律师执业利益冲突问题研究诉讼法学专业毕业论文.docx

PAGE PAGE 1 2 2 Abstract The issue of interest conflict is an unavoidable problem in a lawyer’s career, and is also an important part in a lawyer’s occupation standard. Interest conflicts are existed everywhere in today’s world, especially for the occupation of lawyer, and interest conflicts are more serious because of the characteristics of lawyer. Thus, to strengthen the norms of interest conflicts on the occupation of lawyer is quite important and necessary. This thesis is divided into four parts, except for introduction and conclusion, which is totally 30 thousand characters. Part one introduces the producing of lawyer’s conflicts of interest. One of the major reasons is the contradictions between lawyer’s self interest and his responsibilities. As a lawyer he should loyal to his client, and make his best to protect his client’s legal rights; but lawyer is also a reasonable business man, and he tends to pursue the most profits for himself. These two contradictions can not be mediated which lead to the production of interest conflicts. Besides, the situation of information dissymmetric between a lawyer and his client makes the lawyer occupies a more advantage position, which may be used by the lawyer to damage legal rights of his client. Part two mainly describes the conflict of interest existed in the criminal lawsuit. Different lawyers of the same law firm represent for several defendants in the same case at the same time, because of the conflicts among different defendants that their secrets could be easily spread among different lawyers, besides, the law firm may abundant some of its clients so as to pursuit its internets. According to the code of lawyer occupational behavior that it is forbidden for the plaintiff of an incidental civil action and its defendant hire lawyers from the same firm, except when there is only one law firm in the local place. However in reality this code is not be obeyed; conflicts connected with lawyer himself contain two situati