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The dilemma of professional ethics, the dispute between lawyers' commerciality and social justice

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Lawyer Huang Baoxue graduated from Shandong University of Economics in 1997. He once worked in a listed company and has been engaged in legal affairs and management for nearly ten years. He has extensive experience in the field of corporate legal affairs. He has acted for dozens of economic, civil and criminal cases in the past few years.

Professional areas: real estate business, corporate legal business, economic disputes, criminal defense, etc.

Practicing philosophy: Lawyers must not only be proficient in the law, but more importantly, solve problems.

Practicing creed: To be a lawyer, you must have a sense of justice, do not win cases that should not be won, and do not lose cases that should not be lost.

A lawyer had just won a major lawsuit, and he immediately telegraphed his client: "Justice has been won." His client called back immediately and eagerly: "Appeal immediately!" This is an old joke about lawyers. Although the joke is short, three baggages are revealed: First, it is not the righteous party that wins; second, the parties are most concerned about and only care about the result, regardless of justice or not, third, the interests of the parties are the justice pursued by the lawyers. The first two issues have nothing to do with lawyers or have little to do with lawyers. The third burden is the professional ethical dilemma about lawyers’ value orientation, also known as the dilemma of lawyers’ commerciality and social justice: when the interests of the parties conflict with social justice , Should lawyers maximize the interests of their clients, or should they pursue social justice as their responsibility?

Under an ideal structure, the two should be unified. "Lawyers should safeguard the legitimate rights and interests of the parties, safeguard the correct implementation of the law, and safeguard social fairness and justice." In reality, however, such conflicts are lurking in all cases. "Formal contradiction" is like the two sides of a coin. Two parties dispute their interests. When one party is on the side of lawfulness and justice, the other party must stand on the side of injustice. Lawyers can only choose to stand on the side of one party. Therefore, the interests of the parties are The struggle with social justice is bound to happen. This difference in position has also attracted two radically different positive and negative evaluations of lawyers from the society, which can be described as mixed.

1. The first thing that any profession solves is the problem of livelihood, except for the saint who likes to live a life of "one meal, one drink, in the back alleys, people are overwhelmed, and will never change their happiness". Lawyers generate income by providing legal services to their clients. They have a contractual and commercial relationship with the clients. Since they are contractual relationships, they should be honest and trustworthy. Since they are entrusted to the clients, they should be loyal to them and seek in the existing institutional framework. The way to maximize its benefits. The commercial nature of the lawyer profession inevitably requires that the value guide of the lawyer profession is to maximize the interests of the parties. Only by maximizing the interests of the clients can the commercial value of the lawyer profession be reflected. There is no doubt that lawyers aim to maximize the interests of the clients. "Lawyers must protect the legitimate interests of the parties" is just a beautiful assumption under the ideal of the law. Careful scrutiny hides a logical error in it. Just like the "innocent assumption" theory, since "the lawful judgment of the people's court is not allowed to anyone Determined to be guilty". So what is a legitimate interest must be defined by the final judicial decision, because the function of a lawyer is not to assist the court in discovering the truth of the case. When accepting an entrustment, the lawyer can only know the case through his own party. The function of the lawyer is to act as the spokesperson of one party, innately standing. From the standpoint of one's own party, he is not the ultimate judge. If what he strives for is not the maximization of the interests of the parties, but the legal rights or social justice, shouldn't he go on his behalf and confuse himself with the judges? How can we win the trust of the parties by putting social justice above the interests of the parties? Therefore, lawyers seek to maximize the interests of the parties. It is the basic social value and prerequisite for the existence of the lawyer profession.

2. Lawyers must maintain social fairness and justice. This social responsibility is a mission entrusted to lawyers by the law and a "red hat" that distinguishes the lawyer industry from other industries. Fairness and justice is the "backer" behind lawyers---the core value of the law. Lawyers use this to win the trust and respect of the public. Maintaining social fairness and justice is the expectation of the public. Social fairness and justice can be called the "backbone of lawyers." Lawyers maintain social justice from the perspective of the lawyer profession as a whole, so the "backbone" may not be related to the "economic foundation" of individual lawyers, but It is related to the social status and future development direction of the legal profession. Without a "backbone", lawyers will lose social credibility and social respect, and lose a good social image, leading to the low social status of the overall lawyer industry, the marginalization of the industry, and even the "lower" industry in society. If lawyers stay away from or abandon fairness and justice to pursue the interests of the parties, they will use all means in order to win the case, or even "do everything they can", and they will only quench their thirst by drinking a dove.

