摘要
律师的信义义务是律师在基于当事人委托而与其形成的信赖关系中,所担负的最高程度的诚实和忠实,并且代表被委托人最佳利益的义务。它是律师道德和行为规范的具体表述,律师在作为辩护人、代理人或进行法律援助时,其信义义务有所不同。律师信义义务是需要通过保持律师的经济自由和完善律师公共服务中相应的激励机制等措施来予以保障的。
Lawyer's fiduciary duty is an obligation which formed between the lawyers with their clients during the trust relationship, and should be the highest level of honesty and truthfulness, and stand for the best interests of the clients. It is the specific formulation of moral and behavioral norms. Lawyer, regardless as a defense attorney, agent or legal aid, their fiduciary duty are different. And lawyers fiduciary duty needs to be safe- guarded by maintaining the economic freedom of lawyers, and improving the lawyers' corresponding incentives and other measures in public service.
出处
《昆明理工大学学报(社会科学版)》
2009年第12期22-26,共5页
Journal of Kunming University of Science and Technology(Social Sciences)
关键词
律师信义义务
经济自由
激励机制
lawyer's fiduciary duty
economic freedom
incentives