According to all china lawyers association's Code of Professional Ethics for Lawyers and Discipline for Lawyers, the discipline for lawyers' practice is mainly as follows:
Lawyers' discipline in practice institutions;
Law firms are lawyers' practice institutions, and lawyers' practice activities must be supervised and managed by law firms.
Two, 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.
Three, a lawyer shall not accept the entrustment in his own name, and shall not collect fees without permission.
Four, lawyers shall not violate the law firm's charging system and financial discipline, misappropriate, privately divide or occupy business fees.
Five, lawyers due to the practice of fault caused losses to the law firm, should bear the corresponding responsibility.
Lawyer discipline in litigation and arbitration;
1. Lawyers should abide by the discipline of the courts and arbitration tribunals, respect judges and arbitrators, submit legal documents and appear in court on time.
Two, lawyers appear in court in accordance with the provisions of dress, manners and etiquette, and shall not use insulting, abusive or defamatory language.
Third, lawyers are not allowed to contact the judges, prosecutors and arbitrators of this case in non-office places for the purpose of influencing the trial and ruling of the case, nor are they allowed to give money or property to the above-mentioned personnel, nor are they allowed to promise, repay or provide other convenient conditions to deal with law enforcement officers who undertake the case.
4. Lawyers shall not publicize to their clients that they have relatives and friends with law enforcement officers and relevant personnel under their jurisdiction, and shall not use this relationship to solicit business.
5. Lawyers shall collect evidence according to law, and shall not forge evidence, encourage clients to forge evidence or provide false testimony, and shall not hint, seduce or threaten others to provide false evidence.
6. Lawyers are not allowed to meet with the relatives of criminal suspects or defendants or other people, and they are not allowed to take advantage of their positions to deliver letters, property or materials and information related to the case to the defendants in violation of regulations.
Discipline between lawyers, clients and the other party:
1. Lawyers should make full use of their professional knowledge and skills, complete the entrusted matters wholeheartedly in accordance with the provisions of the law, and safeguard the legitimate rights and interests of clients to the maximum extent.
Second, lawyers should not accept legal affairs that they can't handle.
Three, lawyers should abide by the principle of honesty and trustworthiness, objectively inform the client of possible legal risks, and shall not deliberately make improper statements or false promises about possible risks.
Four, in order to safeguard the legitimate rights and interests of the client, the lawyer has the right to choose the method to complete or realize the client's purpose according to the requirements of law and moral standards.
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.
Five, a lawyer shall not act as the agent of 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.
Six, lawyers should be reasonable expenses, pay attention to saving.
7. A lawyer shall handle the entrusted affairs in a timely manner in strict accordance with the time limit, provisions and time agreed with the client as stipulated by law.
Eight, the lawyer shall promptly inform the client about the agency work, and give a reply to the legitimate request of the client to understand the entrusted matters as soon as possible.
Nine, lawyers should engage in agency activities within the scope of authorization, if special authorization is needed, they should obtain the written confirmation of the client 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.
Ten, a lawyer shall not refuse to represent the client without justifiable reasons.
Eleven, after accepting the entrustment, without the consent of the client, the lawyer shall not entrust others to represent him.
Twelve, lawyers should properly keep the evidence and other legal documents provided by the client to ensure that they are not lost or damaged.
Lawyers shall not misappropriate or embezzle the funds kept for their clients.
Thirteen, a lawyer shall not accept the benefits of the other party or ask him to agree to the benefits.
14. A lawyer shall not maliciously collude with the other party or a third party to infringe on the rights and interests of the client.
15. Lawyers shall not illegally stop or interfere with the activities of the opposing party and its agents.
Sixteen, after the end of the principal-agent relationship, lawyers have the obligation to keep confidential the confidential information related to the entrusted matters.
17. Lawyers shall strictly abide by the principle of performing their duties independently, and shall not lose their objective and fair position by catering to their clients or meeting their improper demands, and shall not assist their clients in committing illegal or fraudulent acts.
Discipline between lawyers and peers:
First, lawyers should abide by the industry competition norms, fair competition, consciously safeguard the practice order, and safeguard the honor and social image of the lawyer industry.
Two, lawyers should 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.
Three, lawyers and law firms can introduce their business areas or professional expertise in the following ways:
1, laws can be popularized through written works, seminars, briefings, etc. , promote their own professional fields, recommend their own professional expertise;
2, advocate and encourage lawyers and law firms to participate in social welfare activities.
