Code of Practice for Lawyers (2nd Revision)
律师执业行为规范 (第二次修订)
According to the revised Code, lawyers and law firms may legally publicise their lawyers and law firms as well as their own business fields and specialities through advertising.
(Issued by the All China Lawyers Association on, and effective as of, November 9 2011.)
(中华全国律师协会于二零一一年十一月九日发布施行。)
Lü Fa Tong [2011] No.35
Part One: General provisions
律发通﹝2011﹞35号
Article 1: This Code has been formulated pursuant to the PRC Lawyers Law and the Charter of the All China Lawyers Association in order to regulate the practice of lawyers and ensure the rights and interests of lawyers in their practice.
Article 2: This Code is a guideline for lawyers to make their practice compliant, a set of professional standards for evaluating the practice of lawyers and a code of conduct for self-restraint by lawyers.
第一章 总 则
Article 3: If the practice of a lawyer breaches a mandatory provision of this Code, he or she will be disciplined or punished in accordance with the relevant regulatory documents. With respect to the discretionary provisions hereof, lawyers shall comply with them with self-discipline.
Article 4: This Code shall apply to the lawyers and law firms that are members of the All China Lawyers Association. Matters relating to other professional personnel of law firms shall be handled with reference to this Code.
第一条 为规范律师执业行为,保障律师执业权益,根据《中华人民共和国律师法》和《中华全国律师协会章程》制定本规范。
Part Two: Basic code of conduct for the practice of lawyers
Article 5: A lawyer shall be faithful to the Constitution and the law, and adhere to the professional ethics and practice discipline of lawyers.
第二条 本规范是律师规范执业行为的指引,是评判律师执业行为的行业标准,是律师自我约束的行为准则。
Article 6: Lawyers shall act in good faith, with due diligence and, based on the facts and the law, safeguard the lawful rights and interests of concerned parties, safeguard the correct implementation of the law and safeguard social fairness and justice.
Article 7: A lawyer shall attach great weight to cultivation of the profession, and consciously safeguard the reputation of the legal profession.
第三条 律师执业行为违反本规范中强制性规范的,将依据相关规范性文件给予处分或惩戒。本规范中的任意性规范,律师应当自律遵守。
Article 8: A lawyer shall keep confidential the state secrets and trade secrets to which he or she is privy in the course of his or her practice activities, and may not disclose private matters of concerned parties.
A lawyer shall keep confidential clients' and other persons' matters and information to which he or she is privy in the course of his or her practice activities and that such clients and other persons do not wish disclosed, with the exception of facts and information about a criminal offence that jeopardises state security or public safety, or seriously jeopardises the safety of the person or property of another and that a client or another person is about to perpetrate or is in the process of perpetrating.
第四条 本规范适用于作为中华全国律师协会会员的律师和律师事务所,律师事务所其他从业人员参照本规范执行。
Article 9: A lawyer shall respect his or her peers, compete fairly and assist his or her peers as they assist him or her.
Article 10: Lawyers associations shall advocate that lawyers pay attention to, support and actively participate in public welfare undertakings.
第二章 律师执业基本行为规范
Article 11: When practising, a lawyer may not engage in the provision of legal services other than in his or her capacity as a lawyer.
A lawyer may practise with only one law firm.
第五条 律师应当忠于宪法、法律,恪守律师职业道德和执业纪律。
A lawyer may not continue practising while he or she has been suspended from practice, or continue to practise in the name of his or her original law firm while such firm has suspended operations to undergo rectification or after it has been deregistered.
Article 12: A lawyer may not act for both parties in a case or act in a legal matter in which he, she or a close family member has a conflict of interest.
第六条 律师应当诚实守信、勤勉尽责,依据事实和法律,维护当事人合法权益,维护法律正确实施,维护社会公平和正义。
Article 13: If a lawyer serves as a member of a standing committee of a people's congress at any level, he or she may not act as an agent ad litem or an advocate during his or her term of office.
Article 14: A lawyer may not do any of the following acts:
第七条 律师应当注重职业修养,自觉维护律师行业声誉。
(1) an act that causes an adverse social impact or that damages the reputation of the legal profession;
(2) an act that interferes with the lawful exercise by a state judicial or administrative authority of its functions and powers;
第八条 律师应当保守在执业活动中知悉的国家秘密、商业秘密,不得泄露当事人的隐私。
(3) participation in a body, organisation or association prohibited by law;
(4) another act that violates laws, regulations, the professional code of the lawyers association or professional ethics; or
律师对在执业活动中知悉的委托人和其他人不愿泄露的情况和信息,应当予以保密。但是,委托人或者其他人准备或者正在实施的危害国家安全、公共安全以及其他严重危害他人人身、财产安全的犯罪事实和信息除外。
(5) another act that violates public morals or seriously damages the image of the legal profession.
