On the Management of Lawyer Mobility—Legal and Ethical Issues of Partner Withdrawal and Law Firm Dissolution

Author: (USA) Hillman / Wang Jinxi / Tang Jun
Publisher:
Publish Date: 2005-03-01
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 mainstream appearances, such as loss of credibility, moral deviation, and the like, which have severely threatened 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 regulations for lawyers is undoubtedly a major one. Therefore, strengthening research and formulating relevant regulations as soon as possible 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 or their practicing institutions (law firms) experience conflicts due to mobility, it inevitably affects the quality of their services and the overall effectiveness 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 provide very limited provisions on internal management of law firms, such as the Ministry of Justice's Administrative Measures on Partnership Law Firms, which offer relatively simplistic rules on the rights and obligations between partners and the handling of interests upon dissolution of the partnership. This creates significant space for lawyer mobility and lays the groundwork for related disputes, hindering 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, strengthening the management of lawyer mobility, clarifying the rights and obligations of all parties, and ensuring that mobility proceeds in an orderly manner are urgent tasks.
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 (division of labor) for 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 First Edition, Chapter 1, Chapter 2, Chapter 3, Section 8 of Chapter 4, Appendix I, Appendix II.
Tang Jun (Master's Student, Law School, Tsinghua University): Chapter 4, Chapter 5, Chapter 6. The entire book was reviewed and compiled by Wang Jinxi at 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 alone can fully depict the picture of lawyer mobility that requires regulation. 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.