Scope Of The Specialist's Liability Of Lawyers

Experts as a separate group in society, them have the professional knowledge and skills. To become an expert, has complex requirements and procedure. In the course of practice, experts obtain much trust from the clients and the third party. Law required them bear the liability, which is higher than ordinary people, we call it the specialist′s liability. Lawyers meet the experts′features, which are listed above, so them belong to the group of experts , also should bear the specialist′s liability.It is very few articles about lawyers′liability in China's law. In the "Lawyers ' Law", there is only an article relating to the specialist′s liability of lawyers. This article is too simple, when identifying the civil liability of lawyers, it is lack of operability and exist contradictions within the system. which is bad join with other laws and regulations. In the "Securities Law" and the relational judicial interpretation from the Supreme People's Court, just very few articles about the specialist′s liability of lawyers. Therefore, in China's laws and regulations, lack of articles about the specialist′s liability of lawyers.After defined the concept of experts and the specialist′s liability, demonstrate that lawyers belong to the group of experts, them should bear the specialist′s liability of lawyers.This paper from three areas talk about the specialist′s liability of lawyers, combined with the liability of composition and imputation, etc.. Regard to the scope of their counterpart, the scope of their misconduct during law service, the scope of their duty. I think that lawyers should bear the specialist′s liability for the principal and the third party, which within a reasonable limit. when decide the scope of his misconduct, I think we must adopt the principle of fault liability. After demonstrate what used to determining and affecting fault, I propose a moderate standard. Based on trust and the balance between the interests of the contracting parties, this obligation is from the profession and law. The misconduct is likely to cause loss, which is not limited to material or economic loss, but also may include mental damage. I think that the"loss"is the loss, I talk about the causality in the scope of liability and the types of loss, for example, the direct loss, indirect loss, mental damage, pure economic loss, loss of opportunity. Finally, I conclude all of them can compensation, but should restrict the scope of them in many ways.It is very useful to set up and perfect the system of the specialist′s liability of lawyers. And can make lawyer protect the partys′legitimate rights and interests,improve the legal system and development of this career.