On May 15, the Lawyers Law marked the milestone of its 30th anniversary. Against this backdrop, the 47th edition of the “Guike Bimonthly Forum”—a symposium commemorating the 30th anniversary of the Lawyers Law and exploring professional ethics for lawyers—was successfully held at King&Capital Law Firm. The event was organized by Guike Academy and hosted by King&Capital Law Firm and the King&Capital Criminal Defense Research Center. This event focused on the significant milestone of the 30th anniversary of the Lawyers Law, reflecting on the achievements in the development of the rule of law, looking ahead to the direction of high-quality development in the industry, and building consensus to advance the comprehensive rule of law and build a high-quality legal profession.
At the start of the event, Zhao Wei, Vice Dean of Guike Academy, served as the moderator and kicked off the symposium.
In his opening remarks, Tian Wenchang, Honorary Director of King&Capital Law Firm, noted that over the past 30 years since the enactment of the Lawyers Law, its significance has not yet been fully recognized, and issues related to professional ethics still require refinement.
He analyzed two major topics: conflicts of interest and the duty of confidentiality. Using examples such as co-counsel representation and the conflict between the duty of confidentiality and investigative authority, he emphasized that a lawyer’s duty of confidentiality is essentially a right to refuse to testify, and that the legislative wording lacks sufficient rigidity.
In conclusion, he called for deeper research on the subject and expressed hope that this symposium would contribute insightful perspectives to the development of professional ethics for lawyers.
Liu Guiming, Dean of Gui Ke Academy, opened the session with an engaging interactive activity, reviewing the industry’s development history and detailing the continuous growth of China’s legal profession over the past three decades.
He emphasized the practical necessity of in-depth exploration of legal professional ethics and raised three core topics: the essence, scope, and practical implementation of legal professional ethics.
He then called on participants to engage in active discussion and exchange, striving to achieve fruitful outcomes, build industry consensus, and help the legal profession achieve higher-quality development guided by professional ethics.
During the appointment ceremony for advisors and deputy directors of the Kyoto Criminal Defense Research Center, Tian Wenchang presented letters of appointment as deputy directors to Xu Ying, Zang Desheng, Weng Xiaoping, Liu Lijie, Nie Sufang, and Zhang Qiming, all senior partners at King&Capital Law Firm.
Regarding the appointment of advisors, since 2016, the King&Capital Law Firm has appointed five leading figures in the legal community—Gao Mingxuan, Jiang Ping, Chen Guangzhong, Ying Songnian, and Fan Chongyi—as expert advisors. On this occasion, Tian Wenchang and Men Jinling were newly appointed as expert advisors to the King&Capital Law Firm.
Reflection and Outlook:
How Will the Lawyers Law Reshape Professional Ethics for Lawyers?
Xiao Shuwei, Party Committee Secretary of King&Capital Law Firm, drew upon his experience as Chair of the Disciplinary Committee of the 10th Beijing Lawyers Association to share insights on the core of professional ethics as defined by the Lawyers Law.
He emphasized that the legal definition of a lawyer and the core principle of “upholding the three fundamentals” are unshakable and must be maintained in their proper sequence. He noted that narrowly defined ethics focus on clarifying the relationship between lawyers and clients, strictly adhering to the principles of conflict of interest, confidentiality, and due diligence; broadly defined ethics, however, encompass guidelines for interacting with judicial officials and fellow practitioners.
Drawing on practical case studies, he analyzed various irregularities within the legal profession, shared practical strategies for addressing complaints regarding professional conduct, and put forward the view that “the essence of professional discipline is to safeguard the legitimate rights and interests of lawyers who abide by the rules.”
Zang Desheng, Deputy Director of the Kyoto Criminal Defense Research Center, delivered a presentation on legal practice ethics and the protection of lawyers’ rights. He noted that there is currently a marked polarization in the exercise of lawyers’ professional rights within judicial practice. He attributed this phenomenon to differences in practice styles, divergent judicial philosophies, overly general provisions in current laws, and excessive discretionary power.
In response, he recommended that the boundaries of lawyers’ professional rights be clarified in the future, mechanisms for professional remedies, supervision, and accountability be improved, and the seamless integration of the Lawyers Law with sectoral laws such as the Criminal Procedure Law, Criminal Law, and Administrative Law be promoted. This would unify judicial application standards, effectively eliminate differential treatment, and establish a standardized, fair, and unified environment for the practice of law.
Xu Ying, Deputy Director of the King&Capital Law Firm Criminal Defense Research Center, shared insights on the new challenges to legal ethics in the era of big data, against the backdrop of the modernization of the rule of law and high-quality development of the legal profession. She pointed out that while digital technology enhances case-handling efficiency and expands the scope of practice, it also tightens the ethical boundaries of the legal profession, compelling the iterative improvement of the Lawyers Law.
She identified four major new risks in legal practice: AI-assisted case handling is prone to false precedents and factual inaccuracies; remote client meetings and electronic case file review lack institutional safeguards; the collection, storage, and transmission of electronic data harbor hidden risks of information leaks; and the misuse of social media leads to ethical violations such as traffic-driven sensationalism, unauthorized disclosure of case details, and defamation of colleagues.
In response, she recommended amending the law to include provisions safeguarding lawyers’ digital rights, clarifying rules for reviewing and collecting electronic data, extending digital confidentiality obligations, bringing online professional conduct under regulatory oversight, and adapting to the practice needs of the new era.
“Lawyers, like doctors, must excel in their profession,” said Xu Ming, a partner at King&Capital Law Firm, sharing his insights on legal ethics and industry development based on his own experience transitioning from a prosecutor to a lawyer. He pointed out that electronic data in financial and securities cases is complex, making effective communication even more critical for lawyers to fulfill their duties with due diligence, and that professional ethics rely heavily on inner integrity.
