(200 1 165438+ all china lawyers association1revised on October 26th)
Chapter I General Provisions
Article 1 In order to safeguard lawyers' professional reputation, comprehensively improve lawyers' moral level, standardize lawyers' practice behavior, and ensure lawyers to effectively perform their missions and responsibilities to the society and the public, this Code is formulated in accordance with the Lawyers Law of People's Republic of China (PRC).
Article 2 Lawyers shall abide by these Standards in their practice.
Article 3 Lawyers' practice shall be subject to the supervision of judicial administrative organs, lawyers' associations and the public.
Chapter II Basic Principles of Lawyers' Professional Ethics
Article 4 Lawyers should be loyal to the Constitution and laws, adhere to the principle of taking facts as the basis, take the law as the criterion, and practice in strict accordance with the law.
Lawyers should be loyal to their duties, adhere to principles and safeguard national laws and social justice.
Article 5 Lawyers shall be honest and trustworthy, diligent and conscientious, and faithfully safeguard the legitimate rights and interests of clients.
Article 6 Lawyers should be dedicated and diligent, study their business hard, master the legal knowledge and service skills they should have in practice, and constantly improve their practice level.
Article 7 Lawyers should cherish and safeguard their professional reputation, observe social morality by example, and pay attention to the construction of conduct and professional ethics.
Article 8 Lawyers shall strictly keep state secrets, business secrets of clients and privacy of clients.
Article 9 Lawyers should respect their peers, help each other, compete fairly and improve their professional level.
Article 10 Lawyers shall consciously perform their legal aid obligations and provide legal aid to the recipients.
Article 11 Lawyers shall abide by the articles of association of the Lawyers Association and earnestly perform their membership obligations.
Twelfth lawyers should actively participate in social welfare activities.
Chapter III Lawyers' Discipline in Practice Institutions
Thirteenth law firms are lawyers' practice institutions, and lawyers' practice activities must be supervised and managed by law firms.
Article 14 A lawyer shall not practice in more than two law firms at the same time.
Those who practice in a law firm and a legal service office at the same time are regarded as practicing in two law firms.
Article 15 A lawyer may not accept entrustment in his own name or collect fees privately.
Article 16 A lawyer shall not violate the charging system and financial discipline of a law firm, and shall not misappropriate, privately divide or occupy business fees.
Article 17 If a lawyer causes losses to a law firm due to his mistakes in practice, he shall bear corresponding responsibilities.
Chapter IV Lawyers' Discipline in Litigation and Arbitration Activities
Eighteenth lawyers should abide by the discipline of the court and the arbitration tribunal, respect the judges and arbitrators, submit legal documents and appear in court on time.
Article 19 When appearing in court, lawyers should dress in accordance with the regulations, behave in a civilized and polite manner, and may not use insulting, abusive or defamatory language.
Article 20 A lawyer shall not contact the judges, prosecutors and arbitrators in this case outside the office for the purpose of influencing the trial and judgment of a case, nor shall he give money or property to the above-mentioned persons, nor shall he deal with the law enforcement officers who undertake the case with promises, returns or other convenient conditions.
Article 21 A lawyer shall not publicize to his clients that he has relatives and friends with law enforcement officers and related personnel who have jurisdiction, and shall not use this relationship to solicit business.
Article 22 Lawyers shall collect evidence according to law, and shall not forge evidence, instigate clients to forge evidence or provide false testimony, and shall not hint, seduce or threaten others to provide false evidence.
Article 23 A lawyer shall not meet with a criminal suspect, defendant, their relatives or other people in custody, or take advantage of his position to deliver letters, property or materials and information related to the case to the defendant in violation of regulations.
Chapter V Discipline of Lawyers, Clients and Opposing Parties
Article 24 A lawyer should make full use of professional knowledge and skills, complete the entrusted matters wholeheartedly in accordance with the law, and safeguard the legitimate interests of clients to the maximum extent.
Article 25 A lawyer shall not accept legal affairs that he cannot handle.
