A Research On The Parties-counsel Defence Conflict And Resolution Mechanism

The conflicts of defense between parties and counsel are frequently encountered bylawyers during the course of their practice. It is important for us to clarify the role oflawyers and the reason why they exist. First of all, lawyer is not the embodiment ofjustice. Lawyers bear the duty of loyalty to their principals. They are supposed tosafeguard the interests of their parties faithfully under the procedures and systemsprescribed by the law. The interests of the parties should be put in first priority whendealing with conflicts of defense. Conduct of the defense that is harmful to the interestsof the parties is absolutely not allowed. Secondly, China’s legal system provides thelawyer with an independent status of litigation. By analyzing the lawyer system ofAmerica and Germany, the independence of a lawyer should be limited to a scope wherethey are loyal to the interests of their parties first and foremost. This independence isabsolutely not an excuse to damage the interests of the parties, but to safeguard theirparties better. The understanding of the independence of lawyers is biased in our country.Ultimately, based on the above two points, as well as specific cases of the actualsituation of China’s legal environment, this paper suggests some tentative plans for ourresolution mechanisms of defense conflict.