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TABLE OF CONTENTS CHAPTER I GENERAL PROVISIONS CHAPTER II PROFESSIONAL ETHICS OF LAWYERS Section 1 Basic Rules Section 2 Duty of Practice CHAPTER III PRECONDITION OF PRACTICE CHAPTER IV PRACTICING ORGANIZATIONS CHAPTER V ESTABLISHMENT OF ENTRUSTMENT RELATIONSHIP Section 1 Basic Requirements for the Entrustment Section 2 Scope of Power to Accept the Entrustment Section 3 Prohibition of False Commitments Section 4 Prohibition of Illegally Seeking the Interests from Clients Section 5 Conflicts of Interests and Challenge Section 6 Preservation of the Property of the Clients Section 7 Re-entrustment CHAPTER VI CRITERIONS FOR THE CHARGING OF LAWYERS FEES CHAPTER VII TERMINATION OF THE ENTRUSTMENT RELATIONSHIP CHAPTER VIII POPULARIZATION OF PRACTICE Section 1 Principles for Popularization of Practice Section 2 Criterions for Lawyer¡¯s Advertisements Section 3 Criterions for Publicity of Lawyers CHAPTER IX BEHAVIOR CRITERIONS FOR THE RELATIONS BETWEEN LAWYERS Section 1 Respect and Cooperation Section 2 Prohibition of Unfair Competition CHAPTER X BEHAVIOR CRITERIONS FOR LAWYERS IN LITIGATION AND ARBITRATION Section 1 Criterions for Investigation and Evidence Collection Section 2 Criterions for Appearance in Court Hearing Section 3 Criterions for Postures and Languages Section 4 Cautiousness of Judicial Remarks Section 5 Respect to Courts and Normative Contact with the Judicial Personnel CHAPTER XI BEHAVIOR CRITERIONS FOR RELATIONS BETWEEN LAWYERS AND THE LAWYERS ADMINISTRATION INSTITUTIONS OR VOCATIONAL ADMINISTRATION INSTITUTIONS CHAPTER XII PUNISHMENT ON PRACTICE CHAPTER XIII SUPPLEMENTARY PROVISIONS CHAPTER I GENERAL PROVISIONS Article 1. A Lawyer is a professional, who has acquired practicing qualification and a lawyer's practicing certificate and provides legal service to the clients. The practicing right of a lawyer comes from the provisions of law and the authorization of the clients. In his practice, a lawyer shall follow the provisions of law and the requirements of criterions for practice of lawyers, and provide legal services for the clients within the scope of authority and power entrusted by the clients. Article 2. The Behavior Criterions for the Practice of Lawyers (hereinafter referred to the "Criterions") are formulated in accordance with the Law of the People's Republic of China on Lawyers and the "Constitution of Lawyers Association" of the All China Lawyers Association. Article 3. The present Criterions are the guidelines for guiding the lawyers' practicing acts, and the standards for judging whether a lawyer's practicing act corresponds with the professional requirements for lawyers, and the basis for imposing punishment on lawyers or law firms that violate regulations. Article 4. The present Criterions shall be applicable to all the member law firms and lawyers of All China Lawyers Association. Article 5. Law firms and lawyers shall understand, judge and implement the present Criterions with good culture of professional ethics and goodwill. CHAPTER II PROFESSIONAL ETHICS OF LAWYERS Section 1 Basic Rules Article 6. Lawyers shall be loyal to the Constitution and law. Article 7. Lawyers shall be honest and faithful, diligent and devoted to their duties, and protect the interests of the clients, safeguard the dignity of law, and maintain fairness and justice of the society according to law. Article 8. Lawyers shall pay attention to professional culture, prize and maintain the professional reputation of lawyers, bind the words and deeds of themselves both inside and outside the profession according to laws and regulations and the generally accepted ethics, so as to influence and strengthen conviction and observance of legal authority by the general public. Article 9. Lawyers shall keep state secrets, commercial secrets of the clients and the privacy of individuals. Article 10. Lawyers shall make great efforts to study business intensively and improve the level of practice continuously. Article 11. A lawyer shall respect other lawyers, and compete with them fairly and help other lawyers. Article 12. Lawyers shall concern themselves about and actively take part in public welfare undertaking. Article 13. Lawyers shall abide by the articles of association of lawyers association, and perform the duty of a member. Section 2 Duty of Practice Article 14. A lawyer may not practice in two or more law firms. In case a lawyer practices concurrently in a law firm and another legal service institution, he/she shall be deemed as practicing in two law firms. A lawyer shall not be considered violating the preceding provisions under the circumstance that another law firm is invited to take part in the handling of issues in a special field, and the law firm where the lawyer is practicing has stipulated in writing with the invited law firm that the legal consequence shall be borne by the former law firm, and has notified the clients. Article 15. When providing legal service, a lawyer shall think and judge independently and professionally, and shall be careful and responsible. Article 16. No lawyer may make any commitment to any client on the result of judgment of a case. In case a lawyer is making certain judgment on a certain case according to facts and law, he/she shall state to the clients that the judgment is only personal opinion. Article 17. When providing legal service, a lawyer shall not only take the law into account, but shall also consider ethics, economy, society, politics and other factors relevant to the status of a client. Article 18. When providing legal service, a lawyer shall treat the clients, witnesses, judicial officials, and the relevant personnel with solemnity, patience and courtesy. Article 19. In his/her practice, a lawyer may not commit or assist or induce others to undertake the following acts: (1) Acts that have bad social influence; (2) Deceptive or fraudulent acts; (3) Acts obstructing the exertion of power of the state judicial bodies or administrative departments; (4) Acts declaring or implying that he/she has some kind of ability, which may improperly lead to the alteration of the already determined opinions of state judicial bodies or administrative departments; (5) Acts of assisting or instigating the judicial officials or administrators or arbitrators to violate the law. Article 20. No lawyer may accept entrustment privately to handle legal affairs, nor shall he/she privately charge fees from the clients, additional remunerations or money or things of value or other interests that may occur. Article 21. A lawyer who once served as a judge or procurator may not act as an agent ad litem or defender within two years after leaving his post in the people's court or the people's procuratorate. Article 22. No law firm may assign a person