Solution Of Lawyer's Expert Liability

Lawyer's expert liability is an important part of the lawyer system. The establishment and consummate of this system has an important meaning for safeguarding the legitimate rights and interests of the parties, embodying the function of lawyer. This paper based on the cases in the bulletin of the supreme people's court and the review of judicatory cases as the research sample, to discuss the properties of lawyer expert liability,the imputation principle, and the range of loss compensation. For rationally defining the limits of lawyer's expert liability, perfecting our country's lawyer experts liability legislation. The main body of the thesis is divided into five parts:Chapter one gives a basic investigation of the cases about lawyer's expert liability, introducing the basic situation of the cases in the bulletin of the supreme people's court and the review of judicatory cases.Chapter two is mainly about the outline of the lawyer's expert liability. Mainly discusses the definition, the nature and the historical evolution of lawyer's expert liability. This paper argues that the lawyer's expert liability refers to the civil liability to give the litigant or the third party in interest a civil compensation for the damage caused by the lawyer's own negligence during the course of offering legal service. The law firm shall bear responsibility for compensation, and after paying compensation, the law firm may claim recovery from the lawyer who acted negligence. As for the nature, the author prefers to treat the lawyer's expert liability as the overlap of the liability for breach of the contract and the liability for tort which offers the victims the right to choose a favorable way to protect themselves.Chapter three is mainly about the explanation for the article 54 of lawyer law. In this section, the author will compare Taiwan lawyer law with the article 54 of mainland China lawyer law, analyzed the differences of constitutive requirements of the lawyer's expert liability. According to our country's judicial interpretation and practice, the subject of responsibility, the negligence and compensate for the losses of the lawyer's expert liability were discussed.Chapter four is mainly about the lawful structure of the lawyer's expert liability. This paper argues that the subject of the lawyer's expert liability is law firm, the subject of right besides the client outside still including the interrelated third party. The cognizance of lawyer expert's negligence on three main types: firstly, lawyer experts practice in violation of the provisions of laws; secondly, in violation of a lawyer's practice rules; thirdly, in violation of the service contract between the parties agreed. The compensation for the lawyer's expert liability should be limited, the losses range in litigation shall compensate for the losses includes: firstly, the improper litigation behavior led to spending; secondly, the losses caused by a lawyer negligence led to the lawsuit should be established, however, is not established. For the range of compensation could apply to the reasonable contemplation test. The lawyer should undertake responsibility for properly foresee the losses occurred. In addition, the mental damage compensation also must strict recognition.Chapter five raises suggestions on the system of lawyer expert's perfection. This section is mainly about three aspects of perfect way: perfecting our country's law of lawyer expert's liability, establishing lawyer compensation fund and insurance system and determining compensation procedures, perfecting the professional conduct of the lawyers.