| As an important legal profession,lawyers provide legal services to clients with their own professional skills and safeguard the legitimate rights and interests of clients.In terms of the principal-agent relationship,a lawyer is the defender of the client’s rights and interests,and both sides of the principal-agent also have common interests.In the case of loss of direct or indirect interests of the client,the client complained to the supervisory department or even brought the attorney to the court,requiring the attorney to bear the liability for breach of contract.Such phenomena frequently occur and are thought-provoking.Based on this,the article retrieves a large number of relevant judgments and conducts case studies according to the current legal norm system and related theoretical foundations,and strives to analyze the identification of lawyers’ breach of contract and the attribution of responsibility through similar case studies,and seeks the legal theory and current legal norms for lawyers’ breach of contract liability issues.Consensus and contradictions,and put forward targeted legal suggestions on relevant difficult issues,in order to better standardize the practice of attorneys,improve the level of social legal services,smooth the channels for clients to safeguard their rights,and promote the realization of social fairness and justice.Judging from the 119 sample cases retrieved and screened,courts at all levels and localities do not have uniform standards in the determination of breach of contract by agency,the determination of client losses,the scope of lawyers’ liability for breach of contract,and the allocation of burden of proof,and there are certain contradictions in the judgment results.Disputes in these sample cases mainly focus on the determination of the breach of contract,the determination of the client’s loss of interests,the scope of the attorney’s liability for breach of contract,and the distribution of the burden of proof.It should be noted that the breach of contract in the text refers to the breach of contract by the attorney in handling the client’s related affairs,and the liability refers to the liability for damages that the attorney should bear to the client who abides by the contract due to the breach of contract. |