who is not a lawyer to provide legal service in the name of a lawyer or in other disguised forms. No law firm may provide any convenience for a person of the law firm who is not a lawyer but provides legal service in the name of a lawyer or in other disguised forms. CHAPTER III PRECONDITION OF PRACTICE Article 23. For his/her practice, a lawyer shall have the effective practicing certificate of a lawyer, which is issued by the administrative department of justice. The practicing certificate of a lawyer is the only certificate for practice of a lawyer. Article 24. A lawyer shall receive the pre-post training prescribed by the lawyers association before he/she practices. Article 25. Lawyers shall take an oath for practice arranged by the local lawyers associations, the oath for practice is part of the present Criterions, and is the solemn commitment of a lawyer to undertake professional obligations. The oath of a lawyer for his practice shall be: I am willing to join the lawyers group, and to be a lawyer of the People's Republic of China and a member of All China Lawyers Association. I will be loyal to the Constitution and law, strictly implement the Lawyers Law, abide by the Constitution of Lawyers Association, perform duties of a lawyer, strictly observe the lawyers' professional ethics, work hard and diligently, and make diligent efforts to maintain the accurate implementation of law, and safeguard the dignity of law. CHAPTER IV PRACTICING ORGANIZATIONS Article 26. A law firm is the institution where lawyers practice. Article 27. The practice of lawyers shall be subject to the management and supervision of their law firms. Article 28. A law firm shall establish and improve internal control systems such as personnel, finance, business operation, and charges, etc.. Article 29. A law firm shall sign engagement contract with the practicing lawyers and other staff members of the firm and pay the unemployment insurance premiums, old-age insurance premiums, medical treatment and social security insurance and housing accumulative funds, and other social security expenses of the lawyers and other staff members of the firm according to the facts and on time. Article 30. Law firms shall pay taxes according to law. Article 31. A law firm shall, in accordance with the articles of association, arrange the lawyers to carry out business, study laws and state policies, and summarize and exchange work experiences. Article 32. Law firms shall not invest in and establish companies to directly participate in commercial operational activities. Article 33. No law firm may permit or give tacit consent to a lawyer of the firm, who is given a punishment of stopping practice, to continue to undertake business activities of a lawyer in the name of a lawyer. Article 34. No law firm may take ways including issuing or providing recommendations, documents used specially by a lawyer, or receipts, etc., to provide convenience for the illegal practice of a person who has not acquired the practicing certificate of a lawyer or of lawyers of other law firms. Article 35. No lawyer may offer bribes to judges, procurators or arbitrators, nor may anyone offer any material or non-material interests to the relevant personnel for undertaking a case in advance or afterwards. Article 36. No lawyers may refuse to perform or default on performing duties of legal aid or other legal services of public welfare, which are assigned by the relevant state organs or lawyers association. Article 37. Where a lawyer wants to work in another practicing institution, he/she shall go through formalities for changing of a law firm prescribed. Article 38. Where after a lawyer leaves his/her former law firm and practices in another law firm, he/she may not do any harm to the interests of the former law firm, and shall abide by the commitment he/she has made to the law firm for keeping commercial secrets, and may not provide legal service to the clients, to whom the former law firm is providing legal service. Article 39. The law firm that accepts the lawyer who has once practiced in another law firm shall pay attention to eliminating the factor of unfair competition when accepting the said lawyer, and may not require, give tacit consent to or assist the said lawyer to conduct any act that may do harm to the interests of the law firm where the lawyer has once practiced. Article 40. A lawyer shall, when undertaking the entrusted legal affairs, report in time the encountered difficulties and risks, which can not be overcome, to the law firm. Article 41. In case there is any dispute between a lawyer and his/her client, the lawyer shall accept the solution of the law firm. Article 42. In case a lawyer has caused damage to his/her law firm due to his/her own faults in practice, the law firm shall have the right to investigate the liabilities of the lawyer. Article 43. A lawyer shall take measures to prevent or give remedy to the mistakes of the auxiliary personnel who handle affairs by his/her assignment, and shall undertake liabilities. Article 44. A Law firm shall have the duty to establish regulations, systems and the effective management measures of the law firm for the purpose of regulating its own practicing acts and supervising lawyers over their faithful observance of behavior criterions for practice of lawyers. Article 45. A law firm shall have the duty to supervise over the practicing acts of the lawyers of the firm, and shall be responsible for intervening and giving remedy to acts of lawyers in violation of regulations. Article 46. A law firm shall have the duty to give guidance to and supervise over the lawyers, apprentice lawyers, assistant lawyers, legal interns, administrators, and other auxiliary personnel concerning lawyers profession and professional ethics. CHAPTER V ESTABLISHMENT OF ENTRUSTMENT RELATIONSHIP Article 47. A lawyer shall discuss with the clients the scope, contents, power, cost of and time limit for the entrusted matters, and reach an agreement through negotiation. And then the law firm shall sign the entrustment agreement with the clients or shall get the confirmation of the clients. Article 48. Lawyers shall notify the clients of the possible legal risk of the matters to be entrusted cautiously, honestly, and objectively. Section 1 Basic Requirements for the Entrustment Article 49. Lawyers shall make full use of their professional knowledge to complete the matters entrusted to them according to law and protect the interests of the clients. Article 50. Lawyers shall have the right to choose ways that can realize the aim of the clients according to the requirements of law and the moral standards. Article 51. Lawyers shall handle the entrusted matters strictly in accordance with the term and prescription prescribed by law and the time agreed