Research Of Lawyers’ Professional Responsibility

With the rapid progress of social development and the refinement of the social division and the fast of information spreading,the lawyers in society show that their demand is gradually rising. As a result, there should be a perfect relief approach about the loss caused by lawyers when they are practising, which means it’s necessary to build and improve the system of lawyers’professional responsibility on the basis of existing civil law system. It is reported that the number of lawsuits about the lawyers’ expert responsibilities is growing rapidly. However, there are still many problems about the system of lawyer’s professional responsibility because the shortcomings are existed in our country’s related legislation and the research of theory is still non-systematic.Lawyer expert liability refers that the lawyers with qualified certificate, in the process of a lawyer’s practice, do not fulfill the duty of care of a lawyer, duty of loyalty and obligation to keep confidential, which should bear a special responsibility when they cause the losses. Holding responsibility for lawyer’s misconduct aims at maintaining steady trust relationship between lawyers and clients which is very important.In the lawyer’s practice, the trust relation comes from the clients’ respect and the approval for lawyers’professional skills, practising requirement and credibility.The nature of lawyers’expert responsibility has always been the focus of the scholars’debates in China. Now the existing mainstream theories in our country include the liability for breach of contract, tort liability and liability concurrence and independent professional responsibility. Because of the profession and particularity and complexity in lawyers’ practice and qualitative and universality of involved reasonable trust people, we should consider fully the feature of lawyers’ professional responsibility and the application of the particular case. When discussing the character of the law experts should fully consider the law experts liability of these features and the application of the case. In conclusion, in my opinion, it’s appropriate to define the nature of lawyer’s expert responsibility as tort liability basing on the analysis of concept of expert responsibility and the pros and cons of various theories.Lawyer expert liability imputation principle is applicable to fault imputation principle, because the lawyer which is as an expert in law, in the process of practice,they have high attention duty, fiduciary duty and confidential duty. If they fail to their obligation so that the clients’ legitimate interest are damaged, the related lawyers should bear the responsibility. The main significance of defining lawyers’ expert responsibility is that when the damages are caused by misconduct, the lawyer should how to take responsibility.We discuss widespread and the thoroughly the lawyers’ professional responsibility in the article. Hoping that my article can provide some valuable advice and exploration in the legislation of lawyers’ exper responsibility, in order to build and perfect the system of lawyers’exper responsibility. It is not only to encourage the vigorous development of lawyering in China and act international standard, but also is the necessity of building a socialist nation ruling by law, it is necessary for building socialist society under the rule of law in China.