1. What are the duties of lawyers?
Article 26 of the Lawyers Law: When a lawyer acts as a legal adviser, he shall provide advice to the client on relevant legal issues, draft and review legal documents, act as an agent for litigation, mediation and arbitration, handle other legal affairs entrusted by the client, and safeguard the legitimate rights and interests of the client.
Article 27 A lawyer representing litigation legal affairs or non-litigation legal affairs shall safeguard the legitimate rights and interests of clients within the scope of entrustment.
Article 28 When acting as a criminal defender, a lawyer shall, according to facts and laws, put forward materials and opinions to prove that the criminal suspect or defendant is innocent or light, or to reduce or exempt his criminal responsibility, so as to safeguard the legitimate rights and interests of the criminal suspect or defendant.
Article 35 A lawyer shall not commit any of the following acts in his practice:
(1) Accepting entrustment without permission, charging fees from customers without permission, and accepting property from customers;
(two) to seek the disputed rights and interests of the parties or accept the property of the other party by taking advantage of the convenience of providing legal services;
(3) Meeting with judges, prosecutors and arbitrators in violation of regulations;
(4) treating judges, prosecutors, arbitrators and other relevant staff as gifts or paying bribes, or instigating or inducing the parties to pay bribes;
(5) Providing false evidence, concealing facts or threatening or inducing others to provide false evidence, concealing facts, and obstructing the other party from obtaining evidence according to law;
(6) Disrupting the order of courts and arbitration tribunals and interfering with the normal conduct of litigation and arbitration activities.
Second, what should I pay attention to when looking for a lawyer to file a lawsuit?
1, learn more about the organization;
A law firm is a lawyer's practice organization. Ask a lawyer to go to a regular law firm in order to know the practice institution where the lawyer is located. A good law has a division of labor among all majors and is strict with its own lawyers. Therefore, it is necessary to have a thorough understanding of this.
2. Strictly examine the qualifications;
Lawyer's practice certificate is a sign to distinguish lawyers from general legal workers. At present, there are many legal workers in the legal service market. They usually work in the name of lawyers, but in fact they are different from lawyers. A lawyer with a lawyer's practice license is more knowledgeable in law and more confident in litigation.
3. Seriously sign the agency;
When hiring a lawyer, a written agreement should be signed to clarify the rights and obligations of both parties, especially the fees for hiring a lawyer should not be sloppy. General attorney's fees are charged according to the litigation stage, and the fees of first instance and second instance are calculated separately. Don't think that the lawyer will carry the case through to the end by paying the lawyer's fee. In addition, the fees should be clearly written in the agreement, and there should be a receipt when paying.
4. Clear the scope of authorization;
Some parties fill in the power of attorney when hiring a lawyer, but it is not clear whether it is the general agent or the specially authorized agent. One side thinks that as long as you pay the lawyer, everything will be handled by the lawyer. Therefore, some parties do not appear in court at all, do not understand the progress of the case, and the results of handling the case are not clear. Generally speaking, the licensor should bear the corresponding responsibility for the legal consequences caused by unclear authorization.
Lawyers have a very important position in our country. Many of them hoped to safeguard their legitimate rights and interests after entrusting lawyers at that time, so for lawyers, they have the responsibility to safeguard the interests of their clients. And provide related mediation or other services.