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On Conflict Of Interest In Practice Of Lawyers

Posted on:2008-10-20Degree:MasterType:Thesis
Country:ChinaCandidate:H D YuFull Text:PDF
GTID:2166360212493153Subject:Law
Abstract/Summary:PDF Full Text Request
Lawyers are confronted with unavoidable conflict of interest in practice due to their professional responsibilities and the special relations with their clients. Conflicts of interest are complicated and complex, with various types between different parties concerned, displaying in varied forms and occurring at different stages. These conflicts may also result in risk damages of diverse degrees and can be avoided in different ways. The lawyer system of western countries has established comparatively clear and definite regulations on these conflicts. However, like regulations in our countries are still insufficient, which has been an obstruction to the further development of our lawyer system. This paper first discusses the concept of conflict of interest, and then analyzes the types of conflicts, the principles to evade conflicts, the exemption of conflicts and the inference of conflict rules by referring to " The American Bar Association's Model Rules of Professional Conduct ( 2004) ". Finally, suggestions on how to improve our systemare offered.
Keywords/Search Tags:conflict of interest in practice, voidance, system exemption, rule of presumption
PDF Full Text Request
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