Lawyers Practice Code of Conduct (Draft Revisions)

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The Chinese document below was computer transcribed from a jpeg image file and there are some errors as a result of this process. The English translation ignores these errors where the correct meaning is obvious. Please note any errors in the comments blow.

The document still lists only passage and revision dates from 2009 revisions, but there are a considerable number of new articles added. I cannot explain the failure to change dates, and am only posting the document as found online.

Chinese Title: 律师执业行为规范

(Reviewed and provisionally passed by the Nineth Executive Council of the All China Lawyers Association on March 20, 2004, and revised by the Second session of the seventh Council on December 27, 2009.)

Contents

Chapter I: General Provisions

Chapter II:Lawyers' Basic Practice Norms

Chapter III:Lawyers' Norms for Promoting Business

Section 1:The principles of business promotion

Section 2:Lawyers advertisements for promoting business

Section 3:Lawyers' publicity

Chapter IV:Regulation of the relationship between lawyer and client or parties.

Section 1:The principal-agent relationship

Section 2:Prohibition of false promises

Section 3:Prohibition against harming or illegally taking a client or party ' rights and interests

Section 4:Review for Conflict of Interests

Section 5:Safeguarding client assets

Section 6:Preserving client or party's secrets

Section 7:Delegating representation

Section 8:Lifting or ending the agency relationship

Chapter V:Standards for lawyers involved in litigation or arbitration

Section 1:Investigation and collection of evidence

Section 2:Complying with court or arbitral tribunal discipline

Section 3:Relationships and interactions with judicial personnel

Section 4:Language and Bearing at Court

Section 5:Objective, Just and Cautious Judicial Commentary

Chapter VI:Norms for Lawyers Relationships with Other Lawyers

Section 1:Respect and Cooperation

Section 2:Prohibition Against Unfair Competition

Chapter VII:Norms for Lawyers' Relationship with their Law Firm

Chapter VIII:Norms For Lawyers Relationship with Lawyers Associations

Chapter IX:Supplementary Provisions

 

 

Chapter I:General Provisions

Article 1: These norms are drafted on the basis of the "PRC Law on Lawyers" and "The Charter of the All China Lawyers Association" for the purpose of standardizing lawyers' professional conduct and safeguarding the rights and interest of the legal profession.

Article 2: The guidance of this lawyer's code of conduct is a professional standard for judging lawyers' professional conduct and is a self-binding conduct norm by lawyers.

Article 3: Where lawyers' professional conduct violates compulsory regulations of these norms, a punishment or admonishment shall be given in accordance with relevant normative documents. Lawyers shall exercise self-discipline in abiding by the discretionary regulations in these norms.

Article 4: These norms are applicable to the All China Lawyer's Association's lawyer and law firm membership, they are implemented by reference to law firm's other employees.

Chapter II:Lawyers' Basic Practice Norms

Article 5: Lawyers shall adhere to the professional responsibility and mission of socialist legal workers, support the Party's leadership, support socialism, be loyal to the motherland to the people, to the Constitution and laws and to their professional duties; steadfastly serving as builders and defenders of socialism with Chinese characteristics.

Article 6: Lawyers shall adhere to the tenet of serving the people, to providing clients with exceptional and effective legal services, loyally carrying out the duties of representation and defense, and striving to protect the lawful rights and interests of citizens, legal persons and other organizations. Conscientiously taking on social responsibility, earnestly performing the duty of legal aid, and actively launching public interest legal services.

Article 7: Lawyers shall be honest, show due diligence, follow the facts and law, protect the lawful rights and interests of clients, protect the correct implementation of the law, and protect social fairness and justice.

Article 8: Lawyers shall pay attention to current affairs, place emphasis on learning, cultivate good political and professional character and a good professional moral quality.

Article 9: Lawyers shall be prudent in their speech and actions, objective and fair in judicial commentary and use of the internet and media, protecting state secrets and clients commercial secrets and personal privacy.

Lawyers shall keep confidential clients' and other persons' circumstances and information learned during representation, which they do not wish revealed. However, there is an exception for facts and information regarding a client or other person's preparation or current engagement in crimes that endanger state security or public security, or seriously endanger the personal safety of others or their property.

