论我国的律师民事责任制度-民商法学专业论文.docxVIP

IV IV standards. The fault standard is not static, and must be developed with the development of the practice. With the trend of specialization is more obvious and the situation of layers’ special field more details, we can consider the average level within the lawyers industry d as the main criterion fault. Counsel to the parties or third party is mainly responsible for a high degree of attention to obligations and duty of loyalty. Against these two obligations shall be at fault, the faults’ specific circumstances can be divided into a high degree of attention to violations and breaching of duty of loyalty. Again, lawyers not only are responsible to the client, but also to the third party. but the range can’t infinite expand, and the range of compensation of lawyers should be limited from causal relationship. Otherwise, the heavy responsibility of lawyers may result in the legal profession difficult. The author believes that the responsibility of lawyers to the client, except in very rare cases only to comply with the composition of elements for responsibility. In most of cases should constitute coincidence of tortuous liability and liability for breach of contracts. But lawyers’ duty to third party suggests breaking the relativity theory of contracts, recognizing the responsibility of the lawyers to the third person, and it is characterized as a single tort liability. Finally, the problem of our country‘s lawyers is also outstanding on responsibility bears aspect. Such as the way of responsibility bears is too single, the scope of civil liability lawyers is not uniform in both theory and practice. The author believes that lawyers need to bear civil liability by compensation for damages liability based, supplemented by other responsibilities. Not only provides for compensation for damages, not matching with judicial practice. Lawyers should include the scope of civil liability for direct loss, indirect loss, damage the spirit of responsibility. In addition, lawyer