Third, lawyers cannot make a choice between the interests of the parties and social justice. This conflict is also the cause of professional ethical dilemmas. Lawyers can only find a balance between the two. Because the conflict between the interests of the parties and social justice cannot be resolved by lawyers, it is impossible to maintain substantive justice if it is understood that “lawyers are not the ultimate judge”. Then the source and resolution of such conflicts will become clear, and this balance is procedural justice. In the balance of procedural justice, the conflict between the interests of the parties and social justice can be fairly put to the final judicial judgment. "Justice must not only be achieved, but also achieved in a visible way." What lawyers maintain is only the "visible way." Lawyers’ methods and methods for maximizing the interests of their clients should always remain within the legal channels and within the legal framework. Maximize the interests of the parties on the premise that they are legitimate and sensible in accordance with the public interest of the society. Therefore, the social justice maintained by lawyers is procedural justice, or lawyers achieve substantive justice indirectly by maintaining procedural justice. Lawyers are not the ultimate judge, and lawyers cannot directly maintain substantive justice. "When there is a conflict between procedural justice and substantive justice, lawyers are neither the angels of justice nor the evil devil. Lawyers do not represent any party. All lawyers have to do is to participate in the entire judicial process through the procedures prescribed by law and use themselves. Professional knowledge to realize and embody the justice value of procedure." Lawyers should adhere to a professional ethical principle that "does not necessarily serve substantive justice, but must obey procedural justice". In any case, as long as one party's lawyer is on the side that violates the substantive justice, the other party's lawyer must be on the side that conforms to the substantive justice. If lawyers are regarded as advocates of noble morals who pursue the justice of social entities, the profession of lawyers will lose the value of existence, and the defense required by this profession cannot be realized, because it is impossible to be a advocate of noble morals. Make a legitimate defense with the party representing the entity's justice.

Of course, the defense of social justice by lawyers is supplementary and limited, and it is the public, procuratorate, and law and other state agencies that play a decisive role in maintaining social justice. However, the lawyer system is also the basic system of a society under the rule of law. As an indispensable part of a society under the rule of law, lawyers and the legal profession need to grow and develop. Therefore, on the arduous and long road to the rule of law, lawyers need to be commercial to build a “material for growth”. "Foundation" needs to come from the spiritual power of social justice.

Immigration Tips

1. The difference between green card and nationality. Obtaining the nationality of a certain country is equivalent to becoming a citizen of a certain country and obtaining the same rights and obligations as citizens of that country. The green card is equivalent to maintaining Chinese nationality and having the right of permanent residence in a certain country. It is a document that allows permanent and legal residence. The only difference between a country’s green card and nationality is that the green card does not have the right to vote and stand for election in this country, and the rest of the rights are the same. Therefore, most Chinese entrepreneurs who emigrate choose only to obtain a green card, because China does not recognize dual citizenship. If you only obtain a green card from this country, you will retain your Chinese nationality and you can live in and leave the country freely. However, if you join the nationality of this country, it is equivalent to giving up your Chinese nationality, and you must go to the Chinese embassy in that country for a visa every time you return to your country. 2. Why emigrate? Generally speaking, the external incentives for immigration: better investment environment, more business opportunities, high incomes abroad, better climate and environment, better medical care, better free education, Political stability, social stability, and high social welfare. Domestic impetus for immigration: political risks (naked officials, entrepreneurs’ criminal liability risks), environmental pollution risks (air, water, food safety, life expectancy, high mortality, increased terminal illnesses), social security, war risks, high living cost. High added value of immigrants: choose a safer, happier and more convenient life. Worry-free life brought about by high welfare. Choose a higher quality and free education for the children. Found new investment opportunities. Escaped domestic political and legal risks. It is convenient to go abroad. The continuous appreciation of the renminbi brings the best opportunity for overseas investment.
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17
2014-02