He argued that the current Lawyers Law contains too many prohibitive provisions and lacks sufficient positive guidance. He recommended improving positive ethical guidelines, emphasizing mentorship models within the industry, optimizing the internship and training system for young lawyers, and strengthening the professional competence of new practitioners.
He believes that the development of the legal profession must balance the protection of professional rights with ethical constraints, uphold the original spirit of the rule of law, unite the legal community, and contribute to the industry’s standardized and steady growth.
Penetration and Balance:
Where Are the Boundaries of a Lawyer’s Duty of Confidentiality in Criminal Defense?
Regarding the issue of the boundaries of the duty of confidentiality in criminal defense and the protection of lawyers’ professional rights, Men Jinling, an advisor at the Kyoto Criminal Defense Research Center, pointed out that in the current era of self-media, the issue of polarized standards for lawyers’ disclosure of case details is prominent, making it easy for lawyers to face liability for reasonably exposing irregularities in law enforcement.
By clarifying the dual dimensions of professional ethics—regulatory and moral—she elucidated that criminal defense lawyers bear multiple missions, including safeguarding clients’ legitimate rights and interests and upholding social fairness and justice.
At the same time, she outlined the scope of application and exceptions to the duty of confidentiality, calling for improved legislation to clarify the boundaries of confidentiality and to implement safeguards such as the right to client-attorney meetings free from eavesdropping. She expressed the hope that, while strictly adhering to professional ethics, lawyers’ legitimate professional rights and interests would be fully protected.
Weng Xiaoping, Deputy Director of the King&Capital Law Firm’s Criminal Defense Research Center, delivered a presentation interpreting lawyers’ duty of confidentiality from the perspectives of legal provisions and practical application. He emphasized that the duty of confidentiality is the cornerstone of legal practice and the criminal defense system, as it concerns client trust, the effectiveness of defense, and the balance between prosecution and defense.
He pointed out that China’s Lawyers Law defines confidentiality as a statutory duty, while the Criminal Procedure Law treats it as a professional right; this inconsistency in legal wording has led to confusion in practical application. At the same time, he noted that the blurred line between confidentiality and the duty of truthfulness, the unclear scope of confidentiality in case files, and the overly broad statutory exceptions—combined with relevant liability provisions—place lawyers in a difficult dilemma.
Drawing on international judicial experience, he suggested using the revision of the Lawyers Law as an opportunity to unify legal application standards, with the aim of achieving a better balance between safeguarding lawyers’ professional rights and upholding their professional obligations.
Ma Lixi, a partner at King&Capital Law Firm, delivered a systematic presentation on lawyers’ confidentiality obligations, drawing on both legal regulations and practical case handling experience.
He pointed out that the duty of confidentiality possesses dual attributes and clarified that exceptions to this duty apply only to major security-related crimes that are currently being committed or are in the preparatory stage; information regarding past crimes must be kept confidential without exception.
Addressing the issue of conflicts between a client’s defense strategy and that of their family members in practice, he emphasized that the right to defense stems from the client’s mandate, and lawyers must prioritize respecting the client’s own wishes.
At the same time, drawing on cases he has personally handled, he analyzed professional challenges in judicial practice, such as restrictions on reviewing case files and limitations on courtroom observation. He pointed out that the root causes lie in judicial authorities blurring the boundaries of confidentiality, a lack of awareness of the legal community, and clients’ insufficient understanding of the attorney-client privilege system.
Liu Jihui, a partner at King&Capital Law Firm, shared insights based on his own professional experience. He affirmed the fundamental principle that lawyers must strictly adhere to confidentiality and observe statutory exceptions.
He candidly acknowledged facing practical difficulties such as being unable to meet with clients for extended periods and having access completely blocked after cases were transferred to detention centers, with appeals to multiple parties yielding little result.
He pointed out that current laws primarily focus on regulating lawyers’ professional conduct, while provisions for holding public authorities accountable for obstructing lawyers’ duties remain vague and ineffective—a core reason why professional rights are difficult to safeguard.
He further called for the opportunity presented by legislative amendments to be used to refine provisions safeguarding rights, clarify standards for holding violators accountable, reasonably define the role of media oversight in lawyers’ rights protection, effectively optimize the professional environment, and fully safeguard lawyers’ various legitimate professional rights.
Following the seminar, Attorney Liang Yali delivered a closing address. She expressed her sincere gratitude to Guike Academy for hosting this highly meaningful seminar on professional ethics—marking the 30th anniversary of the promulgation of the Lawyers Law—at King&Capital Law Firm. She looked forward to continued, in-depth collaboration with Guike Academy in the future to jointly organize more professional seminars.
She expressed her agreement with and appreciation for the insightful perspectives shared by the participating lawyers that day, and looked forward to colleagues continuing to delve deeper into these topics, jointly addressing the risks associated with legal practice, and advocating for the common interests of the legal community.
At the conclusion of the symposium, Liu Guiming, Dean of Guike Academy, delivered closing remarks. He systematically summarized the core insights of the event, emphasizing the formative role the Lawyers Law has played in shaping professional ethics over the past three decades. He noted that in the new era, the legal profession must uphold professional ethics to even higher standards and remain steadfast in its commitment to the rule of law.
At the same time, he encouraged colleagues in the industry to continue deepening their research on ethics and practice, working together to promote the healthy and orderly development of the legal profession.
Moving forward, King&Capital Law Firm will use this seminar as an opportunity to continue deepening its research in criminal defense and the development of professional ethics. We will closely follow the direction of the amendments to the Lawyers Law, leverage our professional platform to continue academic exchanges, actively address new challenges in digital practice, and continue to contribute King&Capital Law Firm’s professional expertise to the construction of a China governed by the rule of law.
