1. The customer has already entrusted it. Can a lawyer sign on my behalf?
If the client authorizes the lawyer, the lawyer can sign on his behalf. In civil trial practice, the power of attorney submitted by the parties to the court generally records three types of agency authority, namely general agency, special agency and full agency. General agency mainly refers to litigation agency behavior that does not involve the disposition of the rights and obligations of the represented entity. For example, acting as an agent to prosecute and respond to lawsuits, participating in legal investigations, mediations, court sessions, and providing signatures for receiving legal documents, subpoenas, evidence, etc. They all fall within the scope of general authorization and can replace the principal's signature. Special agency mainly refers to litigation agency behavior in which the agent enjoys the rights and obligations to dispose of the principal entity. That is, the right to admit, waive, modify claims, settle, and file counterclaims or appeals. Fully authorized agent. This can easily be confused with special agencies. Literally speaking, the scope of full agency is the broadest and is equivalent to the parties’ own expression of intention. The power of attorney submitted by ordinary citizens often states that it is a full agency, but the law stipulates that this is not the case. Paragraph 2 of Article 59 of the "Civil Procedure Law of the People's Republic of China" stipulates: "The power of attorney must state the entrusted matters and authority. The litigation agent must have special authorization from the client to admit, waive or change the litigation claims on his behalf. , conduct reconciliation, file counterclaims or appeals. ”
The parties shall sign the following documents: agency contract, power of attorney, complaint, mediation letter, appraisal application and other documents involving the substantive rights of the parties.
If it is a procedural document, such as a court summons, a list of submitted evidence materials, a voucher for payment of litigation fees, a judgment, a mediation letter and other procedural documents, the lawyer can sign on behalf of the parties based on the power of attorney from both parties. General courts will not review signatures in this regard. Unless the party raises an objection and the objection is established, the court will apply for the authenticity of the signature.
If there is authorization or approval from the party concerned, it is legal, otherwise it is illegal.
1. The client explains the specific circumstances of the case to the lawyer, and the lawyer tells the client what evidence materials need to be prepared.
2. The lawyer analyzes the risks that the case brings to the client and determines the legal fees.
3. Then sign the agency agreement and power of attorney.
4. Entrust a lawyer at any time. As long as it is before the judgment of the case takes effect.
The client has entrusted a lawyer, and the lawyer can sign on his behalf, but some documents related to the substantive rights of the parties require the signature of the parties, such as agency contracts, etc. If the parties need to appoint a lawyer, they need to explain the specific circumstances of the case to the lawyer and then sign an agency agreement.