Font Size: a A A

Civil Liability Regime Of The Law Society Research

Posted on:2007-02-13Degree:MasterType:Thesis
Country:ChinaCandidate:H Y ZhangFull Text:PDF
GTID:2206360185984951Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Lawyer's civil liability is one of the basic content in lawyer system .When a licensed lawyer has caused the party's lost consequence during the process of dealing with legal affairs, he should be investigated for his lawyer's lawyer civil liability. In the relations of rights and obligations between lawyer and client or the relative third person, Lawyer civil liability plays a role in holding the balance, adjusts constantly the changeable relations of both sides directly.In 1996, "Lawyer's Law" established the civil liability for the first time. But, comparing with other fields in civil law, the study on the lawyer's civil liability seems to be too fragmentary and lacking the depth of theory. Its status allows of no optimism. This paper systematically discusses some important problems about it based on the fundamental theory of civil law.This paper discusses the lawyer's civil liability from four respects. Firstly, this paper discusses the meaning and property of the lawyer's civil liability. The lawyer civil liability refers to the legal responsibility to give the litigant compensation for the damage that is abused by the lawyer's illegal practice or his own fault during the process of offering legal service to the litigant after the lawyer accepts the entrustment of the litigant. In the legal relations of lawyer's compensation, the lawyer is the act body; the law office is the undertaking body of the liability; while the client and the third party in interest are the claimant for compensation. There are different views about the property of lawyer's civil liability. This paper agrees that it is the competing and shutting of liability for breach of contract and liability for tort.Secondly, this paper discusses the basic legal relation of the lawyer's civil liability. When clients and lawyer office have signed legal service contracts, lawyer begins his service.. There is a basic legal relation between lawyer office and clients before the beginning of the lawyer's civil liability, including the relation between lawyer and client, the relation between lawyer and the Suspect or defendant, and the relation between lawyer and his consultant client. Analyzing the basic legal relation objectively and defining the obligation of lawyer's legal service scientifically are the prerequisite and basis for the study of the lawyer's civil liability.
Keywords/Search Tags:lawyer's civil liability, liability of breach of contract, tortious liability, professional liability insurance, limited liability partner
PDF Full Text Request
Related items