Article 10: Lawyers shall establish normal relationships of mutual respect, mutual supervision, and positive interaction with judicial personnel, and respect discipline in courts and arbitral institutions, protecting order in courts and arbitral institutions, and jointly protecting the authority of the judiciary, and raising the credibility of the judiciary.

Article 11: Lawyers must not publish open letters, unite and instigate protests, encourage or assist the inflammation of public opinion, putting pressure on case-handling organs and influencing their handling of the case in accordance with law.

Article 12: Lawyers shall respect their colleagues, mutually assisting them, having fair competition, accepting cases in accordance with law, accepting reasonable fees, jointly protecting professional order and raising the level of professionalism.

Article 13: Lawyers in practice must not undertake legal services in a capacity other than as a lawyer; and must not initiate, participate in or support organizations or activities which are incompatible with the duties and identity of a lawyer, or influence lawyers' societal image.

Lawyers may only practice in one law firm.

Lawyers must not continue practice in the period for which they have received a penalty of stopping practice or during the period in which a law firm has been suspended for rectification or continue practicing under the original name being cancelled.

Article 14: Lawyers must not undertake representation of clients on both sides of the same case and must not undertake legal services where they or their close relatives have a conflict of interests.

Article 15: Lawyers serving as a member of the standing committee of a people's congress at any level must not take on a prosecution or defense matter during their period of service.

Article 16: Lawyers shall persist in self-respect, self-examination, self-vigilance and self-motivation; uphold the bottom line of morality, strict self- discipline, demonstrating respect for social morals, treasuring the dignity and respect of the profession, having solemn demeanor, an outgoing bearing, an even-handed attitude and civilized language, conscientiously protecting the reputation and positive image of the profession.

Article 17: Lawyers must not exhibit the following conduct:

(1) Conduct causing adverse social impacts, detrimental to the reputation of the legal profession ;

(2) conduct detrimental to national judicial and administrative organs lawful exercise of their powers;

(3) participating in prohibited institutions, organizations or community groups;

(4) other violations of laws,regulations, the lawyers association code of conduct or professional ethics.

(5) other violations of public morality, causing serious damage to the image of the legal profession.

Article 18: Lawyers shall make a complaint in accordance with methods prescribed by statute, or give feedback to the judicial administrative organs or lawyers association, regarding problems they feel exist in investigating [cases], bringing lawsuits, or conducting trials; Lawyers must not take actions inconsistent with their profession and identity as lawyers or that impact the reputation of the legal profession.

Chapter III:Lawyers' Norms for Promoting Business

Section 1:Principles for business promotion

Article 19: In promoting their practice, lawyers and law firms shall abide by the principles of equality and good faith, shall abide by lawyers' professional ethics and discipline, and shall abide by recognized industry standards and fair competition.

Article 20: Lawyers and law firms shall launch and promote their practice through paths raising their own character, raising the quality of legal services and strengthening the competitiveness of their practice.

Article 21: Lawyers and law firms may use advertisements to lawfully promote the firm or lawyers and their practice areas or strengths.

Article 22: Lawyers and law firms publicize their areas of expertise through activities such as publishing papers, case studies or topic notes; giving lectures or offering popular outreach legal education.

Article 23: Lawyers and law firms may publicize their professional strengths through organizing or attending all forms of symposia or discourse.

Article 24: Lawyers may participate in all types of public interest activities either in their own name or that of their law firm.

Article 25: Lawyers and law firms must not engage in acts of unfair competition while promoting their business.

Section 2: Advertisements promoting lawyers' business.

Article 26: Lawyers and law firms may publish information and advertisements letting the social public understand the legal services provided by the firm and its lawyers, to promote business.

Article 27: Lawyers publishing advertisements shall comply with national laws, regulations, rules, and this specification.

Article 28: Lawyers publishing advertisements shall be identifiable, the social public shall be sufficiently able to recognize that it is a lawyers advertisement.

Article 29: Lawyers advertisements may be published in the lawyer's own name or may also be published in the name of a law firm. Lawyers ads published in the name of an individual lawyer shall clearly note the name of the lawyer's practice organization , and shall clearly indicate the lawyers license number.

