As long as it is not a case involving personal relations, it can be specially authorized. Generally, authorized agency means that the agent only enjoys litigation rights such as appearing in court, collecting and providing evidence, and debating. , and the special authorization (full authority) agent means that the agent can exercise the litigation rights involving the substantive interests of the parties in addition to the litigation rights of the general authorized agent. Special authorized agency refers to the litigation agency in which the client authorizes the lawyer to make a direct decision and make a clear statement on the substantive issues of the case on behalf of the parties beyond the general agency authority. Article 59 of the Civil Procedure Law stipulates that 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.
What is the difference between lawyers participating in litigation as lawyers and not participating in litigation as lawyers?
(a) in civil litigation, there is no difference between the two.
Because the agency authority of both parties comes from the entrustment of the parties. Principal-agent refers to an agent who has the power of agency based on the authorization of the principal. China's civil procedure law stipulates that when entrusting others to represent litigation, 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.
(b) In criminal proceedings, there is a great difference between them.
According to the provisions of the Criminal Procedure Law, defense lawyers may collect materials related to this case from witnesses or other relevant units and individuals with their consent; With the permission of the people's procuratorate or the people's court, and with the consent of the victim or his close relatives or witnesses provided by the victim, the defense lawyer may collect materials related to the case from them. Defenders with general status do not enjoy the latter two rights stipulated in the law. As a defender, a lawyer has the right to consult the case file in addition to the rights of the general defender, and other defenders must obtain the permission of the court to exercise this right. In addition, only lawyers can be hired as defenders in the investigation stage. Therefore, lawyers do not appear as lawyers, just like ordinary people.
When a lawyer accepts the entrustment of the parties to a civil case and participates in a civil lawsuit, he must have certain agency authority, which is determined according to the agency agreement concluded between the law firm and the client and the power of attorney signed by the client unilaterally. Because the lawyer's right to represent civil litigation comes from the authorization of the parties and their legal representatives, the power of attorney issued by the client unilaterally determines the scope of the lawyer's agency authority. As an entrusted agent, a lawyer can only exercise litigation rights, undertake litigation obligations and act on behalf of the parties within the scope authorized by them. Within the scope authorized by the power of attorney, entrusting an agent to represent and accept a lawsuit is regarded as a lawsuit of a party and has legal effect on the party.
According to the relevant provisions of the Civil Procedure Law, the client grants the agent ad litem the right of agency, which can be granted general agency and special agency. General entrusted agency means that the agent can only represent the principal in general litigation activities, such as participating in litigation activities, investigating and collecting evidence, providing relevant evidence, participating in court debates and mediation, etc. , but can not dispose of litigation rights and substantive rights. Special entrusted agency means that the agent can not only represent the general litigation behavior of the principal, but also make direct decisions and express clearly the substantive issues of the case according to the special authorization of the principal, such as proposing, acknowledging, changing or giving up the litigation request, settling, filing a counterclaim or appealing on his behalf. In the power of attorney, the client shall clearly and clearly state what kind of entrusted agency authority he has granted to the entrusted agent. In the process of entrusting an agent to participate in civil litigation, due to changes in circumstances, the client has the right to change the lawyer's agency authority through consultation between the client and the agent. This change can be manifested in the expansion or contraction of the lawyer's agency authority.
By issuing a power of attorney, the parties and their legal representatives can clearly stipulate the authority granted to the agent to carry out civil litigation activities, which can restrain the agent's litigation behavior and prevent the agent from abusing his power of attorney and infringing on the interests of the principal; It can standardize lawyers' practice and avoid disputes between civil litigants and their entrusted agents due to unauthorized agency or ultra vires agency.
Can I entrust a full-time lawyer to appeal after the judgment of property disputes? Whether the judgment appeal of property disputes is beneficial to you, whether you can strive for the possibility of changing the judgment, and so on. You can find a lawyer to find out. You can consult a lawyer about the success rate of the judgment or appeal after the judgment of property disputes.