The Attorney's Fiduciary Duty

As an expert,while the attorney provides legal services to the client,there is the possibility of abusing the entrusted power to harm the rights and interests of the client.The legal system of fiduciary duty established by the British Equity Law can effectively supervise the behavior of the fiduciary.As the attorney's unilateral obligation to the client,the fiduciary duty is an important legal system for adjusting the relationship between the attorney and the client,which is also one of the indispensable professional ethics in the common law countries for the attorney.Although some rules of the fiduciary duty can be seen in the laws and codes of practice in China,it has not yet formed a relatively complete theoretical system.What is more regrettable that in the entire legal professional education and even in the practice of attorney,the theory of fiduciary duty is rarely discussed and studied.In order to emphasize the necessity of introducing this theory into China,the author attempts to discuss the theory of fiduciary duty and its content at a certain level,and also makes a rough analysis of the implementation of fiduciary duty and of its causes in China.On the basis of the above,the author tries to find the solutions to improve the professional ethics system of attorney in China.