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Briefly describe the circumstances under which the law firm should terminate the entrustment relationship?

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Briefly describe the circumstances under which the law firm should terminate the entrustment relationship?


        

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  • 2024-06-14 12:00:49

    According to Article 32 of the Measures for the Administration of Lawyer Practice, when undertaking business, a lawyer shall inform the client of the possible legal risks in handling the entrusted matter, and shall not make an improper commitment to the client on the handling results in an explicit or implicit manner. When undertaking business, a lawyer shall timely inform the client of the progress of the entrusted matters; If it is necessary to change the entrusted items and authority, the consent and authorization of the trustor shall be obtained. After accepting the entrustment, a lawyer may not refuse to defend or act as an agent without justified reasons. However, if the entrusted matter is illegal, the client uses the services provided by the lawyer to engage in illegal activities, or the client intentionally conceals important facts related to the case, the lawyer has the right to refuse to defend or act as an agent. Then let's extend this issue to: according to Article 38 of the Administrative Measures for Lawyer Practice, lawyers should perform their duties in accordance with legal procedures, and should not influence the handling of cases according to law in the following improper ways: (1) provide legal services for clients and intervene in cases in the name of lawyers without the clients' entrustment or the assignment of legal aid institutions, Interference with handling cases according to law; (2) Distorted and misleading propaganda and comments on the cases being handled by himself or other lawyers, and maliciously hyped the cases; (3) Create public opinion pressure, attack and slander the judiciary and the judicial system by means of connecting groups, jointly signing signatures, publishing open letters, organizing online gatherings, supporting, or in the name of case studies; (4) Disclose and disseminate the information and materials of the private trial of the case in violation of the regulations, or the important information and evidence materials of the case learned by himself or other lawyers in the process of handling the case. Article 39 When acting as an agent in litigation, arbitration or administrative handling activities, a lawyer shall abide by the discipline of the court or arbitration tribunal and the regulations on the place of supervision and administrative handling rules, and shall not have the following acts that hinder or interfere with the normal progress of litigation, arbitration or administrative handling activities: (1) When meeting with a criminal suspect or defendant in custody, he or she violates the relevant regulations by carrying the criminal suspect When the defendant's close relatives or other interested persons meet, they provide the means of communication to the criminal suspect or defendant in custody for use, or pass articles and documents; (2) Refusing to appear in court and participate in the proceedings as notified by the people's court without justified reasons, or withdrawing from court without authorization in violation of court rules; (3) Gather people to make a scene in the court, assault the court, insult, slander, threaten or beat judicial staff or litigation participants, deny the nature of the cult organization recognized by the state, or commit other acts that seriously disturb the order of the court; (4) Deliberately providing false evidence to judicial organs, arbitration institutions or administrative organs or threatening or luring others to provide false evidence, thus obstructing the other party from obtaining evidence legally; (5) Other acts that obstruct or interfere with the normal conduct of litigation, arbitration or administrative processing activities as prescribed by law.

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