Working Principles for Representing a Divorce Case for Family Lawyer in China
1. During the process of practicing China marriage law, the lawyer shall use its best endeavor to enhance the harmoniousness of the family and society, protect the lawful rights and interests of the parties involved, give full play of the professional expertise as a lawyer to get marriage and family disputes to be resolved through legal means.
2. Lawyers for marriage and family cases, when representing clients, should adhere to the principle of "taking facts as the basis and taking the law as the criterion" and conduct the work diligently and conscientiously, strictly abide by the professional ethics and practice disciplines of lawyers, and safeguard judicial impartiality and authority.
3. Lawyers handling marriage and family cases should keep the client’s information strictly confidential, there shall be no disclosure of clients’ information unless necessary for representing the case or otherwise agreed by the client.
4. Lawyers representing in marriage and family cases should appreciate the characteristics of marriage and family cases, pay attention to the psychological and emotional changes of both parties in the process of representation, use some appropriate psychological counseling approaches when providing legal services if needed, assist the parties to calmly handle the disputes and prevent further conflicts from escalating to a worse situation.
5. Lawyers representing marriage and family cases should always adhere to mediation as far as possible to promote a rational and peaceful resolution of disputes between the parties.
6. Lawyers should pay special attention to the laws regarding the protection of the legitimate rights and interests of women, the elderly and minors in the course of representation.
7. The lawyer shall perform its legal duties according to law within the entrusted authority and shall not damage the lawful rights or interests of the client.
8. A lawyer may not accept the entrustment of both parties of a divorce case at the same time and should not provide legal advice to the other party after providing legal advice to one party.
9. During the course of representation, the lawyer shall maintain a proper relationship between the lawyer and the client.