on with the clients. Article 52. Lawyers shall establish business archives of lawyer, and keep the whole business records. Article 53. Lawyers shall keep cautiously the evidences and other legal documents provided by the clients to ensure that they shall not suffer any loss. Article 54. Lawyers shall give replies to the clients in time upon their requirements for knowing the conditions of the entrusted matters. Article 55. Lawyers shall defend or represent the entrusting party within the scope of entrustment. Where a special entrustment is needed, a written confirmation of the clients shall be obtained in advance. Article 56. No law firms, lawyers or other auxiliary personnel may disclose any commercial secret or privacy of any client, nor shall they disclose any other information of the client that they know during the course of handling the legal affairs of the client, unless under circumstance such as the lawyers believe that the keeping of secret may fail to prevent the occurrence of personal injuries or death and other serious crimes in time or may seriously damage the state interests. Article 57. Lawyers may make known the information that the clients agree to disclose by entrustment. Article 58. Where during the course of acting as an agent to represent the clients, a lawyer is involved in the criminal acts of the clients innocently, he/she may open the relevant information of the clients to protect the legal rights and interests of himself/herself. Article 59. A lawyer shall still have the duty for keeping secrets after completing the work of acting as an agent to represent the clients. Section 2 Scope of Power to Accept the Entrustment Article 60. A lawyer may only carry out practicing activities within the scope of power being entrusted, no one may go beyond the scope of entrustment. Article 61. When carrying out the entrusted legal affairs, a lawyer shall notify the clients in time in case he finds that the power vested by the clients cannot meet the requirements, and he may only handle the legal affairs within the scope of entrustment before the approval of the clients or before going through the relevant formalities for authorization and entrustment. Article 62. A Lawyer shall clearly stipulate the scope of entrustment in such two aspects as the procedural law and the substantive law with the client when accepting entrustment. If the scope of entrustment is not clear, the lawyer shall point it out initiatively. Article 63. A lawyer shall notify the client in time after completing the entrusted legal affairs within the scope of entrustment. No lawyer may carry out activities in the name of the entrusted party after he/she has terminated the entrustment relationship with the clients. Article 64. No lawyer may accept concurrently the entrustment of and handle legal affairs for the other party who has conflict of interests with the client without the approval of the client. Article 65. After accepting the entrustment, a lawyer may not, without justifiable reasons, refuse to perform duties stipulated in the agreement, or refuse to defend or to represent the clients without reason. Section 3 Prohibition of False Commitments Article 66. No lawyer may mislead the clients for the purpose of establishing entrustment relationship. Article 67. No lawyer may make false commitments to clients for the purpose of seeking for the business of agent or defender, nor may he/she make any commitments not conforming to the facts or in violation of law provisions after accepting the entrustment. Article 68. A Lawyer acting as a defender in a criminal case shall present, on the basis of facts and law, materials and arguments to prove that the criminal suspect is innocent or is less guilty than charged, or that the criminal liability of the suspect should be reduced or relieved. Where the arguments and evidences of the criminal case is not sufficient enough to deny the accusation of committing a crime, the lawyer may not promise the suspect that he is sure to be adjudicated as innocent after justification. Article 69. Lawyers shall, after making analysis on the case according to law on the basis of facts and evidences provided by the clients, put forward predicable or analytic conclusive opinions to the clients, but shall pay attention to avoiding false commitment. Article 70. In case a lawyer puts forward right opinions on the case, in which he/she defends or represents according to law, but the opinions fail to be adopted, or the analytic opinions of the lawyer in advance fail to be realized due to the judgment that is made by perverting the law, the opinions of the lawyer shall not be deemed as false commitments. Article 71. Where the entrusted matters or requirements of a client are those prohibited by law or criterions for practice of lawyers, a lawyer shall notify the client and propose suggestions for amendments or refuse him. Section 4 Prohibition of Illegally Seeking the Interests from Clients Article 72. No Lawyer or law firm may seek the interests from any client illegally by making use of the convenience for providing legal service. Article 73. Except charging legal services fees according to the relevant provisions, a lawyer may not have any economic connection with the clients on the rights and interests in dispute, nor may he/she stipulate with the client to sell the object in dispute to himself/herself after winning the case, or entrust others to purchase or lease the litigation object in the dispute between the client and other people for himself/herself or his/her relatives. Article 74. No lawyer may seek for properties from the clients, nor may he/she obtain other economic interests going against the clients. Article 75. No lawyer may, without the consent of the client, seek for the interests that will do harm to the client by making use of the information he/she gets when providing legal service to the client. Section 5 Conflicts of Interests and Challenge Article 76. The conflict of interests shall refer to the conflict in the interests between the entrusted matters of the same law firm and the clients of other entrusted matters of the firm, which may directly influence the interests of relevant clients if the firm continues to act as an agent to represent the client. Article 77. Before accepting an entrustment, a lawyer and his/her law firm shall investigate into and verify the conflict of interests. No entrustment relationship may be established until there is no conflict of interests between the clients. Article 78. Where a lawyer who has accepted the entrustment of a client knows that the lawyer engaged by the opposite party of the litigation or the party having conflict of interests with his/her client is his close relative or other interested person, he/she shall withdraw, unless the two