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Adaptation by
Adrian Evans, Monash University, Victoria,Richard Wu, The University of Hong Kong,Shenjian Xu, China University of Political Science and Law, Beijing
The common types of poor lawyering include bribery, receiving private fees, forgery, theft of clients’ money and obtaining property by deception, all with themes of greed and laziness. But there are also failures of lawyers’ regulation not just of lawyers’ character, with little discipline of the largest law firms involved in corporate scandals. Choosing a ‘good’ law firm is therefore important for all law students’ futures, and it is important to ask firms about many issues, including their attitude to pro bono work and whether they have a written policy on handling ethical issues. More fundamentally, if the public interest in ‘good’ lawyering is to be supported across Greater China, then better legal ethics education is central to change and social stability. This chapter examines key procedural rules about investigating lawyer misconduct in each of the PRC, Hong Kong and Taiwan, and provides the different definitions of what is misconduct, lists of penalties, details of complaints processes, reviews and appeals. Finally, we set out a table of key ethical rules affecting legal professional conduct in each of the Pthree jurisdictions, including those related to fees and costs.
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