After accepting the entrustment, a lawyer shall not refuse to defend or represent him without justifiable reasons. However, if the entrusted matter is illegal, the client uses the services provided by the lawyer to engage in illegal activities or the client conceals the facts, the lawyer has the right to refuse to defend or represent him. Reasons: ① The relationship between the lawyer and the client is a contractual relationship. As a party to the contract, the lawyer shall not terminate the contract at will unless there are legal reasons. Arbitrary refusal to defend directly damages the rights and interests of the client. Generally speaking, when a client or his relatives are accused by a judicial organ and need a lawyer to provide defense, the lawyer has a lot of things to do when accepting the entrustment, and it should be completed within the statutory time limit, so the time is not very abundant. If the lawyer refuses to defend at will and forces the client to change his defender, it will lose the lawyer's working time before the trial and directly damage the rights and interests of the defendant and the client. Lawyers can refuse to defend or represent: the entrusted matters are illegal; The client uses the services provided by the lawyer to engage in illegal activities or the client conceals the facts. 2. A lawyer may not act as an agent for both parties in the same case. There are two parties in the same case, and it is precisely because the litigation interests of the opposite party cannot be reconciled that the lawyer accepts the entrustment of the common interests of both parties, so it is difficult to guarantee a fair agreement on agency affairs. As an agent, a lawyer should be loyal to the client and cannot harm or possibly harm the rights and interests of the client. (3) It should be emphasized that a lawyer should not act as an agent for both parties at the same time or successively in the same case, whether in the first trial or the second trial. And different lawyers of the same law firm may not act as agents for both parties in the same case at the same time. The reason can be found in the relationship between lawyers and law firms. (On February 26th, 22, all china lawyers association revised and approved by the Ministry of Justice, Chapter V, Article 28 of the Code of Professional Ethics and Practice Discipline of Lawyers stipulates that a lawyer shall not act as an agent for both parties in the same case. The same law firm may not represent both parties in the same litigation case, except that there is only one law firm in remote areas). 3. Lawyers shall not seek the rights and interests of the disputing parties by providing legal services, and shall not accept the property of the other party. Lawyers shall not take advantage of the convenience of providing legal services to profit from the rights and interests of the parties to the dispute. 1 Lawyers perform their duties in order to solve disputes. Lawyers shall not intervene in the rights and interests of the parties to the dispute and shall not engage in agency activities for the purpose of profiting from the rights and interests of the parties to the dispute. Lawyers should perform their duties and faithfully serve their clients. Accepting the property of the other party who has a conflict of interest with the client often leads the lawyer to give up the interests of the client. 4. Lawyers shall keep the state secrets and the business secrets of their clients that they know in their practice activities, and shall not disclose the privacy of their clients. State secrets: refer to matters involving national security interests that cannot be disclosed in a certain period and within a certain scope. Trade secret: refers to the technical information and business information that are unknown to others and can bring economic benefits to the obligee. Personal privacy: refers to personal life events that citizens with personal reputation are unwilling to disclose. It should be emphasized that after the end of the principal-agent relationship, lawyers still have the obligation of confidentiality. (Term: Long-term) The editor's summary ends here. If you have more questions in this field, please come to this website for consultation. This website provides professional legal consulting services, and a professional team of lawyers will answer your questions. Legal goal:
Article 22 of the Measures for the Administration of Lawyers' Fees
Lawyers' service fees, agency fees and travel expenses for handling cases in different places shall be collected by law firms. A lawyer may not charge any fees from the client without permission.
except for the three fees listed in the preceding paragraph, law firms and lawyers may not charge other fees from clients in any name.
Measures for the Administration of Lawyers' Fees
Article 23
A law firm shall accept the entrustment to undertake legal aid cases. In handling legal aid cases, no fees shall be charged to the recipients.
for citizens who are in financial difficulties but do not meet the scope of legal aid, the law firm may reduce or exempt the legal service fees as appropriate.