clients have signed and issued a letter of exemption. Article 79. Where a lawyer, after accepting the entrustment, knows that the lawyer retained by the opposite party of the litigation or by the party of conflict interests is his/her close relative or other interested parties, he/she shall notify the client clearly in time. If the client demurs, the lawyer shall withdraw. Article 80. Where after accepting the entrustment, a lawyer finds that the opposite party of the litigation or the party having conflict interests has retained other lawyer of the same law firm, the lawyers of the two parties shall terminate the entrustment relationship of one party through negotiation. If they cannot reach an agreement through negotiation, the lawyer who signs the contract later with the client or the lawyer of the party who has not paid a retaining fee shall terminate the entrustment relationship with the client. Article 81. Where a lawyer has acted as an agent to represent one party in the preceding legal affair, he/she shall not accept the entrustment of the opposite party who has conflict of interests with the former client to handle the same legal affair, even after the cancellation or termination of the entrustment relationship, unless the former client agrees upon it in writing. Article 82. Where a lawyer has ever acted as an agent to represent one party in the preceding legal affair, he/she shall not use the relevant information, which comes from the preceding legal affair and which goes against the former clients in the same or similar legal affair afterwards, unless the former client gives permission, or there are sufficient evidences to prove that these information is publicly known. Article 83. Where a client wants to retain a lawyer to handle the legal affair, which has been handled by the lawyer when he/she serves as a government official or a judicial personnel or an arbitrator, the lawyer and his/her law firm shall withdraw. Section 6 Preservation of the Property of the Clients Article 84. Lawyers shall preserve the property involved in the entrusted matters properly and shall not embezzle or encroach it. Article 85. Where a law firm preserves the property of a client by entrustment, it shall separate the property of the clients with that of the law firm strictly. The funds of the client shall be kept in an independent account of the law firm in the financial institutions with good credit at the place where the law firm is located, or shall be kept in a bank account opened separately designated by the client. A written confirmation of the client shall be obtained for preserving other properties of the client. Article 86. Where a client asks for returning of his property preserved by a law firm upon entrustment, the law firm shall ask the client to provide written certificate for taking back the property, and put on archives the agreement for preserving the property by entrustment and the certificate for receiving the property submitted by the client. Article 87. Where a law firm keeps the funds or other property paid or delivered by the clients or by the third party upon entrustment, the lawyers shall notify the clients in writing in time, even if the written announcement issued by the client exempts the duty of the lawyers to inform, the lawyers shall still send the bill for preserving the property periodically. Section 7 Re-entrustment Article 88. No lawyer may re-entrust others to handle the legal affairs a client entrusts him/her to do without the approval of the client. Article 89. Where after accepting the entrustment, a lawyer suffers from illness, change of job, and other conditions, and shall be substituted, he/she shall notify the client in time. If the client agrees to alter the lawyer, the lawyer shall transfer the documents to other lawyers in time, and shall go through the relevant formalities at the law firm. Article 90. No lawyer shall increase the economic burden of a client due to the re-entrustment without the approval of the client. CHAPTER VI CRITERIONS FOR THE CHARGING OF LAWYERS FEES Article 91. The retaining fee shall be properly charged. Law firms and lawyers shall properly charge fees in accordance with the relevant provisions of the administrative departments of the state and the lawyers association. Article 92. A lawyer shall take into account the following reasonable factors when charging fees: (1) The time£¬difficulty£¬and innovation contained for undertaking the legal service, and the required techniques, etc.; (2) The risk that will obviously obstruct the lawyer from carrying out other work if the engagement is accepted; (3) The amount of fees ordinarily charged for the similar legal service in the same area; (4) The amount of money involved in the entrusted matters and the anticipated reasonable result; (5) The time limit for the legal service put forward by the clients or imposed due to the objective environment; (6) The experiences, reputation, professional level and ability of the lawyer; (7) Whether the charge standard and the way of payment are fixed or have been attached with any condition; and (8) Reasonable cost. Article 93. The ways of charging lawyers fees shall be determined according to state provisions or through negotiation between the law firm and the clients, and shall take ways including charging by the hour, fixed charges, and charging on the basis of object pro rata. A lawyer may use the preceding several ways concurrently in one entrusted matter, or use other ways not prohibited by law. Article 94. In case the fees are charged by the hour, a lawyer shall provide the bill of work record upon the request of the client. Article 95. A law firm shall stipulate in the entrustment contract such matters concerning the charge of fees including the charging ways, charging standards, and ways of payment, etc.. Article 96. Where a lawyer charges lawyers fees on the basis of the litigation result or other result of the legal service, he/she shall stipulate the amount of the charges and the ways of payment in an agreement, which shall specify the contents of legal service upon which fees should be computed and charged, the standards and ways for computation and payment of the fees, including the influences of different results such as compromise, mediation or judgment on the computation and payment of fees, and whether the necessary expenditure in the litigation has been included in the risk commission, etc.. Article 97. No lawyer or law firm may propose to charge fees on the basis of the litigation result to the clients in such cases concerning the payment for support of parents and grandparents, supporting fees, expenses of bringing up children, and clients in criminal cases in any reason or by any way, unless the parties so propose. Article 98. No lawyer may