Article 30: Lawyers and law firms in any of the following situations, must not release a lawyers' advertisement.

(1) did not pass the annual assessment;

(2) during the period of punishment where practice has been stopped or suspended for rectification;

(3) it has been less than a year since receiving a criticism notice or public censure.

Article 31:The content of lawyers advertisements shall be limited to the lawyers name, image, age, gender, education, degrees, specialization, the date on which they became permitted to practice law, the name of the law firm where they practice, the period of their time as a lawyer in the firm, their fee standards, contact information, the scope of legal services they may provide, and practice achievements.

Article 32: The content of law firm's advertisements shall be limited to the name of the law firm, their location, telephone number, fax number, mailing adress, email and website; the lawyers association it belongs too, the lawyers practicing withing the firm, a brief introduction to the legal services they can provide to the public and practice accomplishments.

Article 33: Lawyers and law firms must not advertise in a style contrary to mission of lawyers or harmful to lawyers' image, and in creating advertisements must not adopt the artful exaggeration techniques used in ordinary commercial advertisements.

Article 34: Content violating the lawyers association's provisions related to advertisement management must not appear in lawyers advertisements.

Section 3:Lawyers' publicity

Article 35: Lawyers and law firms must not conduct publicity that distorts the truth or law, or might cause the public to have unreasonable expectations of lawyers.

Article 36:Lawyers and law firms may publicize certain areas in which they offer specialized legal services, but must not proclaim themselves or hint that they are commonly regarded or proven to be authorities or experts in that area.

Article 37: Lawyers and law firms must not conduct publicity comparing lawyers or law firms.

Chapter IV:Regulation of the relationship between lawyer and client or parties.

Section 1:The principal-agent relationship

Article 38: Lawyers shall discuss the scope, content, limitations, fees and duration of the representation with their clients, and after a common understanding has been achieved through discussion, the law firm and the client sign a representation agreement.

Article 39:Lawyers shall fully utilize their professional knowledge to follow the law and representation agreement in completing the representation and protecting the client or party's lawful rights and interests.

Article 40:Lawyers and their law firms have the right to select a plan for the realization of the client's goals, on the basis of legal provisions and justice as well as the lawyers' professional ethical standards.

Article 41:Lawyers shall strictly follow the legally provided times and effective periods, as well as times in the representations agreement, in handling the matter for which they were retained. A client's requests to learn of the circumstances of handling the case shall be promptly responded to.

Article 42:Lawyers shall establish practice archives, storing complete work records.

Article 43:Lawyers shall cautiously protect original documents, original items or recording masters provided by clients or parties , as well as other materials.

Article 44:After accepting a client, a lawyer shall develop a business plan that is within the confines of the authority entrusted to him/her by the client; the lawyer must not act outside the authority entrusted to him/her.

Article 45:After accepting a client, a lawyer must not refuse to defend or represent the client absent a proper reason, or otherwise terminate the client relationship. Where the represented matters are illegal or the client wants to use the lawyer's services to engage in illegal activities; where the client intentionally conceals or fabricates important facts related to the case or falsifies evidence; where the client fails to fulfill his/her obligations under the retainer agreement; where, during the course of the lawsuit, the client him/herself requests a change of defender/representative or rejects the defender/representative's defense or representation by responding to the lawsuit himself; where the lawyer is suffering from a severe illness, received an administrative punishment requiring the lawyer to cease its profession, or is permitted to refuse representation on another legal basis; [under all these situations,] the lawyer has the right to refuse representation or terminate the client relationship and has the right to obtain payment for services already rendered.

Article 46:Where, during the course of representation, insurmountable difficulties or risks appear or could appear, lawyers shall promptly inform the client and report to their law firm.

Section 2:Prohibition of false promises

Article 47:On the basis of the client's facts and evidence, lawyers conduct analysis based on the law and provide their clients with analytic opinions.

Article 48:Lawyers' defense and representation opinions that have not been accepted are not false promises.

Section 3: Prohibition on harming or illegally taking a client or parties right or interest.

