On the premise of a notice of acceptance of the case, the lawyer can retrieve the personal household registration information of the other party. Lawyers have the right to investigate and collect evidence by themselves, and only need "two certificates". When meeting a criminal suspect or defendant, it is necessary to have complete "three certificates", that is, lawyer's practice certificate, certificate of law firm and power of attorney or legal aid letter. At present, the investigation order can only be held by the litigation agent, and the parties have no right to obtain it. 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. Lawyers can obtain the personal household registration information of the other party with the notice of acceptance of the case; Lawyers investigate and collect evidence by themselves, and with the lawyer's practice license and the certificate of law firm, they can investigate the situation related to undertaking legal affairs to the relevant units or individuals; Lawyers should keep confidential the relevant information and materials that their clients and others are unwilling to disclose in their practice activities.
What are the obligations of lawyers?
1. According to the facts and laws, put forward the materials and opinions that the criminal suspects and defendants are innocent, the crimes are light or their criminal responsibilities are reduced or exempted, and safeguard the litigation rights and other legitimate rights and interests of the criminal suspects and defendants.
2, as a legal adviser, agent ad litem, criminal defender, non-litigation agent, participate in mediation and arbitration, answer legal advice, write legal documents, etc. In order to safeguard the legitimate rights and interests of the parties and the correct implementation of the law.
To sum up, if a lawyer investigates and collects evidence on his own, he may, with the lawyer's practice certificate and the certificate of the law firm, investigate the situation related to undertaking legal affairs with the relevant units or individuals. The entrusted lawyer may, according to the needs of the case, apply to the people's procuratorate or the people's court to collect and obtain evidence or apply to the people's court to notify witnesses to testify in court. If a lawyer investigates and collects evidence by himself, he may, with the lawyer's practice certificate and the certificate of the law firm, investigate the situation related to undertaking legal affairs with the relevant units or individuals.
Legal basis:
Article 35 of the Lawyers Law of People's Republic of China (PRC)
The entrusted lawyer may, according to the needs of the case, apply to the people's procuratorate or the people's court to collect and obtain evidence or apply to the people's court to notify witnesses to testify in court.