27 Jul 2008

The parties may claim to the lawyers?


Q: lawyers as legal workers, should be dedicated to providing legal services to clients, safeguarding the interests of clients. However, a small number of lawyers working irresponsible, Fuyanseze would damage the interests of the parties. Will, in this case, the parties have the right to seek compensation? »

A: The lawyers are providing legal services for the community of practitioners, rather than judicial staff; law firms are practising lawyers, rather than national jurisdictions. Well, lawyers and law firms to conduct the general civil, lawyers and the relationship between the parties and the commission is entrusted with the civil relations service with the services of commercial activity. Therefore, lawyers in providing legal services activities, due to its fault caused damage to the parties, should bear the responsibility of compensation for the loss.

China's "lawyer" 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, to be a deliberate acts or gross negligence of lawyers Recovery "he said." Lawyers and law firms may not remove or restricted by law or practice due to the fault of the parties shall bear any losses caused by the civil liability. "

Therefore, the citizens seek compensation for losses should be made clear the following questions:

1, must be their own interests by providing legal services lawyers in malpractice and losses caused by the misconduct, including unlawful practice of the parties and the loss due to fault caused two cases. If the former lawyer in the same case for the parties agents, unjustified and not on time to participate in the proceedings, such as the latter parties such as the leaking of personal privacy or commercial secrets, causing damage to the interests of the parties or the violation of human dignity, not seriously investigate, collect Information, and the parties to the cause undue losses.

2, the parties should be subject to loss to the law firms seek compensation, rather than directly to my lawyer.

3, the loss of clients for lawyers and law firms Disclaimer unilateral right to reject the provisions of this point and Consumer Protection Law the provisions of Article 24 is the same. This for the protection of the legitimate rights and interests of the parties to provide a legal basis, the parties not to the special nature of career lawyers and dare not propose a fair, reasonable request.

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