Article 49: Lawyers and law firms must not use the convenience of providing legal services to seek parties' disputed rights or interests or to entice parties to have other economic or interest relationships with them.

Article 50:Lawyers and law firms must not illegally generate economic ties with their client's regarding their disputed rights and interests, must not arrange for the client to sell the subject of the dispute to them, and must not entrust others to buy or lease subjects of the client's dispute with another person on behalf of themselves or their relatives.

Article 51:In the course of representation in a lawsuit or arbitration, a lawyer must not instigate a party or related individual to use fictitious transactions as a means to transfer the subject of the dispute; and must not conceal the instant litigation or arbitration to raise a separate case or arbitration with the same subject and transfer the subject of the dispute; or, by colluding with parties of both sides in the separate litigation or arbitration, conspire to obtain an effective judgment finding certain facts and thus harming the lawful rights and interests of a party to the present case.

Article 52:Law firms may lawfully enter into agreements with a parties or clients in which a predetermined percentage of recovered money or items are used as attorney fees.

Section 4:Review for Conflict of Interests

Article 53:Law firms shall establish a system that reviews for conflicts of interest. Before accepting a representation, law firms shall conduct a conflict of interests review and make a decision whether it is able to accept the representation.

Article 54:When a lawyers handling a matter have an interest in, or a conflict of interest with, the client, they must not undertake that matter and shall voluntarily offer to withdraw.

Article 55:In any of the following situations, lawyers and law firms must not establish or continue a client relationship with a party:

(1) in legal practice where a law firm's lawyers serve as representatives to parties on both sides of a case, or lawyers or their families have a conflict of interests;

(2) where a lawyer handling litigation or non-litigation matters, or their close relatives, are the legally-designated representative or agent of the opposing party;

(3) where an employee of an administrative organ, an adjudicator, a procurator or an arbiter, who previously handled or tried a certain matter or cases, handles that matter or case again after becoming a lawyer;

(4) where different lawyers in the same law firm simultaneously serve as the victim's representative and the criminal suspect or defendant's defender in the same criminal case; except for where there is only one law firm in the county district and the parties' consent is obtained beforehand;

(5) where simultaneously serving as the defender of two or more criminal suspects or defendants in the same criminal case, or where another lawyer in the firm separately serves as the defender for different suspects or defendants in the same case and there is a conflict of interests, except where the duty to inform the client of the conflict of interests and its possible consequences has already been performed and the client still decides to establish or maintain a client with that law firm and lawyer;

(6) where, in a civil lawsuit, an administrative lawsuit, or in an arbitration, different lawyers from the same law firm simultaneously serve as representatives to the parties on both sides of the dispute; or where a law firm or its employee is a party to the suit and another lawyer in the firm serves as the representative of the opposing party;

(7) serving as a representative in an arbitration case where another lawyer in the firm is an arbitrator, or having conflicts of interest with a legally-designated representative in an arbitration case where one is serving as an arbitrator;

(8) where, in non-litigation matters, lawyers from the same law firm simultaneously serve as representatives to each of the mutually interested parties except for where the parties have jointly retained the law firm;

(9) where, after the client relationship has terminated, the same law firm or the same lawyer is retained by the opposing party in the case for follow-up hearings or other matters in the same case;

(10) Other situations similar to those found in subsections 1 through 9 of this Article, and situations where based on the lawyer's professional experience and common industry practices, he/she is able to determine that he/she should initiate withdrawal and must not handle the situation due to a conflict of interest.

Article 56:In any of the following situations, lawyers shall notify their clients and proactively withdraw unless the clients agree to their representation or continued handling of the matter:

(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;

(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;

(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;

(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来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;

(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;

(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。

Where lawyers and law firms discover the situations described above, they shall notify the client of the facts and possible consequences of the conflict of interests, and the client is to decide whether to establish or continue the retention. 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 57:Where clients understand the circumstances and sign a knowing consent document, the lawyer undertaking the case should preserve the confidentiality of all parties' case information as they handle the case, and must not disclose information related to the case to the other counterpart lawyers.

Section 5:Safeguarding client assets

Article 58:Law firms may sign written custodial storage agreements, to appropriately store clients' assets, and strictly perform on that custodial storage agreement.

Article 59:When law firms are entrusted with custodial storage of clients' assets, they shall strictly separate the clients' assets from the assets of the law firm and lawyers' individual assets.

Section 6:Protection of clients or parties secrets

Article 60:律师应当保守在执业中知悉的委托人或者当事人的秘密和隐私,未经委托人或者当事人的授权或者同意,在承办案件的过程中或者结束后,不得擅自披露、散布委托人或者当事人的商业秘密、个人隐私或者其他不愿泄露的情况和信息;不得违反不公开审理案件的规定,在承办案件的过程中或者结束后,对外披露、散布涉及当事人个人隐私、商业秘密的案情、庭审信息或者诉讼文书;不得以影响案件办理结果为目的,在开庭审理前或者案件审结前,擅自披露、散布案件重要信息、诉讼文书、证据材料、辩护、代理意见,或者向第三人泄露案卷信息。

Article 61:After lawyers' representation ends, they still have a duty of confidentiality.

Article 62:Other lawyers and support staff at the law firm also have a duty of confidentiality as to information they have learned regarding a representation.

Section 7:Delegating representation

Article 63:Without the consent of the client, law firms must not transfer the subject of the client's representation to another law firm. However, in an emergency situation, to protect the client's interests, the representation may be transferred, but the client shall be promptly informed.

Article 64:Where lawyers are unable to perform representation agreements due to emergency situations such as sudden contraction of an illness or work reallocation, they shall promptly report this to the law firm, and the law firm is to appoint new lawyers to continue and promptly inform the client.

Article 65: Without the consent of the client, the client's representation costs must not be increased due to a transfer of the representation.

Section 8:The release from or termination of an agency relationship

Article 66:In any of the following situations, law firms shall terminate the representation:

(1) The client submits a representation termination agreement;

(二〉律师受到吊销执业证书或者停止执业处罚的, 经过协商, 委托人不同意更换律师的:

(三〉当发现有本规范第五十条规定的利益冲突情形的;

(四〉受委托律师因健康状况不适合继续履行委托协议的, 经过协商, 委托人不同意更换律师的;

(五〉继续履行委托协议违反法律、法规、规章或者本规范的。

Article 67:有下列情形之一,经提示委托人不纠正的, 律师事务所可以解除委托协议:

(一〉委托人利用律师提供的法律服务从事违法犯罪活动的;

(二〉委托人要求律师完成无法实现或者不合理的目标的;

(三〉委托人没有履行委托合同义务的;

(四〉在事先无法预见的前提下, 律师向委托人提供法律服务将会给律师带来不合理的费用负担, 或给律师造成难以承受的、不合理的困难的;

(5) Other lawful reasons

Article 68:律师事务所依照本规范第五十八条、五十九条的规定终止代理或者解除委托的, 委托人与律师事务所协商解除协议的, 委托人单方终止委托代理协议的,律师事务所有权收取己提供服务部分的费用。

Article 69:律师事务所与委托人解除委托关系后, 应当退还当事人提供的资料原件、物证原物、视昕资料底版等证据, 并可以保留复印件存挡。

Chapter V:律师参与诉讼或仲裁规范第一节调查取证

Article 70:Lawyers shall investigate and collect evidence in accordance with law.

Article 71:Counsel must not submit evidence that is clearly known to be false to a judicial or arbitral institution.

Article 72:Where lawyers appear as a witness to testify in court, they must not accept a commission to appear in court as a defender or agent ad litem in that case.

Section 2:Complying with court or arbitral tribunal discipline

Article 73:Lawyers shall obey court and arbitration tribunal discipline, and following the times for court appearances, time limits for presenting evidence, times for submitting legal documents as well as other procedural rules; respect judges and arbiters, follow the instructions of judges and arbiters, and must not violate court or arbitration tribunal discipline by improper methods such as refusing to defend in court or withdrawing from court without permission, disrupting courtroom procedures, and disturbing the normal conduct of litigation or arbitration activities.

