New rule aims to improve law profession
Arevised regulation, released by the Ministry of Justice in early September, stipulates that law firms will face administrative punishment if they indulge or encourage lawyers to stir public opinion and attack judicial institutes.
The revision has caught attention from some overseas media outlets, which selectively quoted opposing voices.
Strengthening regulation in any industry can’t make everybody happy. What matters is whether it helps the industry in the long- run and whether it conforms to the interests of society.
The legal profession has been thrust into the center of public opinion recently as a few rights lawyers have turned themselves into dissidents. Veering from their business, these lawyers hyped ordinary cases into social issues and instigated confrontation. Though small in number, this group of lawyers have affected how the country’s efforts to promote the rule of law are being viewed.
Lawyers are supposed to safeguard the rule of law, however, a few radical rights lawyers have instead disrupted social order. Instead of solving crises, they escalated tensions by releasing untrue information and instigating public opinion. These people have turned against the legal profession and become political instigators.
Lawyers from Fengrui Law Firm are an example. They used their profession as a tool to defy the country’s political system, jeopardizing social interests and the image of the profession.
It is imperative to strengthen the supervision of law firms and exert reasonable restraints on a minority of radical lawyers. Firms are also obliged to regulate staff behavior and put more efforts into building systems to do this.
We believe the new regulation will not affect the legitimate business of most law firms. Instead, it will create a cleaner environment for lawyers, win them more trust and respect from society, and strengthen their constructive role in social governance.
The regulation includes a clause that holds firms liable if their staff makes “misleading and distorting comments” about ongoing cases.
Some argue this may scare lawyers from freely expressing their opinions in future cases. The new regulation is introduced to manage extreme situations and protect lawyers’ freedom of expression, rather than deliberately punishing them.
The regulation will restrain radical acts by a minority of lawyers, and will not exert any negative effects on lawyers who work under professional code.
Lawyers should be wary of and resist being influenced by their radical colleagues. Law firms should also be careful not to be taken advantage of or misled by those people. It benefits society if firms refuse to provide a protective umbrella for radical lawyers and, if possible, help them get back on the right track.
We believe the new regulation will not affect the legitimate business of most law firms.