handle a case or charge fees privately. The clients shall pay the fees directly to the law firm where the lawyer practices, no lawyer may charge fees from the client directly. Where a client entrusts a lawyer to pay fees on his/her behalf, the lawyer shall turn in the fees he/she collects as an agent to the law firm in time. Article 99. No lawyer may ask for or seek for additional remunerations or benefits other than the legal service fees charged prescribed. Article 100. The legal service fees charged by a law firm shall not be used within the prescribed items and scope of expenditure until it has been reckoned in the account book. Article 101. No law firm shall issue informal receipt to clients for charging lawyers fees. Article 102. The following fees shall be paid by the clients additionally: (1) Fees charged by the departments of justice, administration, arbitration, appraisal and notarization, etc.; (2) Reasonable communication fees, copying fees, translation fees, traffic and board and lodging expenses; (3) The fees for the experts reasoning approved by the clients; and (4) Other fees the clients agree to pay. Article 103. Lawyers shall follow the principle of frugality to properly use the fees that should be borne by the clients other than the retaining fees. Article 104. Where a law firm terminates the entrustment agreement due to justifiable reason, it shall have the right to charge the fees for the part of legal affairs having been completed. Article 105. Where a client terminates the entrustment agreement due to justifiable reasons, the law firm shall have the right to charge the fees for the part of legal affairs having been completed. Article 106. In case a client terminates the entrustment agreement unilaterally, he/she shall pay the retaining fees stipulated. CHAPTER VII TERMINATION OF THE ENTRUSTMENT RELATIONSHIP Article 107. Where in his handling of the entrusted matters, a lawyer has any of the following circumstances, the law firm shall terminate his work as an agent to represent the clients: (1) Termination of the entrustment through negotiation with the client; (2) The practicing qualification being cancelled or suspended; (3) Occurring of conflict of interests which can not be overcome; (4) The lawyer is not suitable for acting as an attorney due to poor health; and (5) His/her continuing acting as an agent to represent the clients will violate laws or criterions for practice of lawyers. Article 108. When terminating the entrustment, a law firm shall try its best not to influence the legal rights and interests of the clients. Article 109. A lawyer shall, when terminating the entrustment, give a notice to the clients as soon as possible in advance. The law firm may assign another lawyer to continue to handle the matters entrusted upon the approval of the clients, or else it shall terminate the entrustment agreement. Article 110. A lawyer may refuse to defend or represent a client under the following circumstances: (1) The client undertakes criminal activities by taking advantage of the legal service provided by the lawyer; (2) The clients persist in seeking the aim unable to be realized or the unreasonable aim believed by the lawyer; (3) The client fails to perform the duty of the entrustment contract to a certain extent and have been urged reasonably; (4) Under the pre-condition that cannot be anticipated beforehand, if a lawyer provides legal service to the client, it will bring about unreasonable burden of expenses to the lawyer, or will lead to unbearable and unreasonable difficulty to the lawyer; (5) The evidences provided by the clients have no authenticity, relevancy and legality, or are suspected of perjury by the departments of justice after examination; and (6) Other legal reasons. Article 111. Where there occurs a circumstance under which a lawyer may refuse to defend or represent a client after accepting the entrustment, he/she shall explain the reason to the client, and urge the client to accept the advice of the lawyer, and correct the reasons that lead to the refusal of the lawyer to defend or represent the client. Article 112. Before the termination of an entrustment relationship, a lawyer shall take reasonable and feasible measures to protect the interests of the clients, for example, notifying the clients in time so that they may retain other lawyers in sufficient time, take back the originals of the documents and recover the fees paid in advance. Article 113. Where an entrustment relationship terminates due to refusal of defending or representing a client, a lawyer may keep the photocopy of the documents of legal affairs relating to the client. CHAPTER VIII POPULARIZATION OF PRACTICE Section 1 Principles for Popularization of Practice Article 114. When popularizing lawyers' business, lawyers and law firms shall follow the principle of equity and good faith, abide by the professional ethics and practicing disciplines of lawyers, observe the vocational criterions accepted in the legal service market and lawyers vocation, compete fairly, and prohibit acts of unfair competition. Article 115. Lawyers and law firms shall popularize and carry out lawyers' business through ways such as making efforts to improve their comprehensive quality, improving the quality of legal service, and strengthening their business competition ability. Article 116. No lawyer or law firm may obtain the opportunity for providing legal service onerously by way of promising to honor any material interests or non-material interests to the agent or recommender. Article 117. Lawyers may introduce their own business fields and professional specialty by way of brief introduction, etc.. Article 118. Lawyers may publish academic papers, case analyses, answers to special topics, and school teaching, etc. to popularize laws and introduce their own professional fields. Article 119. Lawyers may hold or take part in various proseminars on special topics or specialty to recommend their own specialty. Article 120. Lawyers may take part in various public welfare activities in their own names or in the name of a law firm, and join in the various public organizations established according to law. Article 121. No lawyer may, when popularizing business, provide false information or exaggerate his/her own professional ability, nor may any lawyer declare or imply that they have any special relationship with the relevant organs of justice or administration, or preach down the professional ability and level of other lawyers, or undertake business by ways such as providing or promising to provide return commission, or competing for certain legal business by charging fees at a level obviously lower than that of the same vocation. Section 2 Criterions for Lawyer's Advertisements Article 122. The lawyer's advertisement shall