According to the Lawyers Law of People's Republic of China (PRC)
Article 1 This Law is formulated with a view to improving the lawyer system, standardizing lawyers' practice behavior, ensuring lawyers to practice according to law, and giving full play to lawyers' role in the construction of socialist legal system.
Article 2 The term "lawyer" as mentioned in this Law refers to a practitioner who has obtained a lawyer's practice certificate according to law, accepted entrustment or assignment, and provided legal services to clients.
Article 25 When a lawyer undertakes business, the law firm accepts the entrustment, signs a written contract with the client, collects fees in accordance with state regulations and records them truthfully.
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Kunming, China lost a lawsuit on June 19 (Wang Yanlong). Should lawyers bear the responsibility? 19, the Wuhua District People's Court of Kunming invited hundreds of people to attend, and publicly heard a case in which the plaintiff sued a law firm, which aroused heated discussion among the audience.
20 1 1 In June, the plaintiffs Li Moumou and Zeng Mou asked Xu Moumou, a lawyer of a law firm in Yunnan, for advice. Xu Moumou said that it could be solved through litigation, and introduced Zhang Moumou of the law firm. Subsequently, the two parties signed an agency contract and a power of attorney, and the defendant law firm appointed Xu Moumou and Zhang Moumou to authorize the plaintiff to file a lawsuit.
After the agreement was reached, the plaintiff provided the lawyer with relevant certification materials, and the defendant lawyer Xu Moumou filed a lawsuit in the Wuhua District People's Court of Kunming in the name of the plaintiff. However, after the case was heard, all the claims were rejected by the court.
The plaintiff believes that Xu Moumou, the defendant law firm, was irresponsible, failed to study the case seriously, failed to provide corresponding legal services, and made an improper claim, resulting in his claim not being supported and causing economic losses. Therefore, the defendant is required to compensate the lawyer's agency fee, case acceptance fee and transportation fee of 43,832 yuan.
"If you lose the lawsuit, it is unreasonable to sue the lawyer." Ms. Li, who attended the audit, said that under normal circumstances, lawyers will try their best to help win the lawsuit when they receive the case. Last year, she went to consult a lawyer because of a small matter, and the lawyer still gave a very pertinent opinion, which reduced the trouble! However, she believes that the attorney only wrote about 300 words in the facts and reasons for the prosecution, which is "too hasty" and not serious enough!
Ms. Zhang, who participated in the audit, believes that "both parties to the contract should be risk-aware". After all, not all lawsuits are won. However, if the evidence cited by the lawyer in the course of performing his duties is inaccurate and the complaint is improper, thus causing losses to the plaintiff, the law firm shall bear the responsibility and make compensation.
Ankie Lau, an audit lawyer, said that lawyers are not omnipotent, but after representing the lawsuit, they should accurately understand the case and "prescribe the right medicine" to reduce unnecessary losses caused by mistakes.
Baidu Encyclopedia: Lawyer Law
China News Network: Businessmen sued lawyers for 40,000 yuan and lost the case.