In Depth: To Advise or Not to Advise: Limit of Lawyers’ Immunity in China

The case of Feng Bo, a lawyer from Guilin, China, highlights the dilemmas faced by lawyers in accepting clients and the potential legal consequences involved. Feng, who once provided legal advice to a loan shark, was sentenced to prison for his involvement with a criminal enterprise, raising questions about the limits of legal protection for lawyers.[para. 1][para. 2][para. 3]

Feng’s legal troubles began when he was implicated in a case involving his former client, Liu Qiang, a convicted loan shark running a criminal syndicate. Despite being a local lawyer, Feng’s name gained prominence as he faced a 10-year prison sentence. His situation is part of a wider crackdown on gang-related crimes in China, where amendments to the Criminal Law have increased the risks for lawyers associated with dubious clients.[para. 2][para. 4]

Feng was found guilty of fraud and assisting in fabricating evidence, receiving a five-year sentence after appeal. The court ruled that Feng knowingly drafted false contracts, aiding Liu in obtaining illegal gains. His defense argued these actions were standard legal practice, lacking criminal intent, and plans are underway to file further petitions.[para. 5][para. 6]

Amid the government’s legal crackdown, many lawyers in China have been exposed to criminal liability, prompting legal experts to advocate for stricter definitions of joint crimes and greater lawyer immunity. They suggest that professional misconduct should be addressed through administrative or civil penalties rather than criminal charges.[para. 7][para. 22][para. 23]

Feng’s journey in the legal field started later in life, having taught himself law and becoming a practicing attorney in his late 30s. In 2012, he became a legal advisor for Liu’s chamber of commerce, a role he maintained intermittently, receiving an annual salary for drafting contracts and handling lawsuits.[para. 9][para. 10]

The nationwide crackdown on organized crime that affected Feng’s case started in 2018, targeting high-interest lending and violent debt collection. Liu was eventually re-arrested and sentenced to 25 years in 2022 for multiple offenses, including fraud and extortion, leading to Feng’s subsequent implication.[para. 11][para. 13]

Feng’s case drew public attention when his first appeals trial was improperly conducted without his legal team, causing public outcry and necessitating a new hearing. The court later apologized and rectified the procedural faults.[para. 14]

Legal experts like He Ping argue that simply being aware of a client’s illegal activities shouldn’t automatically result in criminal liability for lawyers, stressing that clear intent and alignment of actions are needed for such charges. Discussions continue around enhancing legal protections for lawyers in their practice, balancing the enforcement of law and client rights.[para. 19][para. 21]

Feng’s fraud and evidence fabrication charges stemmed from his involvement in cases where loans were excessively charged, and false contracts were drafted to seize property unlawfully. His initial harsh sentence was reduced upon appeal due to his secondary role and lack of personal gain.[para. 28][para. 30][para. 31]

Overall, the case reflects the tension between upholding the law and defending clients’ rights within legal boundaries, with calls for clearer regulations and protections to guide legal practitioners in China.