Lawyer’s Duty Of Loyalty

At present,China’s law has entered a period of vigorous development.The number of lawyers has increased significantly,and the lawyer industry has made great progress.However,the core part of the lawyer system-lawyer professional ethics has not received corresponding attention and construction.The main reason is inseparable from the change of the identity of the defense lawyer-the defense lawyer has changed from a national legal worker to a legal service person,and the service objects are suspect and defendants.It can be said that the duty of loyalty of the defense lawyer is determined by the status and nature of the defense lawyer: the defense lawyer should take safeguarding the interests of the suspect and the defendant as the defense goal,and achieve the defense purpose as much as possible by using his professional knowledge and skills.Studying the loyalty obligation of defense lawyers from the perspective of the parties is conducive to better maintain the trust relationship between the defense lawyers and the parties and promote the realization of effective defense system;From the perspective of the defense lawyer,it is also beneficial to promote the resolution of the contradiction between the defense lawyer and the client,and even to avoid the risks and traps that the defense lawyer may face;From the perspective of social fairness and justice,the study of the content of loyalty obligation is also to guide and solve the related issues such as the defense lawyers’ better play to other obligations,thus promoting the correct implementation of the law,maintaining social justice and the protection of human rights.This paper mainly divides the lawyer’s loyalty obligation into two aspects: positive and negative.At present,the norms of the lawyer’s loyalty obligation in China are still not perfect and concrete.In the positive aspect of the lawyer’s loyalty obligation,there are problems of the lawyer’s service slack and excessive loyalty.Therefore,it is necessary to clarify and emphasize the basic content and boundary of the loyalty obligation.The problems in the negative aspects of lawyers’ loyalty obligations mainly come from the difficult swings and choices of lawyers in the face of various basic obligations,mainly manifested in the subjective and objective limitations of lawyers’ loyalty obligations.In this regard,we should give lawyers the privilege of exemption from testimony and establish procedural rules that conform to the law of fact determination of the crime of perjury by lawyers.This is not only to safeguard the legitimate rights and interests of the parties and realize effective defense,but also to protect the rights and interests of lawyers and promote the correct exercise of lawyers’ rights.Finally,in order to better promote the performance of the duty of loyalty,discuss the responsibilities that lawyers need to face to fulfill the duty of loyalty,and put forward many problems in the current provisions and practice of the duty of lawyers and put forward suggestions for improvement.The analysis and discussion are mainly carried out from two perspectives.First,the legal liability.The lack of legal provisions and the punitive legal provisions for the lawyer group are not conducive to the correct exercise of lawyers’ rights,and should be adjusted and supplemented;Another point is put forward at the level of professional ethics responsibility.The quality of the lawyer group needs to be improved as a whole and the disciplinary system needs to be reconstructed.