Agency refers to the act of an agent implementing civil law in the name of the principal within the scope of agency authority; Entrusted lawyer refers to the act that the client signs a power of attorney with the client, and the client conducts civil activities within the prescribed scope of authority. Entrustment refers to the act of signing a power of attorney between the principal and the principal, and the principal carries out civil activities within the prescribed scope of authority. Agency refers to the act of an agent implementing civil law in the name of the principal within the scope of agency authority. The specific difference between an attorney and an entrusted lawyer lies in the different names for exercising rights. Agents include entrusted agents, statutory agents and designated agents. Entrustment refers to the civil legal activities decided by both parties through contract based on goodwill; In different affairs, the behavior involved in the agency takes the expression of will as the element, so the agency must be a civil legal act; Entrustment does not require the expression of will, so the act of entrustment can be a pure transaction. Agency involves three parties, namely, the principal, the agent and the third party; Entrustment belongs to the relationship between two parties, namely the principal and the trustee.
Article 36 of the Judges Law of People's Republic of China (PRC) * * * A judge shall not serve as an agent ad litem or defender within two years after leaving the people's court. After leaving the people's court, a judge shall not act as an agent ad litem or defender in the trial of a case in the court of first instance, except as a guardian or close relative of the parties. After being expelled, a judge may not act as an agent ad litem or a defender, except as a guardian or close relative of a party to represent him in litigation or defense.
What are the duties and obligations of lawyers?
Lawyers, as legal advisers, should provide advice to clients on relevant legal issues, draft and review legal documents, participate in litigation, mediation or arbitration activities as agents, handle other entrusted legal affairs and safeguard the legitimate rights and interests of clients. A lawyer who represents litigation legal affairs or non-litigation legal affairs shall be within the scope of authorization. If a lawyer acts as a defender, he shall, according to facts and laws, put forward materials and opinions on whether the criminal suspect or defendant is innocent, the crime is light or the criminal responsibility is reduced or exempted, so as to safeguard the legitimate rights and interests of the criminal suspect or defendant.