Specification Of The Bar Of Conflict Of Interest

Conflicts of interest of lawyers are core questions in professional ethics and practice code of rules. Countries have perfect lawyer system drew up detailed rules of conflicts of interests. In China, the construction of lawyer system is in the initial stage. There are lots of blanks in legislation in this field.Although the cases of interests conflicts always happen, lawyers and law firm do not pay enough attention to them. In academic, the studies of interest conflicts are very elementary and the studies of the practice of China's interest conflicts of lawyers are few. This paper is about the rule interest conflicts of lawyers. This paper elaborated the concept, identification, inference, shield and regulation of interest conflicts. The condition and defects of rules of interest conflicts of China are also proposed in this paper. At last, the author makes some suggestion of completing China's rules of interest of conflicts.This paper has four chapters except the introduction and conclusion.Chapter one is about the concept, feature, theoretical basis and classification of interest conflicts of lawyers. This chapter helps reader understand interest conflicts of lawyers as a whole.Chapter two analyses the identification, inference, shield and regulation of interest conflicts. It concludes every link of interest conflicts. The related rules in and< Restatement of Law governing Lawyers> of American are also in this chapter. American is the country having most complete lawyer system. The study of rules of American can help our country to design appropriate rules ourselves.Chapter three introduces rules of interest conflicts of China. Author indicates some problems of insurance organ, punishment organ, and rules. These problems are very necessary to settle in order to make more effective rules.Chapter four is the core of this paper. In this chapter, author has some advices of conducting a complete rule of interest conflicts. Theses advices include insurance organ, form, identification and punishment of rules of interest conflicts.