Part Three: Code of conduct for the promotion by lawyers of their business
第九条 律师应当尊重同行,公平竞争,同业互助。
Section One: Business promotion principles
Article 15: When promoting their legal business, lawyers and law firms shall abide by the principles of equality and good faith, comply with lawyers' professional ethics and practice discipline and comply with the professional standards generally accepted by the legal profession and compete fairly.
第十条 律师协会倡导律师关注、支持、积极参加社会公益事业。
Article 16: Lawyers and law firms shall engage in and promote their legal business through means such as enhancing their own comprehensive quality, enhancing the quality of their legal services and strengthening their own business competitiveness.
Article 17: Lawyers and law firms may legally publicise their lawyers and law firms as well as their own business fields and specialities through advertising.
第十一条 律师在执业期间不得以非律师身份从事法律服务。
Article 18: Lawyers and law firms may publicise their own special fields by way of activities such as the publication of academic articles, case analyses, answers to special topics, teaching of courses and dissemination of legal knowledge.
Article 19: Lawyers and law firms may publicise their specialities through the organisation of, or participation in, single issue or professional symposia.
律师只能在一个律师事务所执业。
Article 20: A lawyer may participate in various public welfare activities in his or her own name or in the name of the law firm with which he or she serves.
Article 21: In their business promotion activities, lawyers and law firms may not carry out acts of unfair competition.
律师不得在受到停止执业处罚期间继续执业,或者在律师事务所被停业整顿期间、注销后继续以原所名义执业。
Section Two: Advertising for promotion of legal business
Article 22: To promote their business, lawyers and law firms may publish advertisements that provide information that enables the public to understand the legal services provided by individual lawyers and the law firm.
第十二条 律师不得在同一案件中为双方当事人担任代理人,不得代理与本人或者其近亲属有利益冲突的法律事务。
Article 23: When publishing advertisements, a lawyer shall abide by state laws, regulations, rules and this Code.
Article 24: The advertisements published by a lawyer shall be distinctive, enabling the public to know that they are advertisements by a lawyer.
第十三条 律师担任各级人民代表大会常务委员会组成人员的,任职期间不得从事诉讼代理或者辩护业务。
Article 25: A legal advertisement may be published in the lawyer's own name or in the name of his or her law firm. A legal advertisement published in a lawyer's own name shall indicate the name of the firm with which he or she is practising and his or her lawyer's licence number.
Article 26: A lawyer or law firm may not publish legal advertisements if:
第十四条 律师不得为以下行为:
(1) he, she or it has not passed the annual assessment;
(2) he or she has been suspended from practice or its operations have been suspended for rectification; or
(一)产生不良社会影响,有损律师行业声誉的行为;
(3) he, she or it has been the subject of a circulated notice of criticism or public rebuke and less than one year has elapsed since that time.
Article 27: The information in a lawyer's personal advertisement shall be limited to his or her name, image, age, sex, academic record, academic degree, speciality and practice permission date; the name of the law firm with which he or she is serving and the length of time for which he or she has been practising with such law firm; fee rate and contact information; the scope of legal services that, according to law, he or she can provide to the public; and his or her practice record.
(二)妨碍国家司法、行政机关依法行使职权的行为;
Article 28: The information in a law firm's advertisement shall be limited to its name, domicile, telephone number, fax number, postal code, e-mail address and web address; the lawyers association of which it is a member; a brief description of its practising lawyers and the scope of legal services that, according to law, it can provide to the public; and its practice record.
Article 29: Lawyers and law firms may not produce advertisements in a manner that runs counter to a lawyer's mission or damages the image of lawyers, or produce advertisements using the artistic exaggeration of general commercial advertisements.
(三)参加法律所禁止的机构、组织或者社会团体;
Article 30: Legal advertisements may not contain information that violates the relevant provisions on the administration of legal advertising of the relevant lawyers association.
Section Three: Publicity by lawyers
(四)其他违反法律、法规、律师协会行业规范及职业道德的行为。
Article 31: Lawyers and law firms may not carry out publicity that twists the facts or the law, or could give the public unreasonable expectations of lawyers.
Article 32: Lawyers and law firms may publicise a certain specialised legal service field in which they are engaged, but may not self-declare themselves to be, or imply that they are generally acknowledged or have been proven to be, an authority or expert in a certain special field.
(五)其他违反社会公德,严重损害律师职业形象的行为。
Article 33: Lawyers and law firms may not carry out publicity that compares lawyers or law firms.
Part Four: Code on the relationship between lawyers and clients or concerned parties
第三章 律师业务推广行为规范
Section One: Appointed agent relationship
Article 34: A lawyer shall hold consultations with a client on the scope and details of the assignment, authority, fees, term, etc., and once they reach a consensus thereon, the law firm and client shall execute an engagement agreement.
