1. Can the plaintiff sue the entrusted lawyer for not appearing in court?
If the plaintiff specially authorizes a lawyer to represent him, he may entrust a lawyer not to appear in court in person.
Power of attorney is to entrust others to exercise their legitimate rights and interests on their behalf, and the client needs to show his legal documents when exercising his power. The trustor shall not abandon the entrusted matters for any reason. If the client makes any rights and interests that violate national laws, the client has the right to terminate the entrustment agreement. Within the scope of the legitimate rights and interests of the principal's power of attorney, all the duties exercised by the principal shall be borne by the principal, and the principal shall not bear any legal responsibilities.
2. Who can entrust a criminal defense lawyer?
The criminal defense lawyer replied: A criminal defense lawyer may be entrusted if the following conditions are met.
1, the suspect or the defendant himself;
2. Legal representatives of criminal suspects and defendants; ("Legal representative" refers to the parents, adoptive parents, guardians and representatives of the organs and organizations responsible for protection of the principal)
3. Close relatives of criminal suspects and defendants; ("Close relatives" refer to husbands, wives, fathers, mothers, sons, daughters, brothers and sisters. )
4. The person entrusted by the criminal suspect or defendant;
5. Designated by the people's court.
3. The defendant in civil litigation can't appear in court, can he ask a lawyer to appear in court?
In civil litigation, a lawyer is invited, and the parties may not appear in court.
Article 59 of the Civil Procedure Law stipulates: To entrust another person to represent a lawsuit, a power of attorney signed or sealed by the client must be submitted to the people's court.
The power of attorney must specify the entrusted matters and authority. An agent ad litem must have the special authorization of the client, and can admit, waive or change the claim, make a settlement, file a counterclaim or appeal on his behalf.
The burden of proof of the defendant in civil litigation has the following characteristics:
(1) The burden of proof of the defendant is to provide evidence to the court in order to avoid the danger of losing the case.
This is different from the burden of proof (also known as "the burden of proof in the sense of result"). The burden of proof is presupposed by a specific law, which refers to the legal consequences that are unfavorable to the parties who claim the facts because the court does not apply the fact as the law that exists as the constitutive elements when the constitutive elements that cause the occurrence, alteration or extinction of legal relations are unclear.
(2) The burden of proof of the defendant is the burden of proof that the defendant should bear to avoid the plaintiff winning the case when providing counter evidence, rebuttal evidence or new proof to the court.
This is not the same as claiming responsibility. Claim liability (also known as "claim burden") refers to the litigation disadvantage borne by the parties because the court does not apply the law with the fact as the constitutive element. The reason for claiming responsibility in civil litigation is to carry out the first theme of the debate, that is, the court shall not identify the facts that the parties did not claim in the debate in the judgment.
The entrusted lawyer may not appear in court in person, but he needs authorization. The characteristics of the defendant's proof in civil litigation include that the defendant's burden of proof is to provide the court with evidence to the contrary, and the burden of proof is to provide evidence to the court in order to avoid the danger of losing the case. The defendant himself, the criminal suspect and the person entrusted by the defendant may entrust a criminal defense lawyer.