Whether a party entrusts a lawyer in a lawsuit needs to be decided by itself. The law does not stipulate that a lawyer must be entrusted. Entrusting a lawyer is the litigant's right. Since it is a right, the parties may or may not exercise it, so as long as the parties feel that they can handle the whole lawsuit, of course, they don't need a lawyer to go to court.
If the parties do not understand the law and related procedures, it is recommended to entrust a lawyer to represent them or consult a lawyer in detail.
Article 46 of the Criminal Procedure Law: The victims of public prosecution cases and their legal representatives or close relatives, and the parties involved in incidental civil actions and their legal representatives have the right to entrust agents ad litem from the date when the case is transferred for examination and prosecution. The private prosecutor and his legal representative in a case of private prosecution, and the parties to an incidental civil action and their legal representatives have the right to entrust an agent ad litem at any time.
The people's procuratorate shall, within three days from the date of receiving the case materials transferred for examination and prosecution, inform the victim and his legal representative or his near relatives, the parties involved in incidental civil litigation and his legal representative that he has the right to entrust an agent ad litem. The people's court shall, within three days from the date of accepting a case of private prosecution, inform the private prosecutor and his legal representative, the parties to an incidental civil action and his legal representative that they have the right to entrust an agent ad litem.
Article 47 Entrusting an agent ad litem shall be carried out with reference to the provisions of Article 33 of this Law.
Article 33 A criminal suspect or defendant may, in addition to exercising the right of defense, entrust one or two persons as defenders. The following persons may be entrusted as defenders:
(1) lawyers;
(2) A person recommended by a people's organization or the unit to which the criminal suspect or defendant belongs;
(3) Guardians, relatives and friends of criminal suspects and defendants.
A person who has been sentenced to punishment according to law or deprived of or restricted personal freedom shall not act as a defender.
A person who has been dismissed from public office or has his lawyer's or notary's practice certificate revoked may not act as a defender, except the guardian or near relative of the criminal suspect or defendant.
Extended data:
The role of victim's lawyer in criminal cases
1. Lawyers can answer legal advice and write a complaint for victims in the investigation stage of criminal prosecution cases; Lawyers can act as agents of private prosecutors in criminal cases of private prosecution. There is no prohibition in the current law on whether a lawyer can act as the victim's agent in the investigation stage of a criminal case.
2. At present, victims of public prosecution cases need to entrust lawyers in the investigation stage, and usually law firms will accept the entrustment. The main job of entrusted lawyers is to receive legal advice, apply for the return of property on their behalf, and write legal documents such as complaint materials on their behalf.
According to Article 25 (7) of People's Republic of China (PRC) Lawyers Law, "Lawyers can answer legal inquiries, write litigation documents and other documents related to legal affairs", it is legal for victims of public prosecution cases to entrust lawyers to answer legal advice, write complaint materials and other legal documents during the investigation stage.
China people's congress net-criminal procedure law