Conditions for lawyers to investigate and collect evidence
1. The applicant must be a party or its agent;
2. An application must be submitted. If a party applies to the court for investigation and collection of evidence, it shall submit a written application to the court in procedure;
3. Submit the application before the deadline. The parties and their agents ad litem shall apply to the people's court for investigation and collection of evidence no later than 7 days before the expiration of the time limit for adducing evidence. Whether to approve or not shall be decided by the people's court according to the circumstances of the case;
4. Provide necessary evidence clues, which should be substantially related to the evidence;
5. Pay the necessary expenses for the people's court to collect evidence.
To sum up, lawyers have the right to investigate and collect evidence.
Legal basis:
law of advocate
Article 35
The entrusted lawyer may, according to the needs of the case, apply to the people's procuratorate or the people's court to collect and obtain evidence or apply to the people's court to notify witnesses to testify in court. If a lawyer investigates and collects evidence by himself, he may, with the lawyer's practice certificate and the certificate of the law firm, investigate the situation related to undertaking legal affairs with the relevant units or individuals.
Article 39
A lawyer shall not act as an agent for both parties in the same case, nor shall he act as an agent for legal affairs that have conflicts of interest with himself or his close relatives.