Article 26 A lawyer shall abide by the principle of honesty and trustworthiness, objectively inform the client of the possible legal risks of the entrusted matters, and shall not intentionally make inappropriate statements or false promises about the possible risks.
Article 27 In order to safeguard the legitimate rights and interests of clients, lawyers have the right to choose the way to complete or realize the purpose of entrustment according to the requirements of laws and ethics.
If the matters or requirements to be entrusted by the client are prohibited by law or lawyer's practice norms, the lawyer shall inform the client and put forward suggestions for amendment or rejection.
Article 28 A lawyer shall not act as an agent for both parties in the same case.
The same law firm may not represent both parties to the litigation, except that there is only one law firm in remote areas.
Twenty-ninth lawyers should pay reasonable expenses for handling cases and pay attention to saving.
Article 30 A lawyer shall handle the entrusted affairs in a timely manner in strict accordance with the time limit and provisions stipulated by law and the time agreed with the client.
Article 31 A lawyer shall inform the client of the agency work in a timely manner, and give a reply as soon as possible to the client's legitimate request to know the entrusted matters.
Article 32 A lawyer shall engage in agency activities within the scope of authorization. If you need special authorization, you should obtain the written confirmation from the customer in advance.
A lawyer shall not exceed the agency authority entrusted by the client, and shall not engage in activities unrelated to the entrusted legal affairs by using the entrustment relationship.
Article 33 After accepting the entrustment, a lawyer shall not refuse to represent him without justifiable reasons.
Article 34. After accepting the entrustment, a lawyer may not entrust others to represent him without the consent of the client.
Article 35 A lawyer shall properly keep the evidence and other legal documents provided by the client to ensure that they are not lost or damaged.
A lawyer shall not misappropriate or occupy the property kept for his client.
Article 36 A lawyer shall not accept the interests of the other party, nor ask for or agree on the interests of the other party.
Article 37 A lawyer shall not maliciously collude with the other party or a third party to infringe upon the rights and interests of the client.
Article 38 A lawyer shall not illegally prevent or interfere with the activities of the other party and his agent.
Article 39 After the termination of the principal-agent relationship, a lawyer shall be obligated to keep confidential the confidential information related to the entrusted matters.
Article 40 A lawyer shall strictly abide by the principle of performing his duties independently, and shall not lose his objective and impartial position by catering to his clients or meeting their improper demands, or assist his clients in committing illegal or fraudulent acts.
Chapter VI Discipline between Lawyers and Colleagues
Article 41 Lawyers should abide by the norms of industry competition, compete fairly, consciously maintain the practice order, and safeguard the honor and social image of the lawyer industry.
Article 42 Lawyers shall respect their peers, learn from each other, help each other, improve their professional level, and shall not slander or damage the prestige and reputation of other lawyers.
Article 43 Lawyers and law firms may introduce their business fields and professional expertise in the following ways:
1. Laws can be popularized through written works, seminars, briefings, etc. , publicize your professional field and recommend your professional expertise;
2 advocate and encourage lawyers and law firms to participate in social welfare activities.
Article 44 Lawyers shall not engage in unfair competition in the following ways:
1. Do not solicit business by belittling the professional ability and level of peers;
2. Do not provide or promise to provide kickbacks to undertake business;
3. Do not use news media or other means to provide false information or exaggerate their professional ability;
4. It is not allowed to print various academic, academic and non-lawyer titles, social positions and honors on business cards;
5. Don't compete for legal affairs at a cost level significantly lower than that of peers.
Chapter VII Supplementary Provisions
Forty-fifth lawyers and law firms that violate this Code shall be punished by the Lawyers Association in accordance with the Measures for Disciplinary Actions of Members. If the circumstances are serious, it shall be punished by the judicial administrative organ.
Forty-sixth trainee lawyers and paralegals shall refer to this standard.
Article 47 all china lawyers association shall be responsible for the interpretation of this Code.
Article 48 All localities may formulate detailed rules for implementation according to this standard.
Article 49 These Standards shall come into force as of the date of promulgation.