Canadian Investment Immigration, Federal Projects Closed

Time of issue: : 2014-02--17
Recently, a piece of news about Canadian immigration has stirred up waves in the immigration market. The Canadian government will end the 28-year-old investment immigration project, shattering the immigration dream of 50,000 Chinese. Is the hope of investing in Canadian immigration really dashed? Is there any other way to immigrate to Canada? The reporter visited Mr. Cui Guanjun, the director of the first law firm in Zibo City that provides foreign-related legal services and immigration services on current hot issues. , He pointed out: The one-size-fits-all Canadian investment immigration program refers to the Canadian federal investment immigration program. There are many types of Canadian immigration. In terms of investment immigration, in addition to federal investment projects, Canadian provinces also have their own investment immigration projects. At present, the projects nominated by these provinces have not been affected, and the immigration quotas of some provinces have increased, even Record breaking, such as the Saskatchewan nomination program. Due to the closure of the Federal Investment Immigration Program, these immigrant applicants will quickly transfer a large number of them to the provincial nomination programs in search of more secure immigration investment projects. Take the corporate investment immigration project nominated by Saskatchewan as an example. After the 2013 Saskatchewan corporate immigration application was opened, less than 2 weeks, the application quota was emptied. Among them, Chinese applicants account for about 80%, and the application status is extremely hot! Regarding the difference between the Canadian federal investment immigration and the investment immigration nominated by each province, Director Cui Guanjun replied: Under normal circumstances, the investment immigration threshold nominated by each province will be lower than the federal investment immigration threshold, or more conditions. Loose. For example, the aforementioned entrepreneur investment immigration project nominated by Saskatchewan has the advantages of low asset requirements, low investment amount, and no language requirements. Applicants only need to prove assets of 300,000 Canadian dollars, and invest 150,000 Canadian dollars to establish or acquire a business, and then the whole family can immigrate and share the quality of life in Canada with their families. Another example is the BC Business Immigration Program where Vancouver is located. From the current point of view, after the application is approved, the whole family can land in Canada (enjoy the status of permanent residence). After landing, a minimum investment of 200,000 Canadian dollars is required to purchase or create one For business, you can apply for permanent residency status after one year of normal business operation. The feature of this project is that there is no language requirement and no requirement to submit a deposit, and the whole family can land in Canada in about 9 months at the earliest. This is a rare opportunity for people who do not have English skills and are eager to go to Canada. In addition, as the first law firm in Zibo City that provides immigration services by professional lawyers and has established cooperative relationships with many professional immigration lawyers in the United States, Canada and other countries, the reporter asked Director Cui Guanjun to discuss the next step of Canadian investment To make a prediction on immigration policies and trends, he pointed out: First of all, in the future, Canada may hope not to simply introduce funds, but to introduce high-quality corporate talents who can continue to generate income to promote the development of the domestic economy. Secondly, with the closure of Canadian federal investment immigration, immigration projects nominated by various provinces in 2014 will be quickly sought after. In the face of a large number of immigration applicants, it is a foregone conclusion. Third, the immigration projects nominated by each province have their own advantages. Applicants can only seize the quota if they are fully prepared in advance according to their actual conditions. Shandong Dadiren Law Firm, Foreign Business Department Lawyer Cui: 13905330148 Sun lawyer: 13953357713  
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20
2018-08

Shandong Dadiren Law Firm formulated and promulgated the "Working Procedures for Handling Criminal Cases of Underworld Forces"

