First, how should I write the entrustment agreement for lawyers to meet?
The scope of authorization and the basic information of both parties shall be clearly stated in the entrustment agreement for lawyers to meet.
(a) according to the scope of authority of the trustee, the entrustment contract can be divided into special entrustment and general entrustment.
Special entrustment Special entrustment refers to the entrustment that the principal specially entrusts the trustee to handle one or more affairs;
General entrustment General entrustment refers to the entrustment that the principal entrusts the trustee to handle all affairs. Regarding special entrustment and general entrustment, "the principal may entrust the trustee to handle one or more specific affairs, or may entrust the trustee to handle all general affairs."
(2) According to the number of agents, the entrustment contract can be divided into separate entrustment and simultaneous entrustment.
Independent entrustment means that the trustee is entrusted by one person; * * * The same entrustment means that the trustee is entrusted by more than two people.
* * * Regarding the entrustment of * * *, "If two or more trustees jointly handle the entrusted affairs, they shall be jointly and severally liable to the principals."
(3) According to different agents, the entrustment contract can be divided into direct entrustment and sub-entrustment.
Direct entrustment Direct entrustment refers to the entrustment of the principal directly selecting the trustee;
(4) sub-delegation. Sub-entrustment refers to the entrustment of the trustee to re-select the trustee for the principal.
Where the agent entrusts the client, it shall obtain the consent of the client, except in case of emergency, where the agent needs to entrust the client in order to safeguard the interests of the client. Regarding sub-entrustment, "with the consent of the principal, the agent may sub-entrust. If the entrustment is approved, the principal may directly instruct the third party to entrust the entrusted affairs, and the agent is only responsible for the entrustment of the third party and its instructions to the third party. If there is no agreement on entrustment, the trustee shall be responsible for the behavior of the entrusted third party, except that the trustee needs to entrust in order to safeguard the interests of the principal in an emergency. "
Second, what are the characteristics of the entrustment contract?
(a) Based on the mutual trust between the principal and the trustee.
Therefore, choosing the trustee to do things for himself is based on his understanding and trust in the trustee's ability and credibility; The trustee accepts the entrustment because he is willing to serve the client and can complete the entrusted affairs, which is also based on his understanding and trust in the client. Therefore, the entrustment contract can only occur between specific people who trust each other. Without mutual trust and voluntariness of both parties, the entrustment contract relationship cannot be established, and even if it is established, it is difficult to consolidate. Therefore, in the entrustment contract, the trustee shall personally handle the entrusted affairs, and shall not entrust others to handle the entrusted affairs without the consent of the principal. At the same time, after the establishment of the entrustment contract, any party has no confidence in the other party and can terminate the entrustment contract at any time.
(2) The object is to handle entrusted affairs.
Entrustment contract is a kind of contract for providing labor services, the object of which is labor services, which is embodied in that the client handles entrusted affairs for the trustee. Regarding the scope of entrusted affairs, entrusted affairs are not limited to legal acts, so the interpretation should not be limited to legal acts. However, it should be pointed out that the scope of entrusted affairs is not unlimited, and entrusted affairs must be carried out by the client and must not violate the law or social interests or social morality.
(3) The trustee handles the entrusted affairs in the name of the principal at his own expense.
Unless otherwise provided by law, the trustee shall not handle affairs in his own name and expenses, but shall handle affairs in the name and expenses of the principal. Therefore, the trustee of the entrustment contract shall bear the consequences of handling the entrusted affairs directly by the principal. This is an important difference between entrustment contract and brokerage contract, contracting contract, intermediary contract and other similar contracts.
In contemporary society, if it is a criminal case, you can entrust a lawyer to defend yourself. Of course, lawyers need to issue a power of attorney to meet criminal suspects. The specific contents of the power of attorney include the meeting with the entrusting organ and some basic information of the principal and the trustee. The content of this commission is very important.