refer to the releasing of information by lawyers and law firms and the process of such act for the purposes of popularization of business and the obtaining of entrustment to let the public know the legal service business of lawyers themselves and the law firms. Article 123. The lawyer's advertisements shall correspond with the state laws and regulations and the present Criterions, and follow the principle of truthfulness, preciseness and moderation. Article 124. The lawyer's advertisements shall be identifiable, and shall enable the general public to distinguish that they are lawyer's advertisements. Article 125. A lawyer's advertisement shall be publicized in the name of a lawyer himself/herself, or may be publicized in the name of a law firm. Where a lawyer's advertisement is publicized in the name of the lawyer himself/herself, the name of the practicing institution of the individual lawyer shall be indicated. Article 126. No lawyer or law firm may release lawyer's advertisements under the following circumstances: (1) Failing to pass the annual examination and registration; (2) Being given the punishment of suspension of practice; (3) Being given a circulated notice of criticism which has not been one full year. Article 127. The contents of the personal advertisement of a lawyer shall be limited to the name, portrait, age, sex, place of birth, educational background, degree, registration date for the practice of a lawyer, name of the law firm where he/she practices, time for working at the said law firm, charging standards, ways of contact, and the scope of legal service business that can be provided to the society according to law. Article 128. The contents of advertisements of a law firm shall be limited to the brief introduction of the name of the law firm, business address, telephone number, fax number, postal code, email box, website, lawyers association where it is a member, practicing lawyers in the firm, and the scope of legal service business it is able to provide to society according to law. Article 129. No lawyer or law firm may make publicity that can be misunderstood by others or make false publicity on the lawyer or law firm by making use of the advertisement. Article 130. Lawyers and law firms may not preach down other lawyers or law firms and their services in the lawyer's advertisements they publicize. Article 131. No lawyers or law firms may make advertisements in a way that is contrary to the mission of a lawyer or that does not fit the image of a lawyer, nor may they make any advertisement by taking an exaggerating means of art for making a commercial advertisement. Article 132. Lawyers may not conduct any act in violation of the relevant provisions on the administration of advertisements for practice of lawyers prescribed by the lawyers association where he/she is a member in the advertisements on practice. Section 3 Criterions for Publicity of Lawyers Article 133. The publicity of lawyers shall refer to the act of information release on the report and introduction of a lawyer or law firm by ways such as news, features, special interviews, etc., through public media. Article 134. No lawyer or law firm may publish lawyer's advertisements by himself/herself or incite or permit others to issue lawyer's advertisement by way of publicity. Article 135. No lawyer or law firm may make publicity that distorts facts or legal essence, or that may lead to the unreasonable expectation of the general public to the lawyer. Article 136. Lawyers and law firms may publicize a certain special legal service field they undertake, but may not announce personally or imply that they are acknowledged or proved to be the experts in a certain professional field. Article 137. Lawyers and law firms may not make comparative publicity between lawyers or law firms. Article 138. The relevant provisions on lawyer's publicity shall be abided by for acts of making legal consultation by ways of giving a letter of reply or of question-and-answer through public media. CHAPTER IX BEHAVIOR CRITERIONS FOR THE RELATIONS BETWEEN LAWYERS Section 1 Respect and Cooperation Article 139. Lawyers and law firms may not obstruct the clients from entrusting or refuse them to entrust other lawyers or law firms to participate in the legal service for the same matter. Article 140. Lawyers who provide legal service for the same matter shall divide their work clearly and cooperate with each other, and shall notify the clients to make decision in case they disagree with each other. Article 141. No lawyer or law firm may utter any statement of preaching down, decrying, or damaging the reputation of other lawyers or law firms in public occasions or media. Article 142. The lawyers of both parties shall respect each other in the court trial or negotiation, no one may use sharp-fanged, cynical or insulting languages. Section 2 Prohibition of Unfair Competition Article 143. The lawyer's unfair competition act in practice shall refer to that lawyers and law firms who, in order to popularize lawyer's business, make business competition with other lawyers or law firms by taking improper means in violation of the principle of voluntariness, equality, and good faith, and the behavior criterions for lawyer's practice, and in violation of the accepted vocational guidelines for legal service market and lawyers vocation and impair the legal rights and interests of other lawyers and law firms. Article 144. No lawyer or law firm may take the following improper means to make business competition with other lawyers or law firms in contact with the clients and other persons: (1) Decrying or slandering willfully the credit standing or reputation of other lawyers or law firms; (2) Competing for or undertaking business without justifiable reasons by ways such as attracting clients by charging fees at a level lower than that of the vocation, or promising to give brokerage to the clients, agents or recommenders, or presenting money or property, etc.; (3) Sowing dissensions between clients and their attorneys on purpose; (4) Declaring or implying to the clients that the lawyer or law firm has any special relationship with the departments of justice, government organs, or public organizations and their personnel to exclude other lawyers or law firms; (5) Making any commitments without any basis of facts or law concerning the results of legal service or of judicial litigation; or (6) Declaring or implying that they can help the clients to achieve their improper aim, or reach the goal of the clients by improper ways or means. Article 145. Lawyers or law firms may not take the following improper means to make business competition with other lawyers or law firms in their contact with the administrative departments or departments of vocational administration: (1) Competing