第一节 业务推广原则
Article 35: A lawyer shall fully utilise his or her professional knowledge, complete the assignment in accordance with the law and the engagement agreement and safeguard the lawful rights and interests of the client or the concerned party.
Article 36: A lawyer and the law firm with which he or she serves have the right in accordance with the law, fairness, justice and professional ethical standards of lawyers to select the plan by which to realise the client's or the concerned party's objective.
第十五条 律师和律师事务所推广律师业务,应当遵守平等、诚信原则,遵守律师职业道德和执业纪律,遵守律师行业公认的行业准则,公平竞争。
Article 37: A lawyer shall handle an assignment in strict accordance with the deadline and limitation of actions specified by law and the time agreed upon with the client. With respect to a request made by the client in order to understand the progress of the handling of an assignment from the client, a response shall be given in a timely manner.
Article 38: A lawyer shall open legal matter files and keep complete work records.
第十六条 律师和律师事务所应当通过提高自身综合素质、提高法律服务质量、加强自身业务竞争能力的途径,开展、推广律师业务。
Article 39: A lawyer shall duly keep the originals of evidence, original objects, masters of sound and video recordings and other materials provided by the client or concerned party.
Article 40: Once a lawyer has accepted an assignment, he or she shall carry out the practice activities within the scope of authority bestowed on him or her by the client, and may not exceed such authority.
第十七条 律师和律师事务所可以依法以广告方式宣传律师和律师事务所以及自己的业务领域和专业特长。
Article 41: Once a lawyer has accepted an assignment, he or she may not refuse to act as advocate or agent, or otherwise terminate the assignment without legitimate cause. If the assignment runs counter to the law, the client utilises the services provided by the lawyer to engage in illegal activities or the client deliberately withholds crucial facts relating to the case, the lawyer shall have the right to inform the client and demand that he or she rectify the matter, the right to refuse to act as advocate or agent or otherwise terminate the assignment, and the right to charge legal fees for the matters that he or she has already performed.
Article 42: When handling an assignment, a lawyer shall notify the client and report to his or her law firm in a timely manner an insurmountable difficulty or risk that has arisen or could arise.
第十八条 律师和律师事务所可以通过发表学术论文、案例分析、专题解答、授课、普及法律等活动,宣传自己的专业领域。
Section Two: Prohibition against fraudulent undertakings
Article 43: A lawyer shall carry out an analysis on the basis of the facts and evidence provided by the client and on the basis of the law, and provide to the client an analytical opinion.
第十九条 律师和律师事务所可以通过举办或者参加各种形式的专题、专业研讨会,宣传自己的专业特长。
Article 44: That a lawyer's defence or agency opinions are not accepted shall not constitute a fraudulent undertaking.
Section Three: Prohibition against illegal attempts to obtain a client's benefits
第二十条 律师可以以自己或者其任职的律师事务所名义参加各种社会公益活动。
Article 45: A lawyer or law firm may not take advantage of his, her or its provision of legal services to attempt to obtain the benefits disputed by the concerned party.
Article 46: A lawyer or law firm may not unlawfully create an economic connection with the client in respect of the disputed benefits or come to an agreement with the client that the subject matter of the dispute will be sold to him, her or it; and may not entrust a third party to acquire or lease the subject matter of the dispute between the client and another party for himself, herself, itself or for a close family member.
第二十一条 律师和律师事务所在业务推广中不得为不正当竞争行为。
Article 47: A law firm may lawfully enter into an agreement with a concerned party or client under which, provided that the amount or the object in question is recovered, it shall charge a certain percentage of the money or physical goods as its lawyer's fee.
Section Four: Reviews of conflicts of interest
第二节 律师业务推广广告
Article 48: A law firm shall establish a system for the review of conflicts of interest. Before accepting an assignment, a law firm shall conduct a review of conflicts of interest and render its decision on whether or not to accept the assignment.
Article 49: If a lawyer handling an assignment has a material interest in or a conflict of interest with the client, he or she may not accept such assignment and shall recuse himself or herself at his or her own initiative.