Time of issue: : 2018-08--20
In order to implement the All-China Lawyers Association’s "Several Opinions on Lawyers’ Handling of Criminal Cases by Underworld Forces" and the relevant regulations of provincial and municipal judicial administrative agencies and the Lawyers Association, to ensure that lawyers can handle criminal cases related to underworld forces in accordance with the law. Lawyers’ rights to practice, regulate the practice of lawyers in handling criminal cases involving criminal forces, and improve their ability to handle criminal cases related to criminal forces. After the research and decision of the partners meeting of Shandong Dadiren Law Firm, on August 20, 2018, the establishment of the Shandong Dadiren Law Firm's Office for the Supervision of Criminal Cases of Underworld Forces was established, and the "Shandong Dadiren Law Firm's Handling of Underworld Crimes" was promulgated. Case Work Rules Shandong Dadiren Law Firm Working Regulations for Handling Criminal Cases of the Underworld Forces Article 1 In order to improve the lawyer’s ability to handle criminal cases related to criminal forces, protect the lawyer’s practice rights, and regulate the practice of criminal cases involving criminal forces of the "Several Opinions on Defense Agency Work in Power Crime Cases" and relevant regulations of provincial and municipal judicial administrative organs and the Lawyers Association, combined with the actual situation of the firm, formulate these regulations. Article 2 The Supervision Office for the Handling of Criminal Cases of the Underworld Forces (hereinafter referred to as the "Supervision Office") shall exercise its powers in accordance with these regulations, and the Supervision Office shall accept the leadership and supervision of the Institute and the Cooperative Conference. Article 3 The Supervision Office of the firm conducts a full follow-up inspection of the lawyers' handling of criminal defense and agency work in criminal cases, strengthens case handling quality supervision and risk management, and guides the resolution of legal problems encountered in the process of handling cases, and finds that lawyers have violated laws and regulations in handling cases It must be stopped and corrected in time. The office should strengthen the management of official seals, and strictly follow the process of "approval first, seal later" to manage the materials of criminal cases involving gangsters, to prevent private collection of charges from occurring. Supervise and supervise the undertaking lawyers to strengthen the file management of criminal cases by the underworld forces to prevent the occurrence of leaks and improper transmission. Article 4 The supervision office of the firm has one director, one deputy director, and several members of the working group, responsible for the daily work of the office, including case filing, supervision, docking with judicial administrative departments and lawyers associations, and exchanging case handling experience with other law firms , Organizing lawyers throughout the firm to conduct relevant business training and case discussions on a regular or irregular basis. If members of the supervision team handle gang-related cases themselves, they shall not participate in the supervision of their own cases as staff members of the supervision office. Article 5 The Supervision Office shall make full use of various channels such as our WeChat groups and training sessions to publicize the correct practice, experience and effectiveness of lawyers in handling criminal cases involving underworld forces. Article 6 The Supervision Office of the Stock Exchange specifically performs the following duties: 1. Conduct pre-examination of the lawyers' handling of gang-related cases, examine the client, the basic situation of the case, etc., and report the review to the director of the supervision office, and the director of the supervision office will decide whether to accept the entrustment; 2. To file a case involving gangs that agree to accept entrustment, the lawyer handling the case shall take the initiative to perform the filing procedures; 3. Train our lawyers on the handling of gang-related cases, practice norms, practice risks, etc.; 4. Supervise the practice behaviors of our lawyers in handling gang-related cases; 5. Provide risk reminders to our lawyers in handling gang-related cases; 6. Maintain the practice rights and interests of our lawyers in handling gang-related cases; 7. Impose penalties for violations of our lawyers in handling gang-related cases; 8. Organize the lawyers of the firm to summarize and communicate with the cases involving gangs handled; 9. Connect with lawyers’ associations and judicial organs, and file the handling of criminal cases in accordance with relevant regulations; Article 7 The lawyers of our firm who act as defenders or litigation agents in criminal cases involving underworld forces must abide by the firm’s systems of uniformly accepting
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28
2018-09

A delegation from the Legal Work Department of the ACFTU visited the Huantai branch for investigation