for or undertaking business by virtue of the power of administrative departments or departments of vocational administration, or through monopolizing a certain kind of legal service affairs with certain organs, departments or industries; (2) Requiring without legal basis the administrative departments to surpass the administrative power to restrict the clients to accept the legal service provided by the lawyer or law firm it designates, and restrict the fair business competition of other lawyers. Article 146. Lawyers and law firms may not make business competition with other lawyers or law firms by taking the following improper means in their contact with the department of justice and judicial personnel: (1) Influencing the ordinary handling and trial of the business they undertake by making use of other identity a lawyer concurrently has; (2) Setting up billboard of lawyers and other publicity media within the departments of justice and within 200 meters around; and (3) Distributing articles containing the advertisement of lawyers to the departments of justice and judicial personnel. Article 147. The practicing lawyers and law firms who have the qualifications for undertaking legal service within a special scope according to the relevant provisions may not have the following acts of unfair competition: (1) Imposing restrictions on the clients for their selection of the legal service provided by other lawyers or law firms recognized by legal institutions; (2) Forcing the clients to accept the legal services provided by them or by other lawyers they designate; and (3) Refusing, interrupting, delaying or cutting the necessary legal service or arbitrarily charging fees from the clients who boycott the above-mentioned acts. Article 148. No lawyers or lawyer firms may take the following means to squeeze out the fair competition of their rivals to damage the interests of the clients or public interests between themselves: (1) Colluding to force up or lower the charges; (2) Acquiring the quotation on charges of other lawyers or law firms illicitly or other conditions for providing legal services for the purpose of charging at a lower price; (3) Revealing such information that is not publicized temporarily as quotation on charges illegally or other conditions on providing legal services to damage the legal rights and interests of the law firms where he/she practices. Article 149. No lawyers or law firms may use without permission or illegally use the special public names or well-known names, and the symbols, pictures or letters, codes that represent their names to mislead the clients. The said "special public names" or "well-known names" shall refer to: (1) Names of the relevant parties, state administrative departments, or trade associations; (2) Names of the law schools of universities or colleges with high public reputation; (3) Well-known and high reputable celebrities of a non-lawyer; and (4) Names of a famous lawyer or law firm. Article 150. No Lawyer or law firm may forge or infringe upon the marks of outstanding quality on legal service or honorable titles. Where a lawyer or law firm uses the marks of outstanding quality on legal service or the honorable titles that have obtained, he/it shall indicate the time for obtaining them and terms thereof. CHAPTER X BEHAVIOR CRITERIONS FOR LAWYERS IN LITIGATION AND ARBITRATION Section 1 Criterions for Investigation and Evidence Collection Article 151. No lawyer shall forge evidences, or illegally alter the contents, forms or attributes of the evidences for the intention or purpose of litigation. Article 152. Lawyers shall, during the course of collecting evidences, treat the documents of evidences in a practical and impersonal attitude, and may not choose evidences on the basis of their likes and dislikes towards the relevant persons involved in the case, nor may they alter the original forms and contents of the evidences according to their own imagination. Article 153. No lawyer may threaten or induce others to provide false evidences, nor may any lawyer intimidate others to provide any documents of evidences not in conformity with the facts by making use of the privacy and illegal acts of others, or tempt others to provide false evidences by materials or various non-material interests. Article 154. No lawyer may knowingly submit the false evidences provided by others to the departments of justice or arbitration institutions. Article 155. Lawyers may not imply the clients or the relevant personnel to show evidences without the grounding of facts under the circumstances that they have known the facts for the purpose of winning the judicial rulings or arbitration that supporting the claims of the clients or denying the claims of the opposite party. Article 156. Where a lawyer appears in court as a necessary witness, he/she may not accept entrustment to act as the defender or attorney to appear in court again for this case. Section 2 Criterions for Appearance in Court Hearing Article 157. A lawyer shall wear lawyer's dress for appearing in court prescribed when acting as a defender or attorney to take part in court hearing, and shall pay attention to the professional image of a lawyer. Article 158. A lawyer shall keep his/her dress clean, neat, and undamaged for appearing in court. Article 159. When appearing in court, male lawyers may not wear long hair down to the shoulder, and female lawyers may not wear heavy makeup, with the faces clean and hairs neat, and may not wear too much striking articles for personal adornment. Section 3 Criterions for Postures and Languages Article 160. Lawyers shall be civilized and decent in their speech in court hearing, and shall choose standard language when giving opinions, and try to speak mandarins. No lawyer may use cants or dirty words and other non-normative languages. Article 161. Lawyers shall behave solemnly and in good taste in his speech in court hearing, and may make gestures as auxiliary if necessary, and avoid too much body motions. Section 4 Cautiousness of Judicial Remarks Article 162. Lawyers shall not spread or provide any rash remarks in relation to the qualifications for holding the post of and morality of a judicial personnel or arbitrator in public places or to the media. Article 163. Before the final judgment of a litigation or arbitration case, the undertaking lawyer may not issue any remark that may damage judicial justice believed reasonable through media or in public places. Section 5 Respect to Courts and Normative Contact with the Judicial Personnel Article 164. Lawyers shall maintain disciplines of the courts and arbitration tribunal, observe the time for appearing in court and time limit for adducing evidences and submitting legal documents, as well as other procedural provisions. Article 