According to Article 35 of People's Republic of China (PRC) Lawyers Law, lawyers have the legal right to investigate and collect evidence, but they can choose whether to exercise this right according to the needs of specific cases. Therefore, investigation and evidence collection is a lawyer's legal right rather than obligation, but the parties may stipulate in the power of attorney that the lawyer will investigate and collect evidence. If the lawyer does not collect evidence, the party concerned has the right to terminate the entrustment at any time.
1. Lawyers' right to investigate and collect evidence refers to the right of lawyers to investigate, understand the situation, collect and obtain relevant evidence in the course of practicing activities.
Article 35 of the Lawyers Law stipulates that "an entrusted lawyer may apply to the people's procuratorate or the people's court for collecting and obtaining evidence or to the people's court for notifying witnesses to testify in court according to the needs of the case. If a lawyer investigates and collects evidence on his own, he can investigate the situation related to undertaking legal affairs with the lawyer's practice certificate and the certificate of the law firm. "
2. Lawyer's obligation refers to the duties that lawyers should perform in their practice activities and the responsibilities of legal behavior norms that they should abide by.
Lawyer's obligation refers to the duties that lawyers should perform in their practice activities and the responsibilities of legal behavior norms that they should abide by. Lawyers should keep confidential the information and materials that their clients and others are unwilling to disclose in their practice activities.
However, criminal facts and information that endanger national security, public safety and other serious personal and property safety of others are not included.
Lawyer:
Refers to the practitioners who have obtained the lawyer's practice certificate according to law, accepted the entrustment or assignment, and provided legal services for the parties.
Lawyers must pass the legal professional qualification examination and obtain the lawyer's practice certificate according to law before they can practice. 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 clients and working status, lawyers can be divided into social lawyers, corporate lawyers and public lawyers. Lawyer's business is mainly divided into litigation business and non-litigation business.
On August 20th, 2002/kloc-0, the 30th session of the 13th the National People's Congress Standing Committee (NPCSC) passed the Law of People's Republic of China (PRC) on Legal Aid, and law firms, grassroots legal service offices, lawyers and grassroots legal service workers are obliged to provide legal aid according to law.
To sum up, lawyers can choose whether to exercise this right according to the needs of specific cases. Therefore, investigation and evidence collection is a lawyer's legal right rather than obligation.
Legal basis:
Article 40 of the Lawyers Law of People's Republic of China (PRC)
The lawyers association shall perform the following duties:
(a) to ensure that lawyers practice according to law and safeguard the legitimate rights and interests of lawyers;
(2) Summarizing and exchanging the working experience of lawyers;
(3) Organizing professional training for lawyers;
(four) education, inspection and supervision of lawyers' professional ethics and practice discipline;
(5) Organizing lawyers to carry out foreign exchanges;
(six) mediation of disputes arising from the practice of lawyers;
(seven) other duties as prescribed by law.
Lawyers' associations shall reward or punish lawyers in accordance with their articles of association.