According to the relevant provisions of the Code of Conduct for Lawyers, under any of the following circumstances, lawyers and law firms may not establish or maintain an entrusted relationship with the parties: (1) A lawyer acts as an agent for both parties in the same case, or represents legal affairs with conflicts of interest with himself or his close relatives; (2) When a lawyer handles litigation or non-litigation business, his close relatives are the legal agents or agents of the other party; (3) Staff members, judges, prosecutors and arbitrators of administrative organs who have personally handled or tried a certain matter or case before becoming lawyers;
(4) Different lawyers from the same law firm act as agents of victims and defenders of criminal suspects and defendants in the same criminal case, unless there is only one law firm in the county and the parties have agreed in advance; (5) In civil litigation, administrative litigation and arbitration cases, different lawyers of the same law firm act as agents of both parties to the dispute at the same time, or the firm or its staff are one party and other lawyers of the firm act as agents of the other party; (six) in non-litigation business, in addition to the entrustment of all parties, lawyers of the same law firm also act as agents of interested parties; (seven) after the termination of the entrustment relationship, the same law firm or the same lawyer accepts the entrustment of the other party in the subsequent trial or handling of the same case; (8) Other conflicts of interest similar to items (1) to (7) of this article, which can be judged to be avoided and not handled according to the lawyer's practice experience and industry common sense.
According to the relevant provisions of the Code of Conduct for Lawyers, in any of the following circumstances, a lawyer shall inform the client and withdraw himself, except that the client agrees to act as his agent or continue to undertake it: (1) accepting the entrustment of one party to a civil litigation or arbitration case, and other lawyers in the same firm are close relatives of the other party to the case; (2) Being a defender of a criminal suspect or defendant in a criminal case, and being a close relative of the victim in the case together with other lawyers; (three) the same law firm accepts litigation cases or other legal services entrusted by the other party who is not a party; (4) The law firm has a legal service relationship with the client, and the client has not asked the lawyer of the law firm to act as the agent of its litigation or arbitration case, but the lawyer of the law firm acts as the agent of the other party of the client; (five) within one year after the termination of the entrustment relationship, the lawyer accepts the entrustment of the other party who has an interest in the original client on the same legal matter; (6) Other circumstances similar to items (1) to (5) of this article can be judged according to the lawyer's practice experience and industry common sense.
When a lawyer or law firm discovers the above situation, it shall inform the client of the fact of the conflict of interest and the possible consequences, and the client shall decide whether to establish or maintain the entrustment relationship. If the client decides to establish or maintain the entrustment relationship, it shall sign an informed consent form, indicating that the parties have been aware of the basic facts and possible legal consequences of the conflict of interest, and the parties explicitly agree to establish or maintain the entrustment relationship with the law firm and lawyers.