2. How to ask a lawyer to go to court?
3. How to sign a contract with a lawyer
4. Is it necessary to sign a contract with a lawyer for a lawsuit?
Matters needing attention in entrusting a lawyer to file a lawsuit and sign a contract
The matters needing attention in signing a contract with a lawyer are whether the lawyer has the corresponding agency qualification and the corresponding civil capacity; Agreement on lawyer's agency authority and agency fee; And whether the contents of the contract are true and legal.
How to hire a lawyer to file a lawsuit?
According to the law, the ways to ask a lawyer to bring a lawsuit are as follows: first, the law firm accepts the entrustment uniformly, signs a written entrustment contract with the client, collects fees according to the state regulations and records them truthfully. Lawyers, as legal advisers, should provide legal advice to clients, draft and review legal documents, and participate in litigation and other activities as agents in accordance with the agreement.
Article 25 of the Lawyers Law of People's Republic of China (PRC)
When a lawyer undertakes business, the law firm shall accept the entrustment uniformly, sign a written entrustment contract with the client, collect fees uniformly according to the provisions of the state and record them truthfully.
Law firms and lawyers shall pay taxes according to law. Article 29 As a legal adviser, a lawyer shall, in accordance with the agreement, provide advice to the client on relevant legal issues, draft and review legal documents, participate in litigation, mediation or arbitration activities as an agent, handle other legal affairs entrusted, and safeguard the legitimate rights and interests of the client.
How to sign a contract with a lawyer
Signing a contract with a lawyer is an entrustment contract. When signing an entrustment contract, you should pay attention to the following aspects: the specific entrustment matters should be agreed, the law firm should appoint an agent according to your requirements, the law firm should specify your authorization, whether it is a general agent or a special authorization, the obligations of the law firm and the agent (the principal), the obligations of you (the principal), the legal fees to be paid, the validity period of the contract, the conditions for termination of the contract, and the parties. Article 9 19 of General Principles of Civil Law of People's Republic of China (PRC) is a contract in which the client and the trustee agree that the trustee shall handle the client's affairs. Article 929 Where a paid entrustment contract causes losses to the principal due to the fault of the agent, the principal may demand compensation for the losses. In a gratuitous entrustment contract, if the principal suffers losses due to the intentional or gross negligence of the agent, the principal may request compensation for the losses. If the agent exceeds his authority and causes losses to the principal, he shall compensate for the losses. Article 922 The agent shall handle the entrusted affairs in accordance with the instructions of the principal. If it is necessary to change the client's instructions, it shall be approved by the client; If it is difficult to get in touch with the client due to an emergency, the agent shall properly handle the entrusted affairs, but shall report the situation to the client in time afterwards.
Do I need to sign a contract with a lawyer to ask a lawyer to file a lawsuit? You need to sign an agency contract with a law firm, which will clearly stipulate the rights and obligations of both parties. Entrusting a lawyer to handle litigation matters requires signing a power of attorney with the lawyer. When representing litigation affairs, lawyers must submit a power of attorney to the court. It is illegal not to sign, which is easy to cause controversy. The power of attorney must specify the entrusted matters and authority. An agent ad litem must have the special authorization of the client, and can admit, waive or change the claim, make a settlement, file a counterclaim or appeal on his behalf. Article 25 of the Lawyers Law of People's Republic of China (PRC) * * * lawyers shall be entrusted by the law firm, sign a written entrustment contract with the client, collect fees in accordance with state regulations, and record them truthfully. Law firms and lawyers shall pay taxes according to law.
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