Does the lawyer have the right to investigate other people's information in the case?

In real life, when we encounter disputes and contradictions that are difficult to handle and negotiate, we can only help us solve them through legal means. In order to ensure the success of the lawsuit, we often choose to ask a lawyer to help. At this time, lawyers must have a detailed understanding of the people involved in the whole case, so do lawyers have the right to obtain personal information? Bian Xiao has compiled relevant contents, hoping to help you.

Do lawyers have access to personal information?

A lawyer can obtain the personal household registration information of the other party with the notification of case acceptance. Lawyers have the right to investigate and collect evidence by themselves, and only need "two certificates". When meeting a criminal suspect or defendant, you must have "three certificates" (lawyer's practice certificate, certificate of law firm, power of attorney or legal aid letter). However, although there are clear provisions in the law, it is generally difficult for lawyers to obtain evidence on their own, and defendants are often unwilling to cooperate. If criminal cases are involved, lawyers may have to bear their own personal risks.

How to retrieve the identity information of the defendant?

First of all, the court examines whether the application of the parties meets the legal requirements, so as to decide whether to investigate and collect evidence ex officio. In the rules of evidence, the provisions on the court's authority to obtain evidence are vague, and people who are obviously not qualified take a evasive attitude. Once the application is decided by the court, the parties have no other remedy.

Secondly, the current situation of "more cases and fewer cases" in the court does not allow judges to have more time to investigate and collect evidence, and choose the way to issue an investigation order to the applicant.

But at present, the investigation order can only be held by the litigation agent, and the parties have no right to obtain the investigation order. Even with an investigation order, the relevant departments will not cooperate with evidence collection. In the indictment, the plaintiff needs to provide the identity information of the defendant to identify the defendant, and the court needs to send a subpoena and other documents and contact the other party. If there are relevant clues, the plaintiff may entrust a lawyer to the police station for retrieval. If you really don't know the identity information of the defendant, but know the contact information, you can contact him. The court will usually file a complaint to see if it can be mediated, and then notify the other party to provide it. The court won't take it by itself.

From the above analysis, it can be seen that although our country's laws stipulate that personal information can't be leaked at will, it can be regarded as a person directly involved in the case for the entrusted lawyer, so it is allowed to investigate personal information, but it is limited to one lawyer and should be kept confidential. If a lawyer divulges information at will, he can consult a lawyer for help. we