165. During the process of court hearing, lawyers shall show respect to the courts and arbitration tribunals, and submit themselves to the chief justice and the chief arbitrator, and may not comment on (including criticize and praise) the speeches of the judicial officials and the arbitrators at court. For any issue encountered in court hearing, the lawyers shall propose orally or in writing to the judges or arbitrators personally or to the competent departments in charge after the adjournment in the hearing of a case. Article 166. Where during the process of practice, a lawyer disagrees with the opposite party of the litigation on whether the facts are true or false, whether the evidences are genuine or fake and whether the law application is right, or wants to submit new evidences to the undertakers of the case, he/she may contact and exchange opinions with the undertakers of the case in the place designated by the departments of justice. Article 167. No lawyer may contact with the judicial officials or arbitrators with illicit motivation. Article 168. No lawyer may present property to the personnel in the justice departments and arbitration institutions, nor may he/she make transactions with the judicial officials or arbitrators undertaking the cases in ways such as promising returns or providing other advantages (including material interests or non-material interests), etc.. CHAPTER XI BEHAVIOR CRITERIONS FOR RELATIONS BETWEEN LAWYERS AND THE LAWYERS ADMINISTRATION INSTITUTIONS OR VOCATIONAL ADMINISTRATION INSTITUTIONS Article 169. Lawyers and law firms shall abide by the relevant provisions on the administration of lawyers formulated by the administrative institutions of justice and the criterions and rules for lawyer's vocation made by lawyers associations. Lawyers and law firms shall enjoy the rights and bear the duties prescribed by the articles of association of the lawyers association. Article 170. Lawyers and law firms shall go through enrollment registration formalities and annual registration formalities. Article 171. Lawyers and law firms shall take part in and complete the lawyer's vocational studies and examination organized by lawyers association. Article 172. Where a lawyer or a law firm takes part in an international lawyers organization or other organizations and becomes the member thereof, he/it shall report to the lawyers association beforehand for approval. Where a lawyer joins in an international organization overseas in the identity of a Chinese lawyer, he/she shall report to and put it on records at lawyers association. In case a lawyer communicates and speaks in the above-mentioned meetings, the contents of his/her speech shall be put on records at the lawyers association. Article 173. Where a lawyer or a law firm becomes the accused in civil affairs or is determined as a suspect of a crime or is investigated or punished by the administrative departments, he/it shall report to the lawyers association in writing. Article 174. Lawyers and law firms shall take part in the activities of research on lawyer's business organized by lawyers association, and complete the business research tasks assigned by lawyers association, and take part in the public welfare activities assigned by lawyers association. Article 175. Lawyers and law firms shall properly handle the various disputes occurred in the practice of a lawyer, and accept voluntarily the handling of mediation of lawyers associations and the relevant institutions thereof. Article 176. Lawyers and law firms shall faithfully execute the decisions of lawyers association on disputes of lawyers in practice. Article 177. Lawyers and law firms shall pay membership dues on schedule. CHAPTER XII PUNISHMENT ON PRACTICE Article 178. In case a lawyer violates practicing criterions, and the circumstances are lighter, and do not lead to serious consequences, he/she shall be punished by admonition. Where the lawyer is punished once again within two years after being given an admonition, the conditions for the punishment of admonition shall be taken into consideration. Article 179. A punishment of circulation of criticism shall be imposed on acts in violation of the criterions for practice of lawyers that are of lighter circumstances. Where a lawyer is punished again at any time after the circulation of criticism is made, the conditions on the punishment of circulation of criticism shall be taken into consideration. Article 180. In case a lawyer violates the criterions for practice of lawyers, and the circumstances are serious, which has caused some damage to the client or the law firm, he/she shall be given a punishment of denouncement. In case the lawyer is punished again at any time after the denouncement has been made, the conditions on the denouncement shall be taken into consideration. Article 181. In case a lawyer violates the criterions for practice of lawyers, and the circumstances thereof are especially serious, he/she shall be disqualified of the membership of lawyers association. Article 182. Lawyers association shall, for serious violation of criterions for practice of lawyers and the illegal acts that may be punished by the administrative department of justice or may be prosecuted for legal liability by departments of justice, make suggestions on submitting the lawyers for punishment or for the prosecution of legal liabilities by the relevant departments. Article 183. The preceding ways of punishment shall be applicable to the punishment on law firms for their violation of behavior criterions for the practice of lawyers. Article 184. The institutions of and procedures for punishing acts of lawyers for their practice in violation of regulations shall be prescribed by the All China Lawyers Association separately. CHAPTER XIII SUPPLEMENTARY PROVISIONS Article 185. The present Criterions shall be tried for implementation after being adopted by the standing council of the All China Lawyers Association, and come into force officially after being adopted by the council thereof. Article 186. The present Criterions shall be revised in the form of amendments, which shall be tried for implementation after being adopted by the standing council, and shall come into force officially after being adopted by the council. Article 187. The responsibility to interpret the present Criterions shall remain with the Standing Council of the All China Lawyers Association. Article 188. Pubic lawyers and corporation lawyers shall respect and observe the clauses of the present Criterions which are applicable to them. Article 189. Apprentice lawyers and assistant lawyers shall follow the present Criterions by reference. Article 190. The present Criterions shall be tried for implementation as of March 20, 2004. |
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