First, to ask a lawyer to engage in a lawsuit, we must first understand the reputation and expertise of the law firm, and then choose the relevant law firm according to the nature of the lawsuit (civil, criminal and administrative) and the reputation of the law firm. After analyzing the case and negotiating the amount of agency fees and travel expenses, the lawyer signs a written agency contract and a power of attorney with the law firm, and the law firm uniformly appoints lawyers as agents or defenders. According to the nature of the case, the procedures of entrustment are different. 1. In civil, economic and administrative cases, lawyers are called agents ad litem. After the client and the law firm reach an entrustment intention, they may sign an entrustment contract and entrust a lawyer as an agent. The client must specify the attorney's term and authority in the power of attorney. The term of agency means the lawyer's agency authority at this stage, such as the first trial, the second trial, the execution and the appeal stage. The power of attorney refers to the scope of authorization given by the client to the lawyer, which includes general authorization and special authorization. If it is general authorization, the agent only represents general procedural (litigation) rights, such as prosecution, responding to the lawsuit, providing evidence, participating in court investigation and court debate. Special authorization also includes recognition, waiver, modification of claims, settlement, counterclaim or appeal. An agent may engage in litigation activities in the name of the principal within the scope of authorization, and has the right to investigate and collect evidence and consult relevant materials of the case. In addition, the private prosecutor of a criminal private prosecution case, the victim of a public prosecution case or their close relatives may also entrust a lawyer as an agent to participate in the litigation, and the required entrustment procedures are the same as above. In criminal cases, lawyers are called defenders. Criminal suspects, defendants and their families may sign entrustment contracts with law firms to entrust defense lawyers. Different from the entrustment of civil and economic cases, the power of attorney for criminal defense only needs to specify whether to hire a lawyer to defend it, and at which stage is the authorization period (investigation, prosecution, first instance, second instance and appeal). In addition, the entrustment of family members must be approved by the criminal suspect and the defendant, and a power of attorney must be signed. Three. The client shall pay the lawyer's fee according to the unified national charging standard. The lawyer's fee is also collected by the law firm and cannot be handed over to the undertaker. If you need a lawyer's help in support, work injury, request for state compensation, request for statutory pension, etc. , but unable to pay legal fees, you can apply for legal aid in accordance with the legal aid regulations.
Legal objectivity:
Article 48 of the Civil Procedure Law of People's Republic of China (PRC) Citizens, legal persons and other organizations may be parties to civil litigation. A legal person shall file a lawsuit by its legal representative. Other organizations are sued by their principal responsible persons. Article 57 of the Civil Procedure Law of People's Republic of China (PRC), a person without civil capacity shall be represented by his guardian. If the legal representative shirks the agency responsibility, the people's court shall appoint one of them to represent the lawsuit.