Article 74:Lawyers must not incite or instigate others to disrupt order in court or in an arbitration tribunal.

Article 75:Lawyers in courts or arbitration tribunals must not express, or direct or entice others to express, speech that disrupts the normal conduct of litigation or arbitration activities; and must not direct or entice clients to abuse their litigation rights to delay, obstruct or disrupt the normal conduct of litigation activities.

Article 76:Lawyers must not violate legal provisions during the investigation, prosecution or trial phases such as those on meeting clients, investigation, reading case files, or conducting a defense at trial, to disrupt the normal conduct of litigation activity.

Section 3:Relationships and interactions with judicial personnel

Article 77:律师在招揽案件和承办案件的过程中,不得主动向当事人提及与案件相关司法工作人员有亲朋、同学、师生、曾经同事等特殊关系。

Where judicial personnel responsible for handling a case introduce the case to a lawyer, the lawyer shall refuse it.

Where parties know that a lawyer has a special relationship with judicial personnel relevant to the case such as being friends or relatives, classmates, teacher or student, or former colleagues, and request that the lawyer use this special relationship to influence the case, the lawyer shall refuse.

Where relevant judicial organs have provisions restricting lawyers with special relationships handling cases, lawyers shall obey those provisions.

Article 78:There must be no interests between lawyers and judicial personnel handling the case, and the party must not be induced, hinted, or misled to have this type of relationship with the judicial personnel responsible for handling the case.

Article 79:Where in the course of practice, lawyers have contact with the people undertaking the case to exchange ideas, because the lawyers' opinions differ from those of the other side on issues such as the truth of case facts, validity of evidence, or the correct application of law, or for the purpose of submitting new evidence to the person undertaking the case, the contact shall occur in a forum inside the judicial organ.

Article 80: In the course of handling a case, lawyers must not undertake have private contact with judicial or arbitration personnel undertaking the case.

Article 81:Lawyers must not bribe personnel of judicial organs and arbitration establishments, must not use methods such as promising kickbacks or other benefits (including material benefits and non-material benefits) to carry out a trade with judicial or arbitration personnel.

Lawyers must not make introductions for bribery, or instigate or induce parties to give bribes.

Section 4:Trial bearing and language

Article 82:Lawyers serving as defense counsel or legally-designated representative in a trial or arbitration proceeding shall appear in court dressed in regulation court-appearance costume, wear the regulation court-appearance emblem, and pay attention to lawyers' professional image.

Article 83:Lawyers speaking at court or in an arbitration tribunal shall deport themselves with dignity and class, and use language that is civilized and appropriate.

Section 5:Objective, Just and Cautious Judicial Commentary

Article 84:Lawyers must not use methods such as making distorted, untrue or misleading commentary or publicity; releasing public letters, lining up and encouraging demonstrations, and encouraging and assisting the inflammation of public opinion; putting pressure on case-handling organs, disparaging, vilifying, defaming or slandering the reputation of case-handling organs or opposing parties, influencing the handling of the case in accordance with law.

Article 85:Lawyers shall be prudent in expressing comments on the internet or other media. They must not use the internet or other media to express radical or improper comments about cases or public matters, or express opinions attacking or vilifying China's judicial and political systems or the parties path directives and policies. They must not call on or unite others to create a public opinion blitz or pressure regarding a case they are undertaking, or organize or participate in online gatherings, spectating, expressions of support or other unbecoming methods of using the internet or other media, influencing the judicial organs's lawful trial of cases.

Chapter VI:Norms for Lawyers Relationships with Other Lawyers

Section 1:Respect and Cooperation

Article 86:Lawyers shall mutually assist and mutually respect each other.

Article 87:During court or in negotiations, the lawyers shall respect each other and not use sarcastic, ironic or humiliating language.

Article 88:Lawyers or law firms must not publish speech in public or on media that is malicious, derogatory, slanderous, or harmful to the reputations of peers.

Article 89:律师变更执业机构时应当维护委托人及原律师事务所的利益;律师事务所在接受转入律师时,不得损害原律师事务所的利益。

Article 90:Where disputes occur between lawyers and clients, the law firms' resolution plans shall fully respect the opinion of the lawyers themselves, and the lawyers shall accept the law firms' decisions on resolving the disputes.

