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On Civil Liability lawyers

Author: FangWei
Tutor: LvBin
School: Anhui University
Course: Civil and Commercial Law
Keywords: Illegality Fault Third person Limitation of Liability
CLC: D926.5
Type: Master's thesis
Year: 2010
Downloads: 136
Quote: 0
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Abstract


Lawyers civil liability system refers to lawyers who causes loss of principal or a third person should bear civil liability specialists. Our newly revised \It basically outlines the contours of civil lawyers. In this paper, the theory and practice at home and abroad as well as relevant laws and regulations and judicial interpretations, the new \First, the author through the illegal elements in the element of tort liability and fault analysis of the relationship Elements, pointed out the element of an offense has been absorbed by the fault elements, the elements of objective fault trend is increasingly evident illegality has no independent existence of the necessary elements. Therefore, our lawyers law should delete the provisions of illegality, only requires fault elements. Both selective tied, likely to cause misunderstanding that illegality element or elements of the two to meet one fault, can constitute a civil lawyer. Secondly, the fault is the core concept of civil lawyers, this paper focuses on analysis of this content. Fault and negligence, including willful, deliberate malpractice lawyer is a lawyer as an expert in the course of their practice violated the interests of the client or a third person, undermining the trust of victims' lawyers. Therefore, lawyers should belong to deliberate malpractice lawyers are also experts responsibilities. Low capacity of lawyer responsibility to the healthy development of the legal profession, lawyers intentional malpractice punitive damages should bear the responsibility. The lawyer responsible normalized simple in principle it should only apply the principle of fault liability, should not adopt the presumption of fault, which should not be implemented Juzhengdaozhi, while others can not apply the principle of liability. As for the lawyer's fault criteria should be based on expert standards based, that the average level of general counsel at fault for judging standards, supplemented by common law, subjective criteria such as predictable standards. The senior lawyer and his client if no special agreement or unpaid higher price, pays a higher duty of care. Of course, no empirical grounds novice can not reduce the standard of care. In the case of free legal aid, lawyers still have to be experts in the standards themselves. Fault standard is not static, but must be developed along with the development of practice. With specialization trend is more pronounced in the legal profession more refined inside the case, consider a lawyer within the industry average as the main criterion fault. Lawyers of the parties or a third person mainly responsible for the high duty of care and duty of loyalty. Violation of these two obligations is at fault, the fault can be divided into the specific circumstances of violations and great attention violation of the duty of loyalty. Again, the lawyer must not only responsible for the client, the need for a third party is responsible, but not unlimited expansion of the scope of the third person, the scope of compensation lawyers also need to be controlled from a causal relationship. Otherwise, heavy duty solicitor may cause legal profession difficult. The author believes that the responsibility of the principal lawyers, except in very rare cases only meet when the constituent elements of a responsibility, in most cases may constitute a breach of contract and Infringement Liability. The lawyer's obligation to the third party should break the contract theory of relativity, recognizing the responsibility of the third party lawyer, and characterized as a single tort liability. Finally, in the lawyer accountability, our country is also more prominent attorney law issues. Accountability requirements as way too single lawyer scope of civil liability, theory and practice are not very uniform. The author believes that lawyers need to civil liability means liability for damages based, supplemented by other responsibilities. Not only provides for liability for damages, and judicial practice match. Civil lawyer scope should include direct loss, consequential loss, mental damage liability. Another lawyer should not assume internal responsibility, to reflect the characteristics of individual experts practicing lawyers and law firms should be more properly jointly and severally liable. Of course, just developed our legal profession, lawyers should not bear a disproportionate responsibility. Lawyers from several aspects need to be limited and mitigate liability. Such as allowing lawyers and the parties agree to the limits, as specified in the law lawyer lawyers liability limits, promoting lawyers and attorneys' liability insurance compensation fund. Lawyer in court one o'clock interpretation errors, except obviously unreasonable outside, not as a lawyer for the mistakes of responsibility. The author hopes that these recommendations can be reflected in our future lawyers law. In our newly revised \lawyers fault recovery. law firms and lawyers, the maximum compensation limit for attorneys 'fees of 10 times. lawyers should be insured lawyer lawyers liability insurance and mutual funds, occurred after the liability lawyers, insurance companies, and may be in accordance with relevant provisions of the Lawyers' Association compensation. \

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CLC: > Political, legal > Legal > Chinese law > Justice system > Lawyer system
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