1. What are the situations in which lawyers refuse to accept defense and representation?
According to article 1 10 of all china lawyers association's code of conduct for lawyers (for trial implementation)
(a) the client uses the legal services provided by lawyers to carry out criminal activities;
(2) The client insists on pursuing the goal that the lawyer considers impossible or unreasonable;
(3) The trustor fails to perform the obligations under the entrustment contract and has been reasonably urged;
(4) On the premise of unforeseeable in advance, the lawyer's provision of legal services to the client will bring unreasonable expenses to the lawyer, or cause unbearable and unreasonable difficulties to the lawyer;
(five) the evidence provided by the client does not have objective authenticity, relevance and legality, or it is suspected of perjury after examination by judicial organs;
(6) Other lawful reasons.
Second, what are the basic standards that lawyers should abide by?
(1) After accepting the entrustment, a lawyer shall not refuse to defend or represent without justifiable reasons. After the establishment of the entrustment relationship, you have the right to terminate the entrustment of a lawyer at any time, but the lawyer has no right to do so, especially if you appoint a defense and you are temporarily unable to pay the fees, unless you refuse to cooperate or the entrusted matter is illegal.
(2) A lawyer shall not disclose the client's business secrets or personal privacy during his practice. In order to handle specific legal affairs, at the request of the lawyer, you should truthfully tell the lawyer all the facts related to the entrusted matters, including some things that may involve business secrets or personal privacy, and the lawyer has the obligation to keep secrets.
(3) A lawyer may not accept the entrustment of other parties who have direct conflicts of interest with the client at the same time. After accepting your entrustment, a lawyer may not accept the entrustment of the other party on the same legal matter. Even if the other party entrusts other affairs, the lawyer should ask your permission in advance. In addition, the other party's lawyers and other people who have conflicts of interest with you are also subject to this restriction.
(4) A lawyer shall not accept entrustment or collect the client's fees and other property without permission. Entrusting a lawyer and paying the service fee should be done through a law firm, and private transactions with lawyers are not allowed.
(5) Lawyers shall not accept gifts from the other party or a third party. Gifts from the other party and the third party may affect the fairness of lawyers in handling legal affairs, thus affecting the realization of your entrustment.
(6) A lawyer shall not use the convenience of providing legal services to seek disputed rights and interests for the client. Because lawyers can gain your trust in practice, have a good understanding of the disputed rights and interests of you and the other party, and have legal advantages, lawyers can easily infringe on your rights and interests.
(7) A lawyer shall not engage in commercial transactions with his clients. After accepting the entrustment, if the lawyer conducts business with you (including the other party and other interested parties) at the same time, it may provide the lawyer with the opportunity to illegally seek illegitimate interests. In fact, lawyers should not engage in any profit-making work outside the lawyer's profession, especially full-time lawyers.
In addition, there are many general professional ethics standards that lawyers should abide by, such as lawyers should protect the legitimate interests of clients to the maximum extent, provide competent and efficient legal services for clients, and must not neglect their duties in business activities, forge evidence, or obstruct the other party from collecting evidence, and so on.
To sum up, lawyers need to explain their legal reasons for refusing to accept citizens' cases. The behavior of the general parties will be rejected if they violate the relevant provisions of the law. Lawyers must abide by professional ethics when handling cases. If they and their clients do not meet the legal requirements, they must bear legal responsibility.