第二十二条 律师和律师事务所为推广业务,可以发布使社会公众了解律师个人和律师事务所法律服务业务信息的广告。
Article 50: A lawyer or a law firm may not establish or maintain an engagement relationship with a concerned party if:
(1) the lawyer is acting as the agent of both parties in a case or is acting in a legal matter in which he or she himself or herself, or a close family member, has a conflict of interest;
第二十三条 律师发布广告应当遵守国家法律、法规、规章和本规范。
(2) the lawyer is handling a litigation or non-litigation matter and a close family member is the legal representative or agent of the other party;
(3) he or she personally dealt with or tried/heard a matter or case in his or her capacity as a member of the working personnel of an administrative authority, a judge, a procurator or an arbitrator and after becoming a lawyer he or she is again handling the relevant matter or case;
第二十四条 律师发布广告应当具有可识别性,应当能够使社会公众辨明是律师广告。
(4) different lawyers from the same law firm are serving as the injured party's agent and the suspect's or defendant's advocate in the same criminal case, unless there is only one law firm in the county area in question and the consent of the parties has been secured in advance;
(5) in a civil action, administrative action or arbitration case, different lawyers from the same law firm are acting as the agents of both parties to the dispute, or the firm or a member of its working personnel is one of the parties thereto and another lawyer of the firm is acting as the agent of the other party;
第二十五条 律师广告可以以律师个人名义发布,也可以以律师事务所名义发布。以律师个人名义发布的律师广告应当注明律师个人所任职的执业机构名称,应当载明律师执业证号。
(6) in a non-litigation matter, except in the case of joint engagement by all of the concerned parties, lawyers from the same law firm are acting as the agents of concerned parties that are mutually materially interested;
(7) after the termination of an engagement relationship, the same law firm or the same lawyer accepts the engagement of the other party in a subsequent trial/hearing or the handling of the same case; or
第二十六条 具有下列情况之一的,律师和律师事务所不得发布律师广告:
(8) another conflict of interest similar to the circumstances set forth in Items (1) to (7) of this Article and according to which, based on lawyers' practice experience and common knowledge in the profession, it can be determined that voluntary recusation is required and that the matter may not be handled.
Article 51: In any of the following circumstances, a lawyer shall inform the client and propose to recuse himself or herself, unless the client agrees to his or her acting as agent or continuing to handle the matter:
(一)没有通过年度考核的;
(1) he or she has accepted the engagement of a party in a civil action or arbitration case and another lawyer from the same firm is a close family member of the other party in the case;
(2) he or she is serving as the advocate for the suspect or defendant in a criminal case and another lawyer from the same firm is a close family member of the injured party in the case;
(二)处于停止执业或停业整顿处罚期间的;
(3) a law firm accepts another legal matter entrusted by the party opposing a party for which it is currently acting in a litigation case or non-litigation matter;
(4) a legal service relationship exists between a law firm and a client and in a certain legal action or arbitration case such client has not asked the law firm to act as his or her agent and a lawyer from the law firm is acting for the party opposing the client;
(三)受到通报批评、公开谴责未满一年的。
(5) within one year after the termination of an engagement relationship, a lawyer accepts, in the same legal matter, the engagement of the other party that has a material interest in the original client; or
(6) another circumstance similar to the circumstances set forth in Items (1) to (5) of this Article and that can be determined based on lawyers' practice experience and common knowledge in the profession.
第二十七条 律师个人广告的内容,应当限于律师的姓名、肖像、年龄、性别,学历、学位、专业、律师执业许可日期、所任职律师事务所名称、在所任职律师事务所的执业期限;收费标准、联系方法;依法能够向社会提供的法律服务业务范围;执业业绩。
If a lawyer or law firm becomes aware of the existence of any of the foregoing circumstances, he, she or it shall inform the client of the facts of the conflict of interest and the potential consequences thereof and the client shall decide whether to establish or maintain the engagement relationship. If the client decides to establish or maintain the engagement relationship, he or she shall sign a letter of informed consent indicating that he or she is aware of the basic facts of the existence of the conflict of interest and the potential legal consequences and that he or she expressly agrees to establish or maintain an engagement relationship with the law firm and its lawyers.
Article 52: If the clients are aware of the circumstances and sign letters of informed consent to express their waiver, each of the handling lawyers shall maintain the confidentiality of the case information of his or her respective client in the course of handling the cases, and may not disclose information relating to the case to the handling lawyer of the counterparty.
第二十八条 律师事务所广告的内容应当限于律师事务所名称、住所、电话号码、传真号码、邮政编码、电子信箱、网址;所属律师协会;所内执业律师及依法能够向社会提供的法律服务业务范围简介;执业业绩。
Section Five: Custody of client property
Article 53: A law firm may execute a written custody agreement with a client whereunder it shall duly keep the client's property and strictly perform the custody agreement.
第二十九条 律师和律师事务所不得以有悖律师使命、有损律师形象的方式制作广告,不得采用一般商业广告的艺术夸张手段制作广告。
Article 54: When a law firm is engaged to keep custody of a client's property, it shall keep the same strictly separated from its own and its lawyers' personal property.
Section Six: Sub-assignment
第三十条 律师广告中不得出现违反所属律师协会有关律师广告管理规定的内容。
Article 55: Without the consent of the client, a law firm may not sub-assign a legal matter assigned by a client to another law firm for handling, except in urgent circumstances where a sub-assignment may be carried out to safeguard the interests of the client and provided that the client is informed thereof in a timely manner.