Four, 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 undertake business by offering or promising to provide kickbacks;
3. Do not use news media or other means to provide false information or exaggerate their professional ability;
4. No academic qualifications, educational background, non-lawyer title, social status and honor are printed on the business card;
5. Don't compete for legal affairs at a cost level significantly lower than that of peers.
Interim Provisions of Hebei Province on Notarization of Foreign-related Economy
hebei people's government
Article 1 In order to give full play to the important role of notarization in international economic cooperation and technical exchanges, and to promote and guarantee the development of export-oriented economy in this province, these Provisions are formulated in accordance with the Provisional Regulations on Notarization in People's Republic of China (PRC) and the actual situation of this province.
Article 2 Where the legal acts, legal documents and facts of enterprises and other economic organizations in this province need notarization, they may apply to the notary office for notarization in accordance with these provisions.
Article 3 A notary office is a national notary office, which exercises notarization functions on behalf of the state.
The notary office shall handle foreign-related economic notarization affairs in accordance with relevant state laws, regulations and these Provisions and with reference to international practices.
Article 4 The business scope of foreign-related economic notarization:
(1) Proof of the agreements and contracts on investment, production, operation and foreign trade signed by enterprises or other economic organizations with foreign investors, as well as the power of attorney, power of attorney and qualification certificate of legal representative required for signing the agreements and contracts;
(2) Proof of agreements and contracts signed by Chinese-foreign equity joint ventures, Chinese-foreign cooperative ventures and foreign-funded enterprises (hereinafter referred to as foreign-invested enterprises) on commercial housing sales (including pre-sale and pre-purchase), housing mortgage and housing equipment lease;
(three) to prove that the foreign-invested enterprise and the relevant units have signed agreements and contracts on site use, water, electricity, material supply, storage and transportation, etc. Due to production or life needs;
(four) to prove the labor contract signed by the foreign-invested enterprise and its employees;
(5) Agreements, contracts, certificates of mortgage (including mortgage of real estate, equipment, products, shares and securities) and irrevocable letter of guarantee signed by foreign-invested enterprises for loans from domestic banks. ;
(6) The business license, legal person certificate, balance sheet and registered trademark certificate required to prove that an enterprise or other economic organization is engaged in production and business activities or set up an office outside People's Republic of China (PRC) (hereinafter referred to as overseas);
(seven) the title, position, education, experience, labor insurance and health certificate of the overseas labor service personnel;
(eight) all kinds of evidence needed to prove the litigation and claims in foreign-related economic disputes;
(nine) to prove that the copies, abridged versions, translations and photocopies of Chinese and foreign letters and telegrams are consistent with the originals, and that the signatures and seals on the documents are true;
(ten) according to the application of the parties and international practice, handle other foreign-related economic notarization affairs.
Article 5 Foreign-related economic notarization affairs shall be handled by the notary office in the place where the legal act takes place or the legal fact takes place.
Article 6 When a party or representative or agent of a unit (hereinafter referred to as the party) applies for foreign-related economic notarization, it shall submit relevant documents and a written application to the notary office; If you entrust others to act as agents, you must also provide documents with power of attorney.
Those who apply for notarization of power of attorney, power of attorney, signature and seal shall not entrust others to act as agents.
Article 7 When a notary office considers that the documents provided by the parties are incomplete or in doubt, it shall notify the parties to make necessary supplements, or directly investigate with relevant units and individuals to obtain relevant documents and materials. The relevant units and individuals shall give assistance.
Article 8 A notary office shall examine the identity of the parties and their ability to exercise their rights and perform their obligations in accordance with legal procedures; Examining whether the facts, documents and related documents applied for notarization by the parties are true and legal. If the content is true and legal, it shall issue a notarial certificate in time and bear the certification matters; If it is untrue or illegal, the notary office shall refuse notarization.
Article 9 A notary shall keep the notarization handled by the notary office confidential.
Article 10 When handling foreign-related economic notarization, a notary office shall collect notarization fees in accordance with the Regulations on Notarization Fees promulgated by the Ministry of Justice, the Ministry of Finance and the State Administration of Price, and issue an official receipt.
Eleventh enterprises or other economic organizations in this province, as well as overseas Chinese living abroad, compatriots from Hong Kong and Macao and compatriots in Taiwan Province Province, shall apply for notarization with reference to these Provisions.
Twelfth these Provisions shall be interpreted by the Department of Justice of Hebei Province.
Thirteenth these Provisions shall come into force as of the date of promulgation.