The parties may entrust others to represent them in litigation.
According to the provisions of the Civil Procedure Law, there are three ways to entrust an agent ad litem:
First, if a party residing in China hires an agent ad litem to represent him in litigation, the client and the entrusted party shall make a power of attorney and submit a copy to the people's court. This is the common and most common way to entrust an agent ad litem. The client mentioned here must be the legal agent of a party with civil capacity or a party without civil capacity; The scope of the trustee may be the person recommended by the close relatives of the parties and their units, other citizens permitted by the people's court, or the person recommended by lawyers and social organizations. The power of attorney must specify the entrusted matters and authority. If a minor authorizes a trustee specially, it must clearly state the authority of the agent ad litem to admit, give up, change the claim, settle, file a counterclaim or appeal on his behalf.
Second, the parties concerned are China citizens living abroad, and the way to entrust agents ad litem is: the power of attorney sent or entrusted from the country of residence must be certified by the Chinese 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 and countries of China, and then by the embassy or consulate of China in that third country. Or the local patriotic overseas Chinese organization certification.
3. Foreigners, stateless persons, foreign enterprises or organizations not residing in China employ China lawyers or others as agents ad litem: the power of attorney made by the client can be sent to the people's court of the defendant of the lawsuit after it is notarized by the notary office of the host country, authenticated by the embassy or consulate of China in that country, or after other authentication procedures stipulated in the relevant treaties concluded between China and that country are fulfilled, which has legal effect.
In litigation, the parties may entrust 1 to 2 people to help or represent the litigation. With an agent ad litem, I still have the right to participate in litigation activities. It is up to me to decide whether to participate in litigation or not.
If you want to hire a lawyer as your agent ad litem, you should go to a law firm. Generally, an employment contract or power of attorney should be signed with a law firm, and the employer should pay the commission fee according to the standard. After accepting the entrustment, the lawyer shall sign a power of attorney with the client in triplicate, one for the people's court, one for the law firm and one for the client. The power of attorney for hiring a lawyer can be found at.
With regard to criminal cases, the Criminal Procedure Law stipulates that criminal suspects and defendants may entrust one or two persons as defenders in addition to exercising their right to defense. 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. The Supreme Court explained that the people's courts should fully protect the defendant's right to defense in handling cases according to law. In addition to exercising the right of defense, the defendant may also entrust a defender to defend. The following persons shall not act as defenders: (1) People who are being executed or are on probation or parole; (2) A person who is deprived or restricted of personal freedom according to law; (3) Persons without capacity or persons with limited capacity; (4) Current employees of people's courts, people's procuratorates, public security organs, state security organs and prisons; (5) People's jurors; (6) People who have an interest in the trial result of this case; (7) Foreigners or stateless persons. The persons specified in items 4 to 7 of the preceding paragraph are guardians or close relatives of the defendant, and may be allowed to act as defenders when entrusted by the defendant.
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