Article 56: When a lawyer who has been engaged cannot perform the engagement agreement due to sudden illness, a transfer or other such urgent circumstance, he or she shall report the same to the law firm in a timely manner and the law firm shall designate another lawyer to take over and, in a timely manner, inform the client thereof.
第三节 律师宣传
Article 57: Without the consent of the client, the client's expenses may not be increased due to a sub-assignment.
Section Seven: Termination engagement relationships
第三十一条 律师和律师事务所不得进行歪曲事实和法律,或者可能使公众对律师产生不合理期望的宣传。
Article 58: A law firm shall terminate an engagement relationship if:
(1) the client requests termination of the engagement agreement;
第三十二条 律师和律师事务所可以宣传所从事的某一专业法律服务领域,但不得自我声明或者暗示其被公认或者证明为某一专业领域的权威或专家。
(2) the lawyer is punished by having his or her licence revoked or being suspended from practice and, following consultations, the client does not agree to replacement of his or her lawyer;
(3) it becomes aware of a conflict of interest as specified in Article 50 hereof;
第三十三条 律师和律师事务所不得进行律师之间或者律师事务所之间的比较宣传。
(4) the engaged lawyer is not suitable to continue performing the engagement agreement for health reasons and, following consultations, the client does not agree to replacement of his or her lawyer; or
(5) continued performance of the engagement agreement would violate laws, regulations, rules or this Code.
第四章 律师与委托人或当事人的关系规范
Article 59: In any of the following circumstances, a law firm may terminate the engagement agreement if the client fails to rectify the matter after it is brought to his or her attention:
(1) the client is using the legal services provided by the lawyer to engage in an illegal or criminal activity;
第一节 委托代理关系
(2) the client demands that the lawyer achieve an objective that is impossible to realise or is unreasonable;
(3) the client has failed to perform his or her obligations under the engagement contract;
第三十四条 律师应当与委托人就委托事项范围、内容、权限、费用、期限等进行协商,经协商达成一致后,由律师事务所与委托人签署委托协议。
(4) where the same was unforeseeable, the provision of legal services by the lawyer would cause him or her to bear an unreasonable expense burden or would cause him or her to incur unbearable or unreasonable difficulties; or
(5) another lawful reason.
第三十五条 律师应当充分运用专业知识,依照法律和委托协议完成委托事项,维护委托人或者当事人的合法权益。
Article 60: If a law firm terminates its acting as agent or terminates an assignment pursuant to Article 58 or 59 hereof, a client and the law firm terminates the agreement through consultations, or a client unilaterally terminates the appointed agent agreement, the law firm shall have the right to charge the client for those services it has already provided.
Article 61: Once the engagement relationship between a law firm and a client has terminated, the law firm shall return the originals of the documents, the original physical evidence, masters of audio-visual materials and other such evidence provided by the concerned party and may retain photocopies thereof for its files.
第三十六条 律师与所任职律师事务所有权根据法律规定、公平正义及律师执业道德标准,选择实现委托人或者当事人目的的方案。
Part Five: Code for the participation by lawyers in legal actions and arbitration proceedings
Section One: Investigation and gathering of evidence
第三十七条 律师应当严格按照法律规定的期间、时效以及与委托人约定的时间办理委托事项。对委托人了解委托事项办理情况的要求,应当及时给予答复。
Article 62: A lawyer shall investigate and gather evidence in accordance with the law.
Article 63: A lawyer shall not submit evidence to a judicial authority or arbitration institution that he or she clearly knows to be false.
第三十八条 律师应当建立律师业务档案,保存完整的工作记录。
Article 64: If a lawyer appears in court to give evidence as a witness, he or she may not accept an engagement to appear in court as an advocate or an agent in the case.
Section Two: Respecting the court and compliant contact with judicial personnel
第三十九条 律师应谨慎保管委托人或当事人提供的证据原件、原物、音像资料底版以及其他材料。
Article 65: A lawyer shall abide by court and arbitration tribunal discipline and comply with the time for appearing in court, deadline for adducing evidence, time limit for submitting legal documents and other procedural provisions.
Article 66: In the course of a trial or hearing, a lawyer shall respect the court or arbitration tribunal.
第四十条 律师接受委托后,应当在委托人委托的权限内开展执业活动,不得超越委托权限。
Article 67: In the course of practice, if a lawyer wishes to contact the case-handling person or exchange opinions with such person because his or her opinion in respect of the truthfulness of a fact, the authenticity of an exhibit or the correct application of the law differs from that of the opposing party in a legal action, or for the purpose of submitting new evidence to the case-handling person, he or she shall do so in the place designated for such purpose on the premises of the judicial authority.
Article 68: In the course of handling a case, a lawyer may not have ex parte contact with judicial or arbitration personnel connected with the case he or she is handling.
