Lawyers professional ethics and practice discipline norms

Chapter I General Provisions Article 1 in order to continuously improve the professional quality of lawyers and practice level, and promote the healthy development of the cause of lawyers, according to the "people's Republic of China *** and the State Lawyer Provisional Regulations", the formulation of the norms. Article 2 this specification applies to lawyers in the execution of duties, fulfill their duties in the process of all behavior. Article 3 lawyers shall strictly abide by professional ethics and practice discipline, conscientiously perform their duties in order to safeguard the correct implementation of national laws, safeguard the legitimate rights and interests of the parties. Article 4 the judicial administrative organs at all levels and lawyers association shall, in accordance with their respective duties to supervise the practice of lawyers, do not abide by the professional ethics and practice discipline of lawyers for education, the circumstances are serious, according to the "lawyers discipline rules" to give disciplinary action. Chapter ii professional ethics of lawyers article 5 lawyers in practice must adhere to the socialist economic construction and reform and opening up services, for the socialist democracy and legal system construction services, for the consolidation of the people's democratic dictatorship and the country's long-term peace and security services, for the maintenance of the lawful rights and interests of citizens. Article 6 lawyers must abide by the constitution, abide by laws and regulations, in all business activities, adhere to the "facts as the basis, to the law as a guideline", strictly in accordance with the law to perform their duties. Article 7 lawyers must be loyal to their duties, adhere to the principle, not afraid of power, dare to exclude illegal interference, safeguard the national legal system and social justice. Article 8 lawyers must be enthusiastic and diligent, honesty and trustworthiness, conscientious and responsible for the parties to provide legal assistance, and actively fulfill the obligation to provide legal aid for the parties with financial difficulties, and strive to meet the legitimate requirements of the parties to safeguard the lawful rights and interests of the parties. Article 9 lawyers and other legal services workers should respect each other, mutual assistance, fair competition, *** with improve the level of practice. Article 10 lawyers in practice must be clean and self-discipline, dedication and diligence, strict prudence, efficiency, pay attention to the instrument, courtesy, consciously abide by the regulations and lawyers association statutes. Article 11 lawyers should be loyal to the cause of lawyers, and strive to study and master the practice of legal knowledge and service skills, pay attention to the cultivation of moral and professional cultivation, consciously safeguard the reputation of lawyers. Chapter three lawyers practice discipline article 12 lawyers in accepting cases and business fees shall comply with the following practice discipline:

(a) shall not accept the entrustment of the parties, legal affairs;

(b) shall not refuse to law firms assigned to provide legal aid for the inability to pay the fees of the parties;

(c) shall not refuse to undertake the people's court for the criminal Defendant appointed defender of the case;

(4) shall not accept the entrustment of the parties to the case with a contrary interest to the case already represented;

(5) shall not accept the entrustment of the parties to the case with his own interest, has accepted the entrustment, found that the entrustment relationship should be promptly applied for dissolution of the entrustment;

(6) shall not be entrusted to act as an agent of the parties to the same case;

(6) shall not accept the entrustment as Both parties to the same case;

(7) shall not be used to obtain or expand business;

(8) shall not privately charge the client remuneration or other costs;

(9) shall not be outside the law firm's normal fees for business to ask for or receive the client or their interested parties to give additional remuneration or remuneration of the nature of the gift in kind;

(10) shall not violate the law firm fee system and financial discipline, unlawful misappropriation, misappropriation, misappropriation of business fees. Article 13 lawyers shall comply with the following practice discipline in the agency involved in litigation and arbitration activities:

(1) shall not be carried out to damage the prestige and reputation of the trial organs, procuratorial organs, public security organs and arbitration organs, in the litigation documents and court activities shall not be the use of insulting language to the above organs and their contractors;

(2) shall not be in violation of the trial court and arbitration tribunal discipline. disrupt the order of the trial court and the arbitration tribunal, and use improper means to delay the litigation and arbitration;

(iii) shall not use such means as distorting facts, misinterpreting laws, or falsifying evidence to influence and hinder the judicial, arbitration, and administrative law enforcement organs from deciding on and dealing with the cases of disputes;

(iv) shall not induce the client, witnesses, and other persons to manufacture, provide perjury, make false statements or change, destroy or hide evidence;

(e) not to bribe or instruct or induce the client to bribe the trial judges, procurators, investigators, arbitrators or other law enforcement officers;

(f) not to bring the relatives of the criminal defendant or other persons to meet with the defendant in custody, or to take advantage of the duties of his or her office to pass letters, money or other documents to the defendant or to make a decision for him or her in the case of an administrative law enforcement agency in violation of the regulations. Defendant to pass on letters, money or information relating to the case;

(7) shall not act on behalf of one's immediate family members directly undertake litigation and arbitration cases. Article 14 A lawyer shall observe the following practice discipline in dealing with the client and the opposing party:

(1) he shall not accept a commission to provide assistance to a client in the knowledge that the client's motives and behavior are illegal, immoral or fraudulent;

(2) he shall not accommodate the client's personal interests without principle, or intentionally misinterpret the law in order to meet and (B) shall not accommodate the personal interests of the principal without principle, or deliberately misinterpret the law to meet the improper demands of the principal, or authorize the principal to circumvent the law to the detriment of the national interest, the interests of the public and the lawful rights and interests of other citizens;

(C) shall not cause undue delay in the legal affairs of the principal's authorized agent, neglecting his duties, or dealing with them in a hasty manner;

(D) shall not disclose the principal's privacy, secrets, and other facts and materials that the principal is unwilling to disclose, that are made known to the principal in the execution of the duties of the office;

(e) shall not exceed the entrusted authority or use the entrusted relationship to engage in activities unrelated to the legal affairs entrusted to the agent without the consent of the principal;

(f) shall not act as an agent for the opposing party in the same case after the termination of the entrusted relationship with the principal according to law;

(g) shall not accept the opposing party for other legal affairs without the consent of the principal. (vii) shall not accept, without the consent of the principal, the entrustment of the other party to handle other legal affairs;

(viii) shall not unlawfully prevent and interfere with the other party and its agents to safeguard their own legitimate rights and interests and perform their duties in accordance with the law to carry out normal activities.