25 Jul 2008

Counsel is not responsible may request compensation

Q: I am a peasant. Some time ago, and his son were due to fighting by the public security authorities arrested recently heard that a crime may be sentenced, I ask You Renquan lawyers, fearing the Huale Qian dedicated to a lawyer does not act. Does If so, can seek compensation » Lee Hoi







A: lawyers to provide legal services to the community of practice, once accepted the commission, the parties should be dedicated to gathering evidence for the defence, between the parties generated by the commission and the commission, services and the relationship between the civil service. Lawyers in providing legal services activities, as a result of their own fault caused damage to the parties, should bear the liability. China's Lawyers Law Article 49 stipulates: "The illegal practice or lawyers for the parties to the fault caused the loss, by the law firm of liability and compensation law firm, can be deliberate acts or gross negligence lawyers compensation. "

Therefore, as long as there is evidence to prove his client's interests by counsel not responsible, including not seriously investigate the collection of evidence, not on time to participate in the proceedings and the privacy of the parties at leaking secrets and so on, and suffered undue damage to the right to request compensation .

No comments: