On the Management of Lawyer Mobility

Author: [US] Hillman
Publisher:
Publish Date: 2005-01-01
Features: After more than 20 years of development, China's legal profession has achieved considerable scale, and the role and status of lawyers in social life have been increasingly elevated. However, as some scholars have pointed out, there are indeed some phenomena in the legal profession that are highly inconsistent with the mainstream appearance—such as breaches of trust, reputational damage, and moral misconduct, all of which have severely endangered the survival and development of the legal profession. This has prompted reflection on the professional ethics and development of China's legal profession. There are numerous reasons for this phenomenon, but the lack of standardized regulations for lawyers is undoubtedly a major one. Therefore, strengthening research and promptly formulating relevant regulations are prerequisites for the smooth development of China's legal profession. Among the many challenges faced by China's legal profession, the issue of lawyer mobility has become increasingly prominent. The mobility of lawyers between different law firms seems to be merely an internal issue for law firms or the legal profession itself, unrelated to clients or other social stakeholders, and thus receives less societal attention. However, if lawyers and their practicing institutions (law firms) develop disputes due to mobility, it will inevitably affect the quality of their services and the overall efficacy of legal services. Therefore, lawyer mobility is not merely an internal matter of the legal profession; it at least involves the rights and obligations of law firms, lawyers, and clients.
Current regulations in China offer very few provisions on internal management of law firms. For example, the Ministry of Justice's Administrative Measures on Partnership Law Firms provide relatively inadequate regulations on the rights and obligations between partners, as well as the handling of interests in the event of dissolution. This has created significant space for lawyer mobility and has also for related disputes, undermining the stability and further development of law firms. Practice has proven that lawyer mobility without guidance from behavioral rules has already caused numerous negative impacts. Therefore, it is urgent to strengthen the management of lawyer mobility, clarify the rights and obligations of all parties involved, and ensure that mobility proceeds in an orderly manner.
Professor Hillman is a renowned scholar in the field of partnership law in the United States, and his book On the Management of Lawyer Mobility is a seminal work on the topic. Although his discussion is based on the legal framework of the United States, the fundamental principles are undoubtedly applicable to China. We hope this book will open a new window for the management of China's legal profession.
The translation of this book is as follows:
Wang Jinxi (Associate Professor, Law School, China University of Political Science and Law, Ph.D. in Law): Preface to the Chinese Edition, Preface to the Second Edition, Preface to the Edition, Chapter, Chapter 2, Chapter 3, Section 8 of Chapter 4, Appendix 1, and Appendix 2.
Tang Jun (Master's Student, Law School, Tsinghua University): Chapter 4, Chapter 5, and Chapter 6.
The entire book is reviewed and compiled by Wang Jinxi in the end.
This book explores the legal and ethical issues arising from lawyer mobility. It covers various fields such as partnership law, corporate law, agency law, tort law, and lawyer professional ethics. None of these fields can independently provide a sufficient framework for regulating lawyer mobility. When considering the standards set by laws governing commercial partner relationships and the behavioral rules applicable to lawyers as professionals, these standards are often conflicting, unstable, and largely ignored by many lawyers in their pursuit of better opportunities.
On the Management of Lawyer Mobility is a seminal work on the issue of lawyer mobility. Although its discussion is based on the legal framework of the United States, the fundamental principles are undoubtedly applicable to China. We hope this book will open a new window for the management of China's legal profession.