Legal analysis
The business scope of the grass-roots legal service office is to apply for legal counsel; Entrusted by the parties, acting as an agent in civil, economic and administrative litigation; Accept the entrustment of the parties, participate in arbitration activities and non-litigation legal affairs, accept the entrustment of the defendant, or be appointed by the people's court as the defender of the defendant in minor criminal cases that need not be investigated or informed. Risk agency is prohibited in criminal cases, and only fees can be charged first. Criminal cases are generally prosecuted in three stages, namely, investigation stage, examination and prosecution stage and first instance stage. Family members of criminal suspects can negotiate with law firms to pay all the agency fees in one lump sum, or they can pay the agency fees in installments. Regarding this charging standard, different regions have different standards, and criminal cases are generally charged in stages. But in short, it does not represent risk. It is a serious violation of laws and regulations for lawyers to represent criminal cases and realize risk agency. Lawyers of the same law firm act as agents of both the original defendant and the defendant in the same case, which is a double agent and the law firm should be punished. Lawyers and law firms shall not establish or maintain an entrusted relationship with the parties, shall not act as agents for both parties in the same case, and shall not represent legal affairs with conflicts of interest with themselves or their close relatives.
legal ground
People's Republic of China (PRC) Civil Procedure Law
Article 58 A party or legal representative may entrust one or two persons as agents ad litem. The following persons may be entrusted as agents ad litem: (1) lawyers and grassroots legal service workers; (2) Close relatives or staff members of the parties concerned; (three) citizens recommended by the community, units and relevant social groups where the parties are located.
Article 59 To entrust another person to represent the 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 power of attorney sent or entrusted by China * * and China citizens living abroad must be authenticated by China * * and China's embassy or consulate in that country; If there is no embassy or consulate, it shall be certified by the embassy or consulate of a third country that has diplomatic relations with the people of China, and then by the people of China and the embassy or consulate of China in a third country, or by the local patriotic overseas Chinese delegation.