【裁判要旨】在有偿委托律师草拟合同、代办抵押的合同关系中,应认定律师承担专业的善良管理人的注意义务,并应结合案件实际情况和法律服务的行业惯例确认律师是否尽到了该注意义务。在确定律师承担违约赔偿责任的数额时,可以根据过错程度和原因力比例对传统的不真正连带责任进行份额化处理,以避免出现显失公平的结果。 The referee essence In the drafted contract commissioned by the attorney, the charge d’affaires of the contractual relationship, the lawyer should assume the duty of attention of professional good managers, and should be combined with the actual situation of the case and the practice of legal services to confirm whether the lawyers did their best obligation. In determining the amount of liability for breach of contract, a lawyer can share the traditional non-genuine liability according to the degree of fault and the proportion of causes to avoid obvious and unfair results.