第四十一条 律师接受委托后,无正当理由不得拒绝辩护或者代理、或以其他方式终止委托。委托事项违法、委托人利用律师提供的服务从事违法活动或者委托人故意隐瞒与案件有关的重要事实的,律师有权告知委托人并要求其整改,有权拒绝辩护或者代理、或以其他方式终止委托,并有权就已经履行事务取得律师费。
Article 69: A lawyer may not bribe personnel of a judicial authority or arbitration institution or transact with judicial or arbitration personnel handling his or her case by means such as promising a reward or providing other benefits (including material benefits and non-material benefits).
A lawyer may not act as intermediary in offering a bribe or instruct or induce the concerned party to offer a bribe.
第四十二条 律师在承办受托业务时,对已经出现的和可能出现的不可克服的困难、风险,应当及时通知委托人,并向律师事务所报告。
Section Three: Appearance and language in court
Article 70: When a lawyer participates in a court trial or arbitration tribunal hearing as an advocate or agent, he or she shall, in accordance with provisions, wear lawyers' court dress and his or her court badge, and shall pay heed to the professional image of lawyers.
第二节 禁止虚假承诺
Article 71: When speaking before a court or arbitration tribunal, a lawyer shall bear himself or herself with dignity and good taste, and be proper and correct in his or her choice of words.
Part Six: Code for the relationship between lawyers
第四十三条 律师根据委托人提供的事实和证据,依据法律规定进行分析,向委托人提出分析性意见。
Section One: Respect and cooperation
Article 72: Lawyers shall assist and respect each other.
第四十四条 律师的辩护、代理意见未被采纳,不属于虚假承诺。
Article 73: The lawyers of each party shall respect each other in the course of a court trial or negotiations and may not use mordant, sarcastic or insulting language.
Article 74: A lawyer or law firm may not express or publish on a public occasion or in the media remarks that maliciously derogate, defame or damage the reputation of other lawyers or law firms.
第三节 禁止非法牟取委托人权益
Article 75: When a lawyer changes firms, he or she shall safeguard the interests of clients and his or her former law firm. When a law firm accepts a lawyer from another law firm, it may not harm the interests of such law firm.
Article 76: In the event of a dispute between a lawyer and a client, the law firm's solution shall fully respect the lawyer's own opinion and the lawyer shall accept the law firm's resolution for resolving the dispute.
第四十五条 律师和律师事务所不得利用提供法律服务的便利,牟取当事人争议的权益。
Section Two: Prohibition on unfair competition
Article 77: Lawyers and law firms may not use unfair means to compete for business, harming the reputation or other lawful rights and interests of other lawyers and law firms.
第四十六条 律师和律师事务所不得违法与委托人就争议的权益产生经济上的联系,不得与委托人约定将争议标的物出售给自己;不得委托他人为自己或为自己的近亲属收购、租赁委托人与他人发生争议的标的物。
Article 78: A lawyer shall be deemed to be engaging in unfair competition in his or her practice if he or she:
(1) defames the credibility or reputation of another lawyer or law firm;
第四十七条 律师事务所可以依法与当事人或委托人签订以回收款项或标的物为前提按照一定比例收取货币或实物作为律师费用的协议。
(2) solicits business using fee rates lower than those of the competition in the same region without a legitimate reason, or by means such as undertaking to give clients, intermediaries or referrers kickbacks, money, property or other benefits;
(3) deliberately foments a dispute between a client and the lawyer representing him or her;
第四节 利益冲突审查
(4) expressly or implicitly indicates to a client that he or she himself or herself or his or her law firm has a special relationship with a judicial authority, government department, an association or the working personnel thereof;
(5) gives a fraudulent undertaking in respect of the results of his or her legal services or the outcome of a legal action; or
第四十八条 律师事务所应当建立利益冲突审查制度。律师事务所在接受委托之前,应当进行利益冲突审查并作出是否接受委托决定。
(6) expressly or implicitly indicates that he or she can assist the client in achieving an illegitimate objective or will use illegitimate means or measures to achieve the client's objective.
Article 79: In his, her or its contacts with administrative authorities, industry administration departments or enterprises, a lawyer or a law firm may not take the following illegitimate means to compete for business with other lawyers or law firms:
第四十九条 办理委托事务的律师与委托人之间存在利害关系或利益冲突的,不得承办该业务并应当主动提出回避。
(1) soliciting business by monopolising a certain type of legal service matter through a certain authority, department or industry; or
(2) limiting a client to accepting the legal services provided by a lawyer or law firm designated by him, her or it thereby limiting the fair competition by other lawyers or law firms.
