The Shanghai Bar Association is crafting a professional code of ethics to curb conflicts of interest and to standardize service charges among the city's 4,500 attorneys.
The code is scheduled to be completed before year's end, said association officials, who acknowledged that there are "bad eggs" in the profession.
Association President Zhu Hongchao said the code will most likely state professional misconduct can be grounds for disbarment.
"This will be the nation's first regional code for lawyers," Zhu said.
The push for the professional code comes a month after the association acknowledged that the city's attorneys must rein in "illegal competition," including conflicts of interest, do more to have cases mediated rather than going to trial and bring uniformity to the charges for their services.
The code of ethics will guide all aspects of the profession in the city, according to association officials.
The association plans to establish a comprehensive self-discipline system in the next two or three years by setting up rules and monitoring their implementation, Zhu said.
"With Chinese governments at all levels redefining their roles, the Shanghai Bar Associational and other professional organizations will be responsible for much of the oversight of their professions," Zhu said. "We want to tighten our management to improve the quality of local lawyers - which is also a requirement as part of China's entry into the World Trade Organization."
After government prodding, the bar association in December told local lawyers that fees will be standardized and that a common trick of overbilling by charging more hours will no longer be tolerated.
Association officials also said it is unacceptable to:
Overstate one's credentials and experience in order to get a client.
Obtain favorable treatment by exploiting connections to judges.
Represent one party during the initial case and then represent the other party during an appeal.
"Such actions tarnish the justice system and create a bad image of local lawyers. The association will impose strict punishment in such instances," said Lu Hongbin, deputy president of the Shanghai Bar Association.
Since many people have a poor impression of attorneys "grubbing money and adhering to no professional code - the association will be working to have local attorneys engage in community-service projects," Lu said.
(eastday.com January 14, 2002)