Section 2:Prohibition Against Unfair Competition

Article 91:Lawyers and law firms must not employ unfair competition tactics in carrying out professional competition, harming other lawyers or law firms' reputations or other lawful rights and interests.

Article 92:Any of the following situations is unfair competitive conduct in lawyers' practice:

(1) slandering or defaming, other lawyers or law firms' reputation or good will;

(二〉无正当理由,以低于同地区同行业收费标准为条件争揽业务,或者采用承诺给予客户、中介人、推荐人回扣、馈赠金钱、财物或者其他利益等方式争揽业务;

(三〉故意在委托人与其代理律师之间制造纠纷;

(四〉向委托人明示或者暗示自己或者其属的律师事务所与司法机关、政府机关、社会团体及其工作人员具有特殊关系;

(五〉就法律服务结果或者诉讼结果作出虚假承诺;

(六〉明示或者暗示可以帮助委托人达到不正当目的,或者以不正当的方式、手段达到委托人的目的。

Article 93:律师和律师事务所在与行政机关、行业管理部门以及企业的接触中, 不得采用下列不正当手段与同行进行业务竞争:

(一〉通过与某机关、某部门、某行业对某一类的法律服务事务进行垄断的方式争揽业务;

(二〉限定委托人接受其指定的律师或者律师事务所提供法律服务, 限制其他律师或律师事务所正当的业务竞争。

Article 94:律师和律师事务所在与司法机

关及司法人员接触中,不得采用利用律师兼有的其他身份影响所承办业务正常处理和审理的手段进行业务竞争。

Article 95:Lawyers and law firms engaged in specific scope of legal services in accordance with relevant provisions, must not employ the following acts of unfair competition:

(一〉限制委托人接受经过法定机构认可的其他律师或律师事务所提供法律服务;

(二〉强制委托人接受其提供的或者由其指定的律师提供的法律服务;

(三〉对抵制上述行为的委托人拒绝、中断、拖延、削减必要的法律服务或者槛收费用。

Article 96:Lawyers or law firms must not employ the following means between them to eliminate fair competition from competitors:

(一〉串通抬高或者压低收费;

(二〉为争揽业务,不正当获取其他律师和律师事务所收费报价或者其他提供法律服务的条件;

(三〉泄露收费报价或者其他提供法律服务的条件等暂未公开的信息,损害相关律师事务所的合法权益。

Article 97:Lawyers and law firms must not confuse and mislead clients by using names, logos, text graphics, or marks that are publicly distinguished or better known, without authorization or illegally.

"Publicly distinguished or better known names" as used in these Norms, refers to:

(一〉有关政党、司法机关、行政机关、行业协会名称;

(二〉具有较高社会知名度的高等法学院校或者科研机构的名称;

(三〉为社会公众共知、具有较高知名度的非律师公众人物名称;

(四〉知名律师以及律师事务所名称。

Article 98:Lawyers and law firms must not fabricate or falsely use honorary titles for legal services. Use of honorary titles for lawyers or law firms that have already been received, shall not the time it was received and the period of validity. Lawyers and law firms must not alter honorary titles for use in advertisements or publicity. 律师事务所己撤销的,其原取得的荣誉称号不得继续使用。

Chapter VII:Norms for Lawyers Relationship with their Law Firm

Article 99:Law firms are the practice institution for lawyers. Law firms have the duty to educate, manage, and supervise lawyers practicing in the firm.

Article 100:律师事务所应当建立健全执业管理、利益冲突审查、重大、敏感案件、群体性案件集体讨论和报告备案、收费与财务管理、投诉查处、年度考核、档案管理、劳动合同管理等制度,对律师在执业活动中遵守职业道德、执业纪律的情况进行监督。

Article 101:Law firms shall safeguard the lawful rights and interests or lawyers and other staff in accordance with law, and provide necessary working conditions for lawyers' practice.

Article 102:Where lawyers take on business, law firms uniformly accept the representation and sign a retention contract with the client, and uniformly accept fees in accordance with national provisions.

