Commitment results [content of case entrustment]

According to the "Lawyers Law of the People's Republic of China" and "Lawyer Practice Management Measures" , lawyers are not allowed to contract business by improper means. The "unfair means" mentioned here include "contracting business by means of misleading, inducement, threats, false promises, etc." ".

According to the above provisions, the lawyer conducts analysis based on the facts and evidence provided by the client and in accordance with laws and regulations, and provides analytical opinions to the client. In other words, the lawyer can make appropriate analysis of the outcome of the case and make decisions on the client's issues. Appropriate responses, but cannot promise the outcome of the case and are prohibited from contracting business through false promises.

In reality, if a lawyer makes a promise about the outcome of the case in order to take on the client's case, it violates the above regulations. It is not uncommon for lawyers to be complained and investigated for making improper promises, and in the end the gains outweigh the losses.

Based on the fact that such clients require lawyers to commit to the outcome of the case and use this as a prerequisite for signing a defense entrustment agreement, FasterLawyer has the following suggestions:

• When a client requests a commitment to the outcome of a criminal case, the lawyer should clearly refuse and inform the client that the relevant commitments are violations of the lawyer's professional ethics.
• The lawyer who takes on the case should clearly inform the client that the judgment is based on the evidence provided by the client, feedback on the facts of the case, and the lawyer's legal business experience. Different legal practitioners may have different opinions on the same legal article and the same legal provisions. Due to differences in understanding, there is no guarantee that one’s judgment will be fully adopted by the judge.
• Based on the above explanation, if the client still requires the lawyer to make a commitment to the outcome of the case, the lawyer should clearly refuse.