Time of issue: : 2018-09--28
On September 26, the Legal Work Department of the All-China Federation of Trade Unions came to Shandong Dadiren (Huantai) Law Firm to investigate the development of legal services for employees’ rights protection. Liu Shuai, Deputy Secretary of the County Party Committee, Zhou Huanbao, Chairman of the County Federation of Trade Unions, and the County Judicial Bureau Director Pang Yueming accompanied the investigation. The research team listened to the experience and practices of Huantai County in legal services for employees' rights protection in the county conference center. Fu Sigang, director of Shandong Dadiren (Huantai) Law Firm, provided legal services to law firms and county employees in rights protection The main work of the center in recent years was reported. Then the research team went to Huantai Institute for on-site inspection. The research team unanimously believes that Huantai County will focus on doing a good job in the rights protection of employees in the new era, in-depth development of legal services for rights protection, relying on Shandong Dadiren (Huantai) Law Firm to build an employee rights protection platform, and explore a "guarantee" and "maintenance". "The integrated service system for employees' rights protection combined, and the work of employees' rights protection services has achieved remarkable results. The Huantai County Federation of Trade Unions, relying on Shandong Dadiren (Huantai) Law Firm, established the Huantai County Employees' Rights Protection Legal Service Center in July 2012. Since the establishment of the center, the Huantai Institute has closely followed the requirements of the county party committee and county government to carry out legal services for employees' rights protection. The Huantai Office set up office space, opened a service hotline, and built a green channel for the employee rights protection center, taking multiple measures simultaneously to comprehensively improve the effectiveness of employee legal services. Various activities such as "on-site consultation", law popularization, radio interpretation, etc. have been carried out, combined with the overall situation of our county's law popularization work, in-depth publicity and explanation of various labor protection legal knowledge in agencies, enterprises, schools, communities, etc., have played a good role in the society. effect. Since its establishment more than 6 years ago, it has handled more than 220 labor arbitration and litigation cases, received more than 1,500 employee legal consultations, carried out more than 60 employee rights protection law publicity, and recovered more than 10 million economic losses for employees, reducing and exempting rights protection Staff lawyers cost more than 700,000 yuan, which has formed a good brand effect throughout the county. Huantai Office has been commended as an "advanced collective of judicial administration system" by Zibo Judicial Bureau, and as a "Demonstration Unit of Legal Services for Workers' Rights Protection by Zibo Trade Union" by Zibo Federation of Trade Unions. He was commended as "Outstanding Women's Rights Protection Post" by Zibo Women's Federation, and was awarded the title of "City Youth Civilization" by the Communist Youth League Committee. Many lawyers have been awarded the honorary titles of outstanding lawyers in the provinces and cities, outstanding lawyers in protecting the rights and interests of employees in Zibo, and advanced individuals in the work of helping the disabled in Zibo.  
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15
2018-10

Dadi Renhuantai branch organized "2018 Unity and Cooperation" outreach training activities

Time of issue: : 2018-10--15
On October 13th and 14th, 2018, Shandong Dadiren (Huantai) Law Firm organized all lawyers and administrative staff to the Yuanshan Hard Struggle Memorial Hall to conduct an outreach training event with the theme of "2018 Unity and Cooperation".     On the morning of the 13th, all the staff arrived at the training site, put down their luggage, and formed a team under the guidance of the coach. Each team completed the design of the team name, team flag, and slogan within 25 minutes, and sang the team song. Position, interest, identity and social role communication and communication environment, open up, understand each other in a short time, and integrate into the team, and at the same time prepare the team members to participate in the training psychologically, gain more experience, create a family atmosphere, and form A warm team atmosphere and a winning team belief.       The first activity is "Fetching water from the dragons". Within the specified time, all the team members use tools to take out the water in the specified area. The goal is to train the execution and appeal of trainees; sense of teamwork and cooperation and cooperation; experience the importance of early-stage resource confirmation and reasonable allocation of the project; correct communication and team appreciation, emphasizing the importance of details; personnel division of labor, cooperation and coordination; The physical contact between the team members increases the sense of trust and cohesion; dare to practice and break through empiricism; and an attitude of honesty and integrity. After 30 minutes of running-in, both teams completed the task of fetching water. In addition, the "Rapid 60 Seconds" activity was carried out, requiring each team of students to find the numbers from one to thirty within sixty seconds, and the thirty is a number hidden in each puzzle. The goal is to exercise the analytical skills of the team members, enhance communication and assistance between teams, and enhance the team's sense of time urgency.   On the afternoon of the 13th, all the team members visited the Yuanshan Hard Work Entrepreneurship Hall. Next is the "Santa Game", which requires the entire team to cooperate to move the Santa from its initial position to any other position. The goal is to increase communication among students and improve their communication skills; improve personal resilience in difficult environments; let students better understand the importance of communication in teamwork; master the main points of communication and how to communicate in different environments. On the morning of the 14th, all the trainers visited the Ruyue Lake Wetland Park. On the afternoon of the 14th, the two teams worked together to complete the "150-second speed challenge". The two teams completed the training activity with a good result of 137 seconds under the cooperation and cooperation.  
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