Article 103: Lawyers and law firms must pay taxes according to law.

Article 104: Law firms shall regularly organize lawyers to carry out contemporary politics and practice classes, summarizing and communicating practice experience, to raise the level of lawyers' practice.

Article 105: 律师事务所应当认真指导申请律师执业实习人员实习, 如实出具实习鉴定材料和相关证明材料。

Article 106: Law firms must not engage in business activities other than legal services. 不得纵容或放任本所律师从事与律师职责、身份不符的经营性活动;或者纵容或放任本所律师发起、参与、支持与律师职责、身份不符、影响律师执业形象或社会形象的组织及其活动。

Article 107:Lawyers and law firms shall follow national provisions to perform legal aid obligations, provide legal services and protecting the lawful rights and interests of those receiving legal aid,

Article 108:Law firms must not appoint personnel who have not obtained Lawyers' practice certificates or lawyers who are in a period of practice suspension, to provide legal services as a lawyer.

Article 109:Law firms shall employ measures to stop or remedy mistakes by lawyers support personnel that they have appointed to handle matters, and shall bear responsibility.

Article 110:Law firms have an obligation to conduct management of lawyers and applicant legal practice interns in terms of areas such as business and professional ethics.

Chapter VIII:Norms for lawyers relationships with lawyers associations

Article 111:Lawyers and lawfirms shall obey legal practice norms and rules made by lawyers associations. Lawyers and law firms enjoy the rights provided in the charter of the lawyers associations, and bear the obligations provided for in the charters of lawyers associations.

Article 112:Lawyers shall participate in and complete legal practice business classes and evaluations organized by the lawyers associations.

Article 113:律师参加国际性律师组织并成为其会员的, 以及以中国律师身份参加境外会议等活动的,应当报律师协会备案。

Article 114:Where lawyers and law firms become criminal or civil defendants as a result of practice activities, or are subject to investigation and punishment by an administrative organ, it shall be reported to the lawyers association in writing.

Article 115:Lawyers shall actively participate in legal practice research activities organized by lawyers associations, complete research tasks arranged by lawyers associations, and participate in public interest activities organized by the lawyers associations.

Article 116:Lawyers shall appropriately handle disputes occurring in legal practice, and perform on mediation agreements reached through mediation by the lawyers associations.

Article 117:Lawyers shall implement Lawyers Associations' decisions on the disposition of legal practice disputes.

Lawyers shall perform on disciplinary decisions made the lawyers associations in accordance with laws, regulations, rules and the lawyers associations' charter and rules.

Article 118:Lawyers shall pay their dues on time.

Chapter IX: Supplementary Provisions

Article 119:When lawyers and law firms violate this "code", the lawyers associations shall enforce sanctions according to the "Lawyers Associations Provisions on Punishment of Members' Violations" and other related professional normative documents.

Article 120:地方律师协会可以依据本规范,结合本地区’情况制定实施细则。 Those implementation regulations must not conflict with these Norms, and are to be implemented after being reported for filing to the All China Lawyers Association.

Article 121:These Norms come into force on the date of promulgation. 本规范以修正案的方式进行修改, 修正案自常务理事会通过后试行,理事会通过后正式实施。

Article 122:These Norms are interpreted by the Executive Board of the All China Lawyers Association.

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4 Comments

  1. Hi,

    I just translated Article 50 and had some trouble with the first half. Could someone look it over and let me know if it is correct? Thanks!

    Hugs,
    snuggles

  2. Hi,

    I had a lot of difficulty with Article 51 – especially the second clause (或者隐瞒现行诉讼或仲裁,就同一争议标的或事实另行提起诉讼或仲裁而转移争议标的). If someone could check it out, I would appreciate. Also, I wasn’t 100% sure what the precise English definition of “争议标的” was – I went with subject of the dispute. But that might not capture it.

    Thanks!

    Hugs,
    Snuggles

  3. Article 55(9). I had a little trouble with 在同一案件后续审理或者处理中, especially the 处理. I translated it sort of as a noun to keep the parallelism: for follow-up hearings or other matters in the same case – but this might not be technically correct. Thanks! Snuggles!

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