第五十条 有下列情形之一的,律师及律师事务所不得与当事人建立或维持委托关系:
Article 80: In his, her or its contacts with a judicial authority and its judicial personnel, a lawyer or law firm may not compete for business by taking means such as using another capacity that a lawyer has to affect the normal handling and trial/hearing of the matter that he, she or it is handling.
Article 81: A lawyer or law firm that has, in accordance with relevant provisions, secured the qualifications to engage in the provision of legal services within a specific scope may not engage in the following acts of unfair competition:
(一)律师在同一案件中为双方当事人担任代理人,或代理与本人或者其近亲属有利益冲突的法律事务的;
(1) restricting a client from accepting the legal services provided by another lawyer or law firm that has been certified by a statutory authority;
(2) compelling a client to accept the legal services provided by him, her or it or by a lawyer designated by him, her or it; or
(二)律师办理诉讼或者非诉讼业务,其近亲属是对方当事人的法定代表人或者代理人的;
(3) with respect to a client that resists the foregoing acts, refusing, suspending, delaying or reducing the necessary legal services or overcharging him or her.
Article 82: Lawyers or law firms may not take the following means to exclude fair competition from competitors:
(三)曾经亲自处理或者审理过某一事项或者案件的行政机关工作人员、审判人员、检察人员、仲裁员,成为律师后又办理该事项或者案件的;
(1) colluding to raise or lower fees;
(2) for the purpose of soliciting business, illegitimately obtaining the fee schedules or other conditions for the provision of legal services of other lawyers and law firms; or
(四)同一律师事务所的不同律师同时担任同一刑事案件的被害人的代理人和犯罪嫌疑人、被告人的辩护人,但在该县区域内只有一家律师事务所且事先征得当事人同意的除外;
(3) disclosing information that has yet to be made public, such as fee schedules or other conditions for the provision of legal services, thereby harming the lawful rights and interests of the relevant law firms.
Article 83: A lawyer or law firm may not use, without authorisation or illegally, a public exclusive name or a name that is relatively well known and the logos, graphic characters and codes that represent such name so as to confuse and mislead clients.
(五)在民事诉讼、行政诉讼、仲裁案件中,同一律师事务所的不同律师同时担任争议双方当事人的代理人,或者本所或其工作人员为一方当事人,本所其他律师担任对方当事人的代理人的;
For the purposes of this Code, the term “public exclusive name” and “name that is relatively well known” refers to:
(1) the name of a relevant political party, judicial authority, administrative authority or industry association;
(六)在非诉讼业务中,除各方当事人共同委托外,同一律师事务所的律师同时担任彼此有利害关系的各方当事人的代理人的;
(2) the name of an institute of higher learning for legal studies or research institute that is relatively well known among the public;
(3) the name of a non-lawyer public personality that is known to and has a relatively high degree of recognition among the public; or
(七)在委托关系终止后,同一律师事务所或同一律师在同一案件后续审理或者处理中又接受对方当事人委托的;
(4) the name of a famous lawyer or law firm.
Article 84: A lawyer or law firm may not fabricate or illegally use an honorary title for legal services. If an honorary title for legal services by a lawyer or law firm that has been obtained is to be used, the date the same was obtained and the term thereof shall be indicated. A lawyer or law firm may not alter an honorary title that he, she or it has obtained for use in advertising and publicity. If a law firm has been closed down, the honorary titles that it obtained may not continue to be used.
(八)其他与本条第(一)至第(七)项情形相似,且依据律师执业经验和行业常识能够判断为应当主动回避且不得办理的利益冲突情形。
Part Seven: Code for the relationship between a lawyer and the law firm with which he or she serves
Article 85: A law firm is the organisation in which a lawyer practises. A law firm bears the duties of educating, managing and monitoring its practising lawyers.
第五十一条 有下列情形之一的,律师应当告知委托人并主动提出回避,但委托人同意其代理或者继续承办的除外:
Article 86: A law firm shall establish sound practice management, conflict of interest review, fee and financial management, complaint investigation and handling, annual assessment, file management, employment contract management and other such systems and monitor whether its lawyers abide by professional ethics and practice discipline in the course of their practice activities.
Article 87: A law firm shall safeguard the lawful rights and interests of its lawyers and other working personnel in accordance with the law and provide the working conditions necessary for its lawyers to practice.
(一)接受民事诉讼、仲裁案件一方当事人的委托,而同所的其他律师是该案件中对方当事人的近亲属的;
Article 88: A law firm shall centrally accept assignments for its lawyers, execute a written engagement contract with the client and collect the fees in accordance with state provisions.
Article 89: Lawyers and law firms must pay taxes in accordance with the law.
(二)担任刑事案件犯罪嫌疑人、被告人的辩护人,而同所的其他律师是该案件被害人的近亲属的;
Article 90: A law firm shall regularly arrange current affairs, political and vocational studies for, and the summarisation and exchange of practice experience among, its lawyers to enhance their practice level.
