In fact, from the source of rights, lawyers have no right to investigate. The court has the right to investigate. According to the regulations, the people's court shall investigate and collect evidence that the parties and their agents ad litem cannot collect on their own due to objective reasons, or evidence that the people's court considers necessary for hearing a case. In order to ensure that the case can be heard correctly, lawyers usually apply to the court for an investigation order to assist the court in investigating the case. Therefore, real estate information, bank flow, micro-signal ID number and other information can only be inquired after the court issues an investigation order.
Lawyers should submit certain materials and go through certain procedures when investigating and collecting evidence. Take checking real estate information as an example, as follows:
1. The client handles the entrustment formalities and entrusts a lawyer to handle the case;
2. The lawyer prepares the filing materials, files the case, the court accepts it, and pays the fees;
3. Write an application for a power of attorney investigation order, stating the real estate clues and matters to be investigated, and mail it to the court for application;
4. With the consent of the court, send a lawyer's investigation order to the lawyer;
5. The lawyer applies to the law firm for a letter of introduction from the law firm;
6. The lawyer carries the lawyer's power of attorney, the letter of introduction from the law firm, the notice of case acceptance, the authorization materials, and the original and photocopy of the lawyer's practice certificate to the real estate center for inquiry.
Moreover, the lawyer's investigation order is not approved after the application, and the court usually has to conduct certain review and consideration to judge whether it is related to the case and whether it needs to be investigated. According to the regulations, the people's court will not accept the evidence that the parties apply for investigation and collection has nothing to do with the facts to be proved, is meaningless to prove the facts to be proved or is not necessary for investigation and collection.
legal ground
People's Republic of China (PRC) Lawyers Law
Article 35 An entrusted lawyer may, according to the needs of a case, apply to a people's procuratorate or a people's court to collect and obtain evidence, or apply to a 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.