To hire a lawyer in a lawsuit, we must first understand the reputation and professional knowledge of the law firm, and then choose the relevant law firm according to the nature of the lawsuit involved (civil, criminal and administrative). After choosing a firm, register first, explain the general case and which lawyer to invite. After consultation, both parties will sign a written agency contract with the law firm, because lawyers should be entrusted by the law firm to undertake business. After signing the agency contract, sign the power of attorney with the appointed lawyer. In the principal-agent contract, the authority to entrust a lawyer should be clearly defined, that is, the general agent or the specially authorized agent. The so-called general agency only represents general litigation rights, such as the right to sue, the right to appeal, the right to apply for withdrawal, the right to provide evidence, the right to debate and so on. The so-called specially authorized agent refers to the agent of litigation rights closely related to substantive rights, such as admitting, giving up, changing the litigation request of the principal, making a settlement, filing a counterclaim or appealing on behalf of the principal. If the client only grants the lawyer general litigation rights, it may be stated in the power of attorney that the litigation agent may not admit, waive or change the litigation request on his behalf. If the client is willing to grant the attorney the right to admit, give up, change the claim, settle, file a counterclaim or appeal, it must be indicated in the power of attorney, which is the so-called "special authorization". Because, when the people's court examines the power of attorney, if it finds that only the words "full agency" are written, it judges that the entrusted agent ad litem has no right to admit, give up, change the claim, settle, file a counterclaim or appeal on his behalf. The reason why it is so strict is to put an end to the ultra vires behavior of the entrusted litigation agent and avoid the possible litigation entanglement of the client or the other party. After signing the agency contract, you should pay the lawyer's fee according to the unified charging standard stipulated by the state. The lawyer's fee should be paid to the law firm, not to entrust a lawyer. In addition, those who need lawyer's help in support, work-related injuries, criminal proceedings, claiming state compensation and claiming pensions according to law, but are unable to pay lawyer's fees, can apply for legal aid in accordance with relevant regulations. Advantages of hiring a lawyer There are three main advantages of hiring a lawyer as a defender or agent in litigation: 1. Lawyers can help the parties analyze the case, advantages and disadvantages. Any lawsuit is a dispute of rights and obligations. Quite a few parties know little about the law. After hiring a lawyer, a lawyer who is familiar with laws and procedures can help analyze the case, point out the maze, and let the parties know their position in the lawsuit, thus laying a good foundation for legally exercising their rights. 2. Lawyers can help the parties to investigate the evidence. After the parties have hired a lawyer, the lawyer may investigate the relevant units and individuals and obtain relevant evidential materials beneficial to the parties. Lawyers also have the right to consult the case file and fully understand the case. This provides a greater possibility for the parties to fight a good lawsuit and earnestly safeguard their legitimate rights and interests. 3. After accepting employment litigation, lawyers shall appear in court to participate in litigation, participate in court investigations and court debates, and state their opinions and requirements according to law. A person who acts as a defender in criminal proceedings according to law can defend the legitimate rights and interests of the defendant, so that the people's court can listen to the opinions of the defense in favor of the defendant and make a correct judgment. In civil and administrative litigation, hiring a lawyer as a litigation agent, with its own advantages in mastering the law, can also grasp the key points in court litigation and get to the point, so that the legitimate rights and interests of the parties can be effectively safeguarded. When can I get a lawyer? You can hire a lawyer at any time, but from the point of view of preventing disputes and improving efficiency, the sooner you hire a lawyer, the better. Most people already know that they need to hire a lawyer to go to court, but in civil and economic activities, solving problems through litigation means, even if handled properly in the end, will often bring many direct and indirect losses to the parties. What's more, in some cases, if the parties can't effectively defend their rights beforehand, it may not be helpful to go to court in the event of a dispute. At present, most lawyers are busy solving disputes, and as far as the nature of lawyers' work is concerned, preventing disputes should be their primary task. Therefore, it should be the first principle to predict possible disputes before conducting civil and economic activities and ask lawyers to try their best to prevent them, rather than waiting for things to get out of control before asking lawyers to clean up the mess. For example, as mentioned above, you should listen to a lawyer before signing a contract. In the event of a dispute, the sooner you hire a lawyer, the better. The settlement of any dispute depends on two important things, namely facts and law. As far as the law is concerned, that is the profession of lawyers. There are some problems. Your understanding may be different from the legal provisions. You need the help of a lawyer. However, the identification of facts requires evidence. Lawyers who intervene in disputes as early as possible and in time often know better than ordinary people