How to act as a litigation representative for non-immediate family members

How to be a litigation agent for non-immediate family members

Non-immediate family members can serve as litigation agents, so the non-immediate family members who accept the entrustment can appear in court to hear cases on their behalf. However, in cases such as divorce that require the parties to appear in court, the parties must Those who are able to appear in court must appear in court for trial. When entrusting another person to litigate on your behalf, a power of attorney signed or sealed by the client must be submitted to the People's Court. The power of attorney must state the entrusted matters and authority. The difference between a litigation agent and a defender

The difference between a litigation agent and a defender is: a litigation agent is authorized by the parties and their legal representatives; in terms of litigation status, the defender has an independent litigation status, while the litigation status There is no agent;

As for the litigation objects, defenders are established for criminal suspects and defendants, and litigation agents are established for private prosecutors, victims, and parties to incidental civil lawsuits.

Can a lawyer write the indictment for you?

It is the party’s right to hire a lawyer to write the indictment for you

1. Whether to hire a lawyer to write the indictment for you? rights of the parties.

The law does not prohibit litigants from hiring someone to write an indictment on their behalf. This is for citizens. "No prohibition by law is a right." Litigants have the right to find a lawyer to write an indictment for them, or they can also find someone who is not a lawyer. person to write the indictment.

2. Whether it is necessary to hire a lawyer to write the complaint depends on the nature and complexity of the case and the needs of the parties.

If the parties involved understand that the dispute involves laws and regulations and can handle the dispute well, there is no need to hire a lawyer to write a complaint. On the contrary, if the parties do not understand the court order, trial procedures, evidence rules, etc., then in order to properly resolve the dispute, it is indeed necessary to hire a lawyer to write a complaint, or even directly entrust a professional lawyer to handle it.

3. The court does not allow the parties to hire a lawyer as a prerequisite for filing a case. The parties only need to find a lawyer to write a complaint, and there is no problem at all in court proceedings.

Legal basis:

"Civil Procedure Law of the People's Republic of China"

Article 58 The parties and legal representatives may entrust one or two persons to act as Litigation attorney.

The following persons can be entrusted as litigation agents:

(1) Lawyers and grassroots legal service workers;

(2) Close relatives or close relatives of the parties concerned Relevant staff;

(3) Citizens recommended by the community, unit and relevant social groups where the parties are located