| Since 1979, China has resumed the system of modern law.After thirty years of development and improvements, the Professional Orientation of lawyers are also gradually close to the Western countries'system:the lawyers are positioned as a freelance. Lawyers use their professional knowledge and skills to defend the client, and the client is willing to allow lawyers as protectors of their rights. With the closer relationship between the two, how to maintain this contractual relationship? There is a basic problem that requires attention:the exchange of information during the existence of the contractual relationship. Because of the existence of information asymmetry, lawyers occupy the relative information advantage; therefore, lawyers need to undertake the obligations of disclosure by appropriate regulations, and this arrangement has great significance of maintaining a relationship of trust between them. This paper analyses the causes of the national moderate the duty of the lawyers, and describes the principles of law and the extent of the disclosure, and finally offers proposals in improving the disclosure obligations of the lawyers in china from the subjective and objective aspects.This article includes introduction, body and conclusion, in which the body has four chapters:Chapterâ… introduces the defines the study range of the paper within the contractual relationship between lawyer and client. It introduces the lawyer's role at different times of the obligations of lawyers and discusses the duty of lawyers maintaining client interest, and then analyses the lawyer's status and role in this contractual relationship, and its impact in disclosure obligations of lawyers.Chapterâ…¡analyzes the internal and external counsel on the reason for commitment to the client information disclosure obligations. From the external point of view, the natural asymmetry of information likely causes the adverse selection and moral hazard problems; from the internal point of view, conflict of interest is the issue that the lawyers must face during the process, and it is the reason that lawyers are sometimes reluctant to disclose for information. Therefore, lawyers must be emphasized on the commitment to information disclosure obligations.Chapterâ…¢is the focus of this paper. The services between the lawyers and clients not only have the product attributes, but also the public property. So the state must pass the regulations of disclosure obligation of lawyers in the form of legislation. This chapter emphasizes on the principles and extent of information disclosure, and proposes a combination of factors which affect the information disclosure combined with the specific circumstances of the process agent.Chapter IV narrates the introduction and development of disclosure obligations.Then it analyzes the problems of our system from an empirical point of view.The defects of the ethics of lawyers in the education market, the market environment and regulatory mechanism are analyzed emphatically. The analysis of the previous three chapters provides a perfect idea of attorney client information disclosure system, and the United States has the advanced experience in that regard. Consequently, this paper proposes three areas should be strengthened and puts forward specific proposals in the process of improvement of information disclosure system. |
