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Conflict of Interest in China

Author:IP March Click: Time:2018-11-16 08:00:00

On June 13, 2017, the Supreme People's Court issued a decision (2016) Supreme Court Min Shen No.3404 in which conflicts of interest was clarified.

 

Article 39 of the Law of China on Lawyers forbids a lawyer to represent opposing parties in the same case but it does not specify whether different lawyers in a same firm can represent opposing parties in the same case.

 

Rule 50(5) of Code of Conducts for Lawyers specifies that if different lawyers in a same law firm represents opposing parties, said law firm cannot enter into or maintain the entrustment relationship with the parties.

 

However, the Supreme Court's opinion was that the Code of Conducts is a Guideline issued by the Bar Association instead of a mandatory provision of the laws and administrative regulations and therefore different lawyers in a same law firm represents opposing parties in a same case was not a violation of law.


Conflict of Interest in China
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Address:Room 716, Gaode Building, 10 East Huayuan Road Haidian District, Beijing

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Tel: 86-10-62966619
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Email:mail@ipmarch.cn


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