Lawyers' Questions about Conflicts of Interest and Avoidance

In 20 17, all china lawyers association revised the all china lawyers association Lawyers' Practice Guidelines (hereinafter referred to as "Lawyers' Practice Guidelines"), and the fourth section of the guidelines (Articles 49 to 53) is all about examining conflicts of interest. Article 49 stipulates: "A law firm shall establish a conflict of interest review system. Before accepting the entrustment, the law firm shall conduct a conflict of interest review and make a decision on whether to accept the entrustment. "

This paper once again confirms the necessity of establishing a conflict of interest review system in law firms mentioned by the author at the beginning. Upon examination, if it is found that the lawyer handling entrusted affairs has an interest relationship or conflict of interest with the client, he shall not undertake business and shall voluntarily withdraw.

Extended data:

The frequency of the same law firm or the same lawyer appearing at the same time is four times, and the other three situations are also inseparable from the key of "same case", which also involves close relatives.

In these cases, the law firm can not accept the entrustment of the client, because the previous interest relationship between them is obvious. In the same case, two opposing stakeholders appear in a law firm at the same time, so it is difficult for two attorneys to keep the case information confidential and maximize the interests of the client.

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