When performing their duties, lawyers must be based on facts, take the law as the criterion, be fair and honest, and safeguard the dignity of the law.
Lawyers must abide by work discipline and professional ethics when performing their duties. Article 5 Lawyers perform their duties according to law and are protected by state laws. State organs, enterprises and institutions, social organizations and citizens shall respect and support lawyers in performing their duties according to law, and shall not interfere or obstruct them in any way. Article 6 The working organization for lawyers to perform their duties is a law firm, which accepts the organizational leadership and professional supervision of judicial administrative organs. Article 7 A lawyer must hold a lawyer's practice certificate when performing his duties.
Those who have not obtained a lawyer's work permit shall not engage in lawyer's business activities in the name of lawyers, and offenders shall be banned by judicial administrative organs.
If a lawyer's (invited) work permit has been obtained, the relevant provisions shall be implemented temporarily. Article 8 A lawyer undertakes business entrusted and arranged by his law firm, and no individual may accept business without permission. A law firm shall, according to the actual situation, try its best to meet the requirements of naming clients.
The same lawyer shall not act as the defender of more than two defendants in the same criminal case, nor shall he act as the agent of both the plaintiff and the defendant in economic, civil and administrative litigation cases.
Lawyers of the same law firm shall not act as defenders or agents of both parties to the same case at the same time; Except that there is only one law firm in the administrative area of a county (city).
Lawyers shall not act as defenders or agents of their close relatives to participate in litigation. Article 9 Lawyers have the right to consult and extract the case materials they undertake in the people's court according to law, and the people's court shall provide all the case files. However, it should not be stipulated by law. Article 10 When taking part in litigation, a lawyer shall carefully read the documents, investigate and collect evidence, and submit the defense and proxy statement to the people's court. After the end of the case, the lawyer shall submit the relevant materials to the law firm for the record.
The defense words or proxy words of major cases undertaken by lawyers shall be studied collectively by the law firm where they work. Article 11 A lawyer who participates in litigation and handles non-litigation legal affairs may hold a special letter of introduction from a law firm and a lawyer's practice certificate to make an investigation with relevant departments or individuals such as public security, procuratorial work, industry and commerce, taxation, banking, traffic supervision, posts and telecommunications, customs, etc. The relevant departments and individuals shall provide convenience in accordance with the relevant provisions of the state and have the responsibility to issue certificates. Article 12 A lawyer who acts as a defender of a criminal case may meet the defendant in custody with a special letter of introduction from the law firm and a lawyer's work permit, and arrange a supervision place.
Communications between lawyers and defendants detained according to law shall be delivered in a timely manner in the supervision place. Article 13 When a lawyer acts as a defender of a criminal case, the people's court shall consider the preparation time required for the lawyer to appear in court for defense. Because of the complexity of the case and the lack of time for defense preparation, lawyers may put forward opinions on postponing the trial, and the people's court shall adopt the opinions of lawyers within the statutory time limit for closing the case.
When trying a criminal case, the people's court shall notify the defense lawyer to appear in court. Unless otherwise provided by law, the notice shall be delivered to the lawyer himself or his law firm at least three days before the court session; If it was not delivered three days ago, the lawyer raised an objection. The court should not hold a session.
If it is necessary to continue the trial after the court session, the people's court shall notify the lawyer in time before reopening the court session. Article 14 When trying a case, the people's court shall set up a lawyer's seat in accordance with the provisions.
Lawyers who appear in court to participate in litigation shall abide by the rules and order of the court. A judge shall respect and protect the lawyer's right to perform his duties according to law, and shall not arbitrarily order the lawyer to leave the court. Article 15 The people's court shall file the pleadings and proxy statements submitted by lawyers. The court shall record the defense and agency opinions expressed by lawyers in court.
When the collegial panel or judicial committee of the people's court discusses a case, the judge shall truthfully report the lawyer's defense and agency opinions. Article 16 If a lawyer participates in a case of first instance or second instance, the written judgment, conciliation statement and ruling made by the people's court shall specify the lawyer's name and his law firm, and send a copy to the lawyer or his law firm in time.
Before a judgment or ruling in a criminal case becomes legally effective, a lawyer acting as a defender may meet with the defendant in custody to solicit opinions on the judgment or ruling; With the consent of the defendant, an appeal may be filed within the statutory time limit.
When the people's court hears a case of second instance, if the parties entrust a lawyer to defend or represent them, they shall notify the lawyer to appear in court as required; If the court decides not to hold a hearing according to law, it shall also notify the lawyer in writing. After receiving the notice, the attorney-in-charge shall submit the defense or proxy statement to the court of second instance according to law.