Legal Service Contract Case Analysis About Chen Gang Sue Yongyi Law Firm

With the rapid development of legal services, the parties sued cases increasing in a law firm. The lawyer’s civil liability refers to the lawyer provide clients with legal services in the process of practice illegal or due to the fault of their own losses to a party, and shall bear the civil compensation from the legal responsibility after accepting authorization. In compensation for legal relations, a lawyer is the behavior main body and a law firm is the main responsibility of lawyer civil liability, the principal or a third person having an interest is the applicant for lawyer civil compensation.According to Contract Law article406of the act, the legal service contract of civil liability for breach of contract by four elements, namely, fault, breach, damages and causality between breach and damage to the facts. Lawyers provide a legal service is based on the legal service contract signed by the client and the law firm, there is a foundation based on the contract between the parties of the legal relationship. Fault is the core of the civil liability concept, in order to complete and correctly grasp the law of civil liability for breach of contract, to pursue the lawyer must be in-depth, detailed fault problem. Through in-depth analysis of the fault, lawyers in practice need to bear the main duty:in the process of law as a legal experts have to burden the reasonable duty of care, based on obligation as a result of the third person trust, the trustee’s duty of loyalty, etc. At the same time, If a debtor is based on the different reasons and for the same creditors have the same pay for the underlying debt, then it’s formed between the defendant and the other debtor a not really joint and several liability. To avoid for the final responsible cause significant loss fair as a result, the victim’s lawsuit against those responsible, applying the viewpoints of "charges respectively, case management" can avoid the final responsible persons shall be separately charged. About the ascertainment of the range of damage compensation, the mainstream views of our country civil legislation is to adopt the principle of full compensation, but based on encouraging transactions, control risk and avoid the unfair result of consideration, the lawyer’s liability to pay compensation range has to be predictability rules, operation risk and earnings multiple factors restricted within a certain reasonable limits. Conceived by setting up not really joint and several liability system and statutory penalty due to breach of contract, to provide effective reference for specification and clear the behavior and responsibility of related main body, balance the unequal status of parties, improving the existing compensation system in the judicial practice.