Article 91: A law firm shall diligently guide interns in their internships, and truthfully issue internship assessment materials and related supporting documentation.
(三)同一律师事务所接受正在代理的诉讼案件或者非诉讼业务当事人的对方当事人所委托的其他法律业务的;
Article 92: A law firm may not engage in business activities other than the provision of legal services.
Article 93: Lawyers and law firms shall perform their legal aid obligations in accordance with state provisions, provide legal services to recipients of legal aid and safeguard the lawful rights and interests of such recipients.
(四)律师事务所与委托人存在法律服务关系,在某一诉讼或仲裁案件中该委托人未要求该律师事务所律师担任其代理人,而该律师事务所律师担任该委托人对方当事人的代理人的;
Article 94: A law firm may not assign a person without a lawyer's licence or a lawyer who has been suspended from practice to provide legal services in the capacity of a lawyer.
Article 95: With respect to an error committed by a paralegal assigned to handle a matter, a law firm shall take measures to halt or remedy the same and bear the liability therefor.
(五)在委托关系终止后一年内,律师又就同一法律事务接受与原委托人有利害关系的对方当事人的委托的;
Article 96: A law firm is under obligation to manage lawyers and interns in respect of business and professional ethics.
Part Eight: Code for the relationship between lawyers and lawyers' associations
(六)其他与本条第(一)至第(五)项情况相似,且依据律师执业经验和行业常识能够判断的其他情形。
Article 97: Lawyers and law firms shall comply with the code and rules for the legal profession formulated by the lawyers' association. Lawyers and law firms shall have the rights and bear the obligations specified in the charter of the lawyers' association.
Article 98: Lawyers shall participate in and complete the lawyers' vocational study and assessments organised by the lawyers association.
律师和律师事务所发现存在上述情形的,应当告知委托人利益冲突的事实和可能产生的后果,由委托人决定是否建立或维持委托关系。委托人决定建立或维持委托关系的,应当签署知情同意书,表明当事人已经知悉存在利益冲突的基本事实和可能产生的法律后果,以及当事人明确同意与律师事务所及律师建立或维持委托关系。
Article 99: If a lawyer joins and becomes a member of an international lawyers' organisation or attends a meeting abroad as a PRC lawyer, he or she shall report the same to the domestic lawyers' association for the record.
Article 100: If a lawyer or law firm becomes a defendant in a criminal or civil case, or is investigated and penalised by an administrative authority, as the result of a practice act, he, she or it shall report the same in writing to the lawyers' association.
第五十二条 委托人知情并签署知情同意书以示豁免的,承办律师在办理案件的过程中应对各自委托人的案件信息予以保密,不得将与案件有关的信息披露给相对人的承办律师。
Article 101: A lawyer shall actively participate in the legal business research activities organised by the lawyers' association, complete the business research tasks assigned by the lawyers' association and participate in the public welfare activities organised by the lawyers' association.
Article 102: Lawyers shall duly handle disputes arising in their practice and perform the settlement agreements reached through mediation by the lawyers' association.
第五节 保管委托人财产
Article 103: A lawyer shall perform the handling decision rendered by the lawyers' association in respect of a practice dispute.
A lawyer shall perform the disciplinary decision rendered by the lawyers' association in accordance with laws, regulations, rules and the charter and rules of the lawyers' association.
第五十三条 律师事务所可以与委托人签订书面保管协议,妥善保管委托人财产,严格履行保管协议。
Article 104: A lawyer shall punctually pay his or her membership fees.
Part Nine: Supplementary provisions
第五十四条 律师事务所受委托保管委托人财产时,应当将委托人财产与律师事务所的财产、律师个人财产严格分离。
Article 105: If a lawyer or law firm breaches this Code, the lawyers' association shall impose sanctions in accordance with the Rules for Punishing Violations of Rules by Members of Lawyers' Associations and relevant regulatory documents of the profession.
Article 106: A local lawyers' association may formulate implementing rules based on this Code and taking into consideration the circumstances in its area. Such implementing regulations may not conflict with this Code and shall be implemented after being submitted to the All China Lawyers Association for the record.
第六节 转委托
Article 107: This Code shall be effective as of the date of issuance. This Code shall be revised by way of a bill of amendment; such bill of amendment shall be implemented on a trial basis after approval by the executive council and be officially implemented after approval by the council.
Article 108: The executive council of the All China Lawyers Association is in charge of interpreting this Code.
clp reference:1440/11.11.09prc reference:律发通﹝2011﹞35号promulgated:2011-11-09effective:2011-11-09第五十五条 未经委托人同意,律师事务所不得将委托人委托的法律事务转委托其他律师事务所办理。但在紧急情况下,为维护委托人的利益可以转委托,但应当及时告知委托人。
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