Conflicts Of Interest And Regulations In Lawyers' Practice

In this article, conflicts of interest in lawyers' practice and its regulations are taken as object of study.Conflicts of interest are complicated ,with various types between different parties concerned, which display in various forms and occur at different stages. There are corresponding regulations according to different conflicts of interest. Conflicts of interest in lawyers' practice are a core problem for lawyers' professional ethics and code of conduct. rules of professional conduct for lawyers are an important part. It is an important part for the rules how to adjust conflicts of interest. How to effectively identify and deal with issues on conflicts of interest is important matters for law firms to carry out day-to-day management. There are more specific and comprehensive provisions for conflicts of interest in the course of lawyers' practice in the lawyer system of Western countries. However, such provisions in China are insufficient which can't meet the development of legal profession industry in our country.The article first discusses the concept of conflicts of interest in lawyers' practice, and then analyses the types of conflicts of interest and describes the regulation of conflicts of interest in order to effectively prevent and deal with conflicts of interest. finally suggestions to improve conflicts of interest are put forward.Besides preface and conclusion, the article is divided into four parts.Part I: An overview of conflicts of interest in lawyers' practice. Characteristics of conflicts of interest are concluded by inciting the definition on conflicts of interest in the United States .Then the impact of conflicts of interest are discussed after obligations of confidentiality and loyalty by illustration.Part II: The type of conflict of interest of lawyers' practice. According to different classification criteria, this section will be divided into two types of conflicts of interest in which focuses on the lawyer-client conflict of interest between the client and between clients and conflicts of interest, a detailed analysis of a conflicts of interest at the same time and continuous conflicts of interest.Part III: Regulation of conflicts of interest in lawyers' practice. Regulations on conflict of interest are analyzed Separately from the self-discipline law firm, self-government of Bar Association and regulations by law to complement each other to better prevent and deal with conflicts of interest.Part IV: China's current situation and improvement of conflicts of interest in lawyers' practice. In this section, an analysis of our country about the conflict of interest provisions as well as the exiting defects. Recommendations to improve provisions on conflict of interest in our country are put forward.Lawyer business has developed rapidly, growing into all areas of society, the role of society has been strengthened at the same time lawyer industry has also exposed more and more question of conflicts of interest. From a long-term and broader perspective, there is conflicts of interest which may corrupt lawyer's professional ethics, and shake the foundation of client relationships, thereby affecting the effective function of the judicial system. On the other hand, conflicts of interest in such a complicated situation make any lawyers and law firms in the absence of guidance to identify and avoid all possible conflicts of interest. Therefore, It is of a very important practical significance to make a set of relatively complete specification for prevention and management of conflicts of interest.In this article, conflicts of interest in lawyers' practice are described through reference of foreign provisions on conflicts of interest in lawyers' practice mainly in comparison and giving example for analysis method.