Research Of Lawyers' Professional Liability

Lawyers′professional liability means that an appropriate of civil liability shall be borne ,if lawyers invade the liability of the client or the thirty party due to their fault. At the present time, theoretical research and the legislative exploration is not perfect about this kind of liability system, the name about this system is not quite similar. The name of Lawyers′professional liability has been approved by law circles.In the first place, adherence to the analytic of concepts with regard to lawyers′professional liability, considering fundamentals of law of lawyers'professional liability, this article reach a conclusion that professional obligation intersexuality have nature of contract and tort, through the research of comparative jurisprudence, lawyer is both liable for breach of contract and breach of tort if he violate the this obligation. If we concede that overlap of lawyers'professional liability. On the one hand, this can strengthen lawyers'confidence and on the other this is propitious to protection of the interest of client. In term of lawyers'duty for the third part, we should take the protection of Infringement Law is applicable. Secondly, this article has carefully investigated definite of lawyers'professional liability, the theory of principle of culpability and construction of liability at the base of research core concept of lawyers professional liability, getting rid of some theoreis that don't protect disadvantaged groups,.At last, through the research of comparative jurisprudence, combining with judicial practice of our country. It is quite necessary to distribute part of the lawyer's civil liability to the society , in order to establish the system of passing risk about lawyers'professional liability in our country, this article bring out two ways of establishing lawyers'liability insurance system and professional compensation fund.