In civil litigation, if the parties and their agents are unable to collect evidence on their own due to objective reasons, their agents may apply, and with the approval of the people's court that accepts the case, the designated agent shall provide evidence to the person under investigation. Units, organizations or individuals investigate and collect relevant evidence. The conditions for applying for a lawyer's investigation order include that the applicant must be a party to a case that has been accepted by the court or a litigation agent entrusted by the party, and must submit an application to the People's Court, stating the evidence to be collected and the facts to be proved, as well as the inability to obtain Reasons for evidence.
Lawyers bear a variety of responsibilities and obligations in practice, mainly including:
1. Provide legal consultation and suggestions to clients: Lawyers should provide opinions on relevant legal issues, draft and Review legal documents and represent clients in litigation mediation or arbitration activities.
2. Protect the client’s legitimate rights and interests: In litigation legal matters or non-litigation legal matters, lawyers should safeguard the client’s legitimate rights and interests within the scope of entrustment.
3. Keeping secrets: Lawyers must keep state secrets and business secrets of their clients known to them during their professional activities, and must not disclose the privacy of their clients.
To sum up, if a lawyer meets the conditions, he can apply to the court for an investigation order to collect evidence that he cannot obtain due to objective reasons.
Legal basis:
Lawyers Law of the People's Republic of China
Article 35
The entrusted lawyer may, according to the needs of the case, Apply to the People's Procuratorate or the People's Court to collect and obtain evidence, or apply to the People's Court to notify witnesses to appear in court to testify.
If a lawyer investigates and collects evidence on his own, he may investigate the situation related to the handling of legal affairs to relevant units or individuals with his lawyer's practicing certificate and law firm certificate.