when and how to obtain any evidence and what methods should be used to effectively protect and use evidence to prove facts. This is very important for protecting one's rights and striving to solve disputes through low-cost non-litigation activities. What is the difference between a lawyer and a lawyer? (1) academic differences. According to Article 6 of the Lawyers Law, to qualify as a lawyer, one must have a certain degree, that is, "college degree or above in law major in colleges and universities or equivalent professional level, and bachelor degree or above in other majors in colleges and universities". That is to say, at present, the education level of practicing lawyers in China ranges from junior college to master's degree and doctor's degree, and the majors are varied, which is very different from the requirement that lawyers must be graduates of university law schools in many countries. Coupled with the confusion of academic management system in China, the gap between lawyers with different academic qualifications may be very large. Education does not represent ability, but it can also reflect some situations. The lawyer profession requires very high comprehensive quality of practitioners, especially the legal professional quality. It is not as some people imagine that you can file a case as long as you know some legal provisions. This should attract our attention. (2) Differences in past work experience. Due to historical reasons, there are not many practicing lawyers who directly enter the legal profession after graduation from colleges and universities in China. A considerable number of lawyers have worked in other industries in the past, which means that they may have an advantage over other lawyers in dealing with some legal issues related to their own industries. Therefore, it is necessary to know a lawyer's past work experience and achievements. (3) The difference between full-time and part-time. There are full-time lawyers and part-time lawyers. The so-called part-time lawyer refers to "a person who has obtained a lawyer's qualification and a lawyer's practice certificate and is engaged in a lawyer's profession without leaving his post". Most people may think that full-time lawyers are more trustworthy, but this is not necessarily the case. According to the Law on the Administration of Part-time Lawyers 1996+0 1 promulgated by the Ministry of Justice in June, only "people who are engaged in teaching and research in law colleges (departments) and law research units" can engage in the lawyer profession part-time, that is to say, they generally have a relatively high legal professional quality, and their jobs also require them to spend time on legal theory. The difference between a lawyer and a lawyer is not limited to these. Some things, such as their potential quality, professionalism, service awareness, working methods, work efficiency, moral concepts, sense of justice, etc. It may be more important to you, but these can only be learned by yourself in the process of contacting a lawyer. Preparation before hiring a lawyer Before asking a lawyer to help with a lawsuit, the parties should make the following preparations: organize all their relevant case materials so that the lawyer can gradually understand the case. In addition, when the parties engage a lawyer, they must also truthfully state the case to the lawyer and must not conceal, exaggerate or reduce it. They must truthfully state their own advantages and disadvantages so that lawyers can defend or represent according to law on the basis of a comprehensive understanding of the case. In addition, for witnesses or other evidence materials that are inconvenient for you to find, you can provide the relevant information to the lawyer, and the lawyer will help you investigate and collect evidence. As legal workers, lawyers must also strictly abide by the laws of the state and safeguard the legitimate rights and interests of the parties according to law. Therefore, as a party, when hiring a lawyer, you should not make unreasonable or illegal demands. A lawyer may refuse to accept the employment of a party who makes unreasonable or illegal demands. The procedures required for hiring lawyers to act as defenders in criminal cases or as agents in civil and administrative cases can only be established after certain procedures. These programs are mainly: 1. Entrust a law firm. If a law firm thinks that it can accept the employment, it shall sign a contract for the employment of lawyers with the parties, go through the entrustment procedures, clarify the rights and obligations of the parties and the law firm, indicate the name of the lawyer appointed by the law firm, and be signed and sealed by the parties and the law firm, indicating the date of conclusion of the contract. 2. If a law firm entrusts another person to represent a lawyer, it shall submit the certificate of attorney to the law firm before accepting the entrustment. 3. Pay the lawyer's fee. Lawyer's legal service is a kind of paid service, and the parties must pay a certain lawyer's fee when hiring a lawyer. Generally speaking, according to the provisions of the "Trial Law" on lawyers' fees, law firms will charge the parties the case fees within the prescribed range according to the actual situation such as the complexity of business, the length of time required and the number of litigation objects. Of course, law firms can provide legal aid to clients who really can't afford to pay their lawyers' fees by reducing or exempting them, using them for free or charging as little as possible. At present, lawyers are not allowed to accept employment privately and collect fees themselves. If you want to hire a lawyer, you must go through the formalities in a law firm. However, if the client appoints a lawyer by name, he can ask the law firm. In general, law firms can meet this requirement. References:
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