Lawyers' illegal practice and fault behavior mainly include: losses caused to the parties due to exceeding the entrusted authority; The loss of important evidence makes it impossible to provide evidence or the evidence is invalid; Divulging state secrets, commercial secrets and personal privacy of the parties concerned; Issue a wrong legal opinion; The evidence that should be collected was not collected in time due to the lawyer's reasons, which made the evidence annihilated; Due to the lawyer's reasons, the parties lose the limitation of action; Lawyers neglect their duties and handle cases hastily.
If a lawyer causes damage to his client due to his practice fault, the law firm shall refund the lawyer's fees collected and compensate the parties for their direct economic losses. Lawyers' administrative legal responsibilities Lawyers and law firms shall bear corresponding administrative legal responsibilities when they are subject to administrative punishment for illegal practice.
The disciplinary actions of lawyers and law firms that should be subject to administrative punishment include: practicing in more than two law firms at the same time; Acting for both parties or interested third parties in the same case; Malicious collusion with a third party in agency activities, infringing on the legitimate rights and interests of the parties; Competing for business by slandering other lawyers and law firms or paying referral fees; Monopoly the legal service industry by using the power of judicial organs, administrative organs or other organizations with social management functions; After accepting the entrustment, refusing to defend or represent or not appearing in court on time to participate in litigation or arbitration without justifiable reasons; Revealing the business secrets or personal privacy of the parties concerned; Accepting entrustment privately, charging fees from the client privately, accepting the property of the client, seeking the disputed rights and interests of the parties by providing legal services, or accepting the property of the other party; Meeting with judges, prosecutors and arbitrators handling cases during non-working hours and non-working places, and giving gifts to judges, prosecutors, arbitrators and other relevant personnel; Threatening or luring a witness, instructing the witness to refuse to provide evidence to the other party, or transferring, concealing or destroying evidence, or creating obstacles for the other party to legally obtain evidence by other means; Disturbing the court or arbitration tribunal and interfering with the normal conduct of litigation and arbitration activities; Lawyers who used to be judges and prosecutors acted as agents ad litem or defenders in violation of regulations within 2 years after leaving the people's courts and people's procuratorates; In violation of regulations, taking others to meet with criminal suspects and defendants in custody, or delivering letters and articles for criminal suspects and defendants; Threatening, intimidating or seizing the evidential materials provided by the parties in order to prevent the parties from dissolving the entrustment relationship; Failing to perform the obligation of legal aid; Other acts in violation of laws, regulations and rules.
The judicial administrative organ will give a warning, confiscate the illegal income, suspend the practice, and revoke the practice certificate. The criminal responsibility of lawyers refers to the punishment that lawyers should receive because of their actions violating the relevant provisions of the criminal law in their practice activities. According to the provisions of China's Lawyers Law, if a lawyer commits the following three acts that constitute a crime, he shall be investigated for criminal responsibility according to law, that is, the lawyer divulges state secrets; Bribery to judges, prosecutors, arbitrators and other staff members, or instigating or inducing the parties to pay bribes; Providing evidence that is known to be false, concealing important facts or threatening or luring others to provide false evidence and concealing important facts.