Reply of the Ministry of Justice on whether lawyers in the same case can defend more than two defendants (Law Letter1991[1991] 052 of February 22nd)
Hunan Provincial Department of Justice: Your request [Xiang Si Law (90) No.44] on whether a lawyer can defend more than two defendants in the same case has been received. The reply is as follows: 1. 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, we believe that in counties with remote geographical location, inconvenient transportation and only one law firm, 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 it is not difficult to hire lawyers from this law firm. And it will not increase 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.