Research On The Regulation Of Conflict Of Interest In Lawyer Practice

In April 2019,Lin Xiaoqing of Beijing Dacheng(Xining)law firm was charged with two charges of fraud and extortion by the inspection authorities in the course of his practice,It has been controversial until lawyer Lin Xiaoqing was withdrawn from prosecution by the procuratorial organ,which is still the focus of many lawyers’ attention.This case is a typical case about lawyer’s professional ethics.The law has the safeguard stipulation to the lawyer’s practice right.The definition of lawyer’s practice and crime lies in the legitimacy of its practice activity itself.As Lin Xiaoqing is accused by the prosecution,he will directly push the practice of lawyer into fear.Since the legitimacy of the practice itself has become an important factor in determining the legitimacy of the lawyer’s practice,then,what kind of situation will make the lawyer’s practice against the law,what kind of situation will cause the lawyer to face the conflict of interest,what kind of activity lawyer can provide,what kind of activity lawyer should avoid,and other issues need to be effectively determined.The core content of lawyer’s professional ethics and code of practice is the conflict of interest.With the diversification of social interest subjects and the complexity of economic communication,all kinds of transactions are more and more complex,and the subjects are more and more complex.Today’s lawyers often encounter large-scale mergers and acquisitions,mergers and bankruptcies in the course of their practice,and there are all kinds of creditor,debtor and financial situations,and there are potential conflicts of interest everywhere.However,the issue of conflict of interest has not received special attention in the legal field,and the absence of relevant legislation is relatively serious.The inadequate conflict of interest rules lead to the loss of behavior criterion in the practice activities of lawyers.On the one hand,lawyers lose the restriction on their scope of practice activities,on the other hand,they always worry about whether their behaviors will violate the law.Therefore,the regulation of conflict of interest needs to be improved on the issue of whether the lawyer’s practice can maintain objectivity.To sum up,this paper will be discussed in the following parts:First,under the guidance of the relevant literature review,this paper expounds the concept,characteristics,classification and definition of the conflicts of interest in the practice of lawyers,and establishes the principles of "taking the client as the center","reasonable doubt" and "minimum harm" that should be followed in the conflicts of interest.Secondly,it puts forward some problems existing in the conflicts of interest in the practice of lawyers in China,such as "insufficient combination of theory and practice","confusion of lawyers on the identification and disposal of conflicts of interest","lack of punishment for violations by the Law Association","lack of attention to conflicts of interest by law firms",and analyzes the causes,discusses the nature of conflicts of interest,and the traditional legal culture of China has a strong influence on the conflicts of interest The impact of conflict of interest regulation,as well as the overall situation of China’s lawyer industry on the conflict of interest rules.Third,from the legislation,the legal association,the law firm three aspects of our country lawyer practice interest conflict regulation carries on the analysis.Fourth,it analyzes the regulation of foreign lawyers’ conflicts of interest.It includes the analysis of the system of American Bar Association,Scottish Bar Association,England Wales Bar Association,Northern Ireland Bar Association and other institutions,as well as the analysis of the setting of foreign bar supervision institutions such as "solicitors Regulation Authority(SRA)".Fifth,drawing on the excellent system design of foreign countries and combining with the experience of dealing with cases of conflict of interest in lawyer’s practice in China,this paper puts forward feasible Suggestions for perfecting the norms of conflict of interest in lawyer’s practice in China.