Lawyer's professional ethics refers to the general code of conduct that people's lawyers engaged in socialist legal work should follow when they engage in lawyer business and provide legal services to the society. Lawyer's professional ethics is an important part of legal professional ethics. Lawyer's professional ethics is the guideline to guide lawyer's practice, the standard to judge whether lawyer's practice meets lawyer's professional requirements, and the important basis to investigate the professional responsibility of illegal lawyers.
Lawyer's professional ethics has the following characteristics:
1. The main body of lawyers' professional ethics is lawyers and law firms. Among them, lawyers not only refer to lawyers in law firms, but also include public lawyers working in state organs, as well as trainee lawyers and paralegals. A law firm is a lawyer's practice organization. Supervise and manage lawyers, lawyers undertake business, and law firms accept cases in a unified way and charge fees in a unified way. Therefore, the lawyer's professional ethics is also applicable to law firms to restrain their professional behavior.
2. The object of lawyer's professional ethics is mainly the lawyer's practice behavior. The fundamental duty of lawyers is to provide legal services to clients, so the scope of lawyers' professional ethics is mainly lawyers' practice. At the same time, because some non-practicing activities of lawyers also affect the professional image of lawyers to a certain extent, some activities directly related to the professional image of lawyers other than practicing should also be bound by the professional ethics of lawyers.
3. A good lawyer's professional ethics has a wide impact on society. Lawyers provide legal services to the society, and have extensive contacts with state organs and their staff, enterprises and institutions, social organizations, parties and other participants in litigation, even direct entrustment relationships. What a lawyer says and does represents his professional image and embodies his quality. Therefore, good lawyer professional ethics plays a very important role in improving citizens' legal awareness and promoting the construction of a country ruled by law.
The nature, tasks and characteristics of people's lawyers determine the main contents of their professional ethics:
1, love the socialist motherland, love the party, and all words and deeds are based on safeguarding the legal dignity of socialist countries and the legitimate rights of the people;
2. Seriously study, profoundly understand and master the laws and decrees of the state, put the interests of the party and the people above everything else, enforce the law impartially, be impartial and faithfully perform their duties;
3. Proceed from reality, be loyal to objective facts, adhere to the principle of "taking facts as the basis and taking law as the criterion" to defend in court, and be responsible for the legitimate rights and interests of the parties and the socialist legal system;
4, in the process of handling cases, to be fair and comfortable, to speak out, to argue, not to be swayed by considerations of gain and loss;
5. Dignified, polite, sincere and humble. As the defender of the socialist legal system and the legitimate spokesman of the people, the professional ethics of people's lawyers is directly related to whether the socialist legal system can be implemented correctly, whether the legitimate rights of the people can be protected, and whether the bad guys can be punished in time by law.
legal ground
People's Republic of China (PRC) Lawyers Law
Article 3 Lawyers must abide by the Constitution and laws, and strictly abide by lawyers' professional ethics and practice discipline.
Lawyers' practice must be based on facts and take the law as the criterion.
Lawyers' practice should be supervised by the state, society and the parties concerned.
Lawyers' legal practice is protected by law, and no organization or individual may infringe upon the legitimate rights and interests of lawyers.
Article 4 The judicial administrative department shall supervise and guide lawyers, law firms and lawyers' associations in accordance with this Law.