1. Can the defendant ask his lawyer to appear in court instead of appearing in court?
If the defendant does not appear in court, he may ask a lawyer to appear in court on his behalf. According to the second paragraph of Article 58 of the Civil Procedure Law, the following persons may be entrusted as agents ad litem:
(1) lawyers;
(2) Grassroots legal service workers;
(3) Close relatives or staff members of the parties concerned;
(four) citizens recommended by the community, units and relevant social organizations where the parties are located.
Second, the difference between civil litigation agent and litigation representative
1. has different meanings. The so-called agent ad litem refers to the person who conducts litigation in the name of the principal within the scope of agency authority. A civil litigation agent has the following characteristics:
First, the civil agent is the agent of the parties in the civil litigation, and he himself is not the subject of the civil legal relationship disputed by the parties, so the verdict of the case has nothing to do with him. Therefore, he participated in the litigation not in his own name, but in the name of the client;
Second, the purpose of civil litigation agents to participate in litigation is to safeguard the interests of the principal, and the legal consequences of implementing litigation within the scope of agency authority shall be borne by the principal;
Third, a civil litigation agent can only represent one party in the same case, but not both parties; Fourth, a civil litigation agent must be a person with litigation capacity.
2. Interests different from the object of litigation. The elected litigation representative is a party to this case, has the same interests as the principal, and has a direct interest in the litigation object of this case. The agent in civil litigation is not a party to this case and has no interest in the subject matter of this case.
3. The scope of protecting rights and interests is different. The participation of litigation agents in litigation not only protects their own legitimate civil rights and interests, but also protects the legitimate rights and interests of other * * * co-litigants they represent. Civil litigation agents participate in litigation only to protect the legitimate rights and interests of clients.
4. The legal consequences are different. An agent ad litem participates in the litigation and carries out the litigation in his own name, and the legal consequences of the litigation shall be borne by the principal and himself. A civil litigation agent carries out litigation in the name of the principal, and the legal consequences of litigation conducted within the scope of agency authority shall be borne by the principal.
5. The basis of production is different. The agent ad litem is created according to law or entrusted by the parties; Agents ad litem shall be elected by the same party or agreed by the people's court.
If the defendant does not appear in court, he may ask a lawyer to appear in court on his behalf. Under specific circumstances, the handling of litigation cases can be determined according to the relevant circumstances of the plaintiff and the defendant. Of course, lawyers can defend themselves within the scope permitted by law, depending on the actual situation.