Research On Application Of Professional Ethics Standars For Lawyers

In recent years,cases of lawyers being punished for violating professional ethics norms have emerged one after another,and lawyers’ professional ethics are constantly facing new challenges.At present,the application of professional ethics standards for lawyers in China is generally relatively lenient,with a certain degree of passivity and closeness.There is a "dual combination" management model of judicial administrative agencies and bar associations in the supervision of lawyers and law firms.The current ethical standards for lawyers lack corresponding regulations on whether lawyers can invest externally,whether introduction fees can be charged for introducing cases between lawyers,and how to prevent conflicts of interest risks when transferring lawyers.There is no clear unified information dissemination platform for the punishment results of lawyers and law firms,and there is no clear recognition of lawyers’ interference with litigation behavior,as well as the correct implementation of the law centered on the interests of clients in criminal defense The Conflict of Values in Maintaining Social Fairness and Justice.Therefore,corresponding ethical norms should be supplemented and improved.The investment behavior of lawyers should not be uniformly prohibited,but it should be clearly prohibited for lawyers to establish new law firms through various methods such as sole proprietorship,joint venture with others,or entrusted shareholding.It should be clear that lawyers can charge referral fees for introducing cases to each other,and it should be clear that lawyers must end all their work at the original law firm before transferring to other law firms,Alternatively,it is explicitly stipulated that the law firm that intends to approve the transfer of a lawyer must first review whether the case handled by the lawyer has a conflict of interest with the cases handled by other lawyers in the firm and make a commitment to eliminate the risk of conflict of interest before proceeding with the transfer procedures.When punishing lawyers and law firms,the punishment results should be actively disclosed and corresponding information release platforms should be unified.For acts of "repeated misconduct" or "multiple misconduct",strict punishment should be imposed.It is necessary to impose certain restrictions on the consequences of lawyers interfering with litigation,and those who do not make the litigation process impossible should not be punished under the name of "interfering with litigation".In selecting the value of criminal defense,the interests of the client should be the center,and priority should be given to fulfilling the obligation of loyalty to the client.