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一、律师职业责任与风险分析 《律师法》第49条规定:“律师违法执业或者因过错给当事人造成损失的,由其所在的律师事务所承担赔偿责任。律师事务所赔偿后,可以向有故意或重大过失行为的律师追偿。”律师具体执业的前提条件是律师与委托人巳达成委托代理协议,即律师根据委托代理协议在委托人的授权范围内从事代理活动,律师与当事人之间具有民事上的法律关系,因此,律师在执业过程中因过错而给委托人造成损害的应承担相应的赔偿责任。 根据《律师职业道德和执业纪律规范》规定,律师必须在以下方面履行其职责:①诚实守信,如实告知的责任。律师应当遵循诚实守信的原则,客观地告知委托人所委托事项可能出现的法律风
First, the lawyer’s professional liability and risk analysis “Law” Article 49 provides: “Lawyers illegal practice or because of fault to the parties caused losses, by the law firm where they bear the liability of compensation. Law firm compensation, you can have Intentional or gross negligence. ”Lawyers prerequisite for practice is that lawyers and clients have reached an agency agreement, that is, lawyers act in accordance with agency agreement within the scope of delegation of agency activities, lawyers and the parties have between Civil legal relationship, therefore, lawyers in the course of practice because of fault to the principal damage should bear the corresponding liability. According to “Lawyers Code of Professional Ethics and Practice Discipline”, lawyers must perform their duties in the following areas: ① honest and trustworthy, truthfully told the responsibility. Lawyers should follow the principle of honesty and trustworthiness and objectively inform the clients of the possible legal winds entrusted to them