Difference between lawyers and litigation agent:
1, the two concepts are defined differently
Litigation agent refers to the name of one of the parties, within the provisions of the law or the parties to grant the authority to act as an agent for the implementation of litigation, accept litigation behavior of the person.
Lawyer refers to the national judicial examination and obtain a lawyer's license in accordance with the law, accept the entrustment or designation, for the parties to provide legal services to the practitioner.
2, the functions of the two different
lawsuit agent including legal agent and commissioned agent, legal agent is in accordance with the provisions of the law to obtain and exercise the right to litigation agent, for example, the parents of a minor is the minor's legal agent. The meaning and scope of application of entrusted litigation agent The litigation agent that occurs according to the authorized entrustment of the agent is called entrusted litigation agent.
According to the nature of work, lawyers can be divided into full-time lawyers and part-time lawyers, according to the scope of business, lawyers can be divided into civil lawyers, criminal lawyers and administrative lawyers, according to the object of service and work identity, is divided into social lawyers, corporate lawyers, and public lawyers. Lawyer business is mainly divided into litigation business and non-litigation business.
3, the two attributes, characteristics of different
In terms of the attributes of lawyers, including:
One, with certain legal knowledge, according to the current "lawyers law", is with "higher education institutions of law undergraduate degree or above," the knowledge of the law or "other specialties.
Secondly, to obtain the qualification through the national "legal professional qualification examination";
Thirdly, to obtain the practicing certificate through the approval of the national judicial administrative department; and fourthly, to provide legal service for the society and to make a career out of it.
Litigation agent characteristics:
1. Litigation activities in the name of the agent. The purpose of litigation agent is to safeguard the legal rights and interests of the agent, and therefore can only conduct litigation in the name of the agent, but not in his own name.
2. The litigation agent is a person with litigation capacity. A person without litigation capacity cannot act as a litigation agent. In litigation, if the litigation agent loses his litigation capacity, he also loses his qualification as a litigation agent.
3. In the agency authority to implement the litigation behavior. Litigation agent's authority, from the law or the authorization of the parties. Any litigation behavior beyond the authority to implement, are invalid litigation behavior, can not produce the effect of litigation law.
Baidu Encyclopedia - Lawyer (Legal Profession Staff)
Baidu Encyclopedia - Litigation Agent