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No exception from principles on role of lawyers: expert
http://www.ecns.cn/2015/07-19/173590.shtml
Jul 18th 2015, 23:12
Amid distorted reports on western media over the so called "rights lawyers" event in China, a law expert in the U.S. capital Washington emphasized on Saturday that rules on lawyers exist everywhere in the world and there is no exception from basic principles on role of lawyers.
Liang Zhongping, who has been working here as a lawyer for nearly 20 years, told Xinhua that those engaged in law sector should take a sense of justice and conscience and strictly follow related rules and principle of their country.
Chinese police apprehended recently a group of lawyers it suspected of using Beijing's Fengrui Law Firm as a platform to disrupt public order, seek illegal profits and illegally hire protesters to sway court decisions.
Legal experts and an official from China's judicial organs have defended the police detention of lawyers from a Beijing law firm, saying it is "good for the general legal practice environment."
But the move has brought criticism from some Western media, which said it is a step back for the rule of law. In the United States, for example, if a lawyer violates rule of law or undermines moral standard, he will be punished by the lawyers' association with fines and revocation of qualification licenses, according to Liang.
Every year, the lawyers' associations across the United States will carry out supervision and inspection on lawyer's moral and legal behaviors. In accordance with the investigation results printed to public in association journals, some lawyers will get fined or license revocation from short time to permanent.
Those lawyers who got the punishment records will loose reputation and could hardly find agents or clients to hire them, Liang said, adding that although they can argue but the government often takes the stand to support the rules of lawyers' associations.
According to the expert, the principles on lawyers in the U.S. is aimed to promote and ensure the proper role of lawyers, and as appropriate, to persons who exercise the functions of lawyers without having the formal status of lawyers.
For example, New York Lawyer's Code of Professional Responsibility states that a consequent obligation of lawyers is to maintain the highest standards of ethical conduct. In case of minimum level of conduct below which, no lawyer can fall without being subject to disciplinary action.
Although the Code makes no details on disciplinary procedures or penalties for violation, but the possible loss of respect and confidence is the ultimate sanction for a lawyer, Liang noted.
Meanwhile, the U.S. has worked out a number of principles on lawyer's qualifications and training, asking educational institutions to ensure that lawyers have appropriate education and training and be made aware of the ideals and ethical duties of the lawyer.
According to the principles, lawyers shall be entitled to form and join self-governing professional associations to promote their continuing education and training and shall at all times maintain the honor and dignity of their profession as essential agents of the administration of justice.
In addition, professional associations of lawyers are required to cooperate with government to ensure that lawyers are able to assist their clients in accordance with the law and recognized professional standards and ethics.
Lawyers, as guardians of the law, play a vital role in the preservation of society, Liang said, calling for lawyers to better improve professional integrity in the fulfillment of this role.
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