1. Can the entrusted agent cancel the entrustment after being entrusted?
If the case has been prosecuted, the attorney can be revoked and replaced with a new lawyer, or the lawyer can be stopped and the litigation affairs can be handled by himself. If it is necessary to revoke the entrustment, it is necessary to issue a notice of revocation to the lawyer and inform the court. Because bringing a lawsuit is the right of the parties themselves and they have the right to exercise it. The lawyer hired is only to provide legal assistance to the client. Therefore, whether to hire a lawyer is up to the parties themselves.
Article 58 of the Civil Procedure Law stipulates that the parties and their legal representatives may entrust one or two persons as agents ad litem.
Article 60 If the authority of an agent ad litem is changed or revoked, the parties shall notify the people's court in writing, and the people's court shall notify the other party.
Second, how to sign a lawyer's agency contract
After determining the lawyer you need, according to the law, you should sign an employment contract with the law firm where the lawyer is located, that is, an agency agreement. This agreement will determine the agency relationship between you and the law firm and lawyers, and stipulate their respective rights and obligations.
Law firms will generally provide you with an agency agreement in a fixed format. What you need to do is to review the content and fill in your specific situation in the blank of the agreement. Of course, this matter is by no means so simple. Some issues that are very important to you are often overlooked in the blank contracts provided by law firms. Unfortunately, you may also ignore them when signing a contract.
A formal agency agreement generally contains many clauses and the following substantive contents, which you can refer to:
(1) What are the entrusted matters?
(2) What should an attorney do for you? How to ensure the efficiency and responsibility of lawyers?
(3) What rights are you willing to give this lawyer?
(4) What help should you provide to lawyers?
(5) What fees need to be paid? What is the calculation method and payment method of each of these expenses? How to save lawyers' working expenses? Is there a preliminary estimate of the total cost?
(6) What responsibility should the non-performing party bear? How to determine one party's breach of contract?
(7) Under what circumstances do you or the law firm have the right to terminate the contract? How to bear the consequences of this?
(8) How to handle disputes?
In addition, you can ask any questions you think are important and negotiate with the law firm to write them into the contract.
In fact, in many cases, the blank contract issued by the law firm should have contained all the above important contents. At this time, you need to pay attention to whether the contract terms are accurate, specific and complete.
First of all, on substantive issues, any vague wording may eventually lead to your loss. Therefore, language such as "in principle" and "as far as possible" should be avoided unless you really don't pay attention to a specific right involved.
Third, the necessity of entrusting a lawyer.
If you don't know the law and don't entrust a professional lawyer, when you get the traffic accident appraisal, if you are not satisfied with the accident appraisal, the professional lawyer will help you apply to the traffic management department of the public security organ at the next higher level for review within three days. Then you lose the right to apply for a review.
If you don't understand the law and don't entrust a professional lawyer to guide you on how to collect evidence, it will be difficult to get full compensation for the related expenses of hospitalization. If you don't understand the law and entrust a professional lawyer when the injured person is discharged from the hospital for disability grade appraisal, and the appraisal items are incomplete when applying for appraisal, your compensation amount will be difficult to get support.
When the injured are discharged from the hospital, the hospital should issue some certificates as evidence for asking for lost time, nursing fees, nutrition fees and follow-up treatment fees in the future.
If you don't understand the law and don't entrust a professional lawyer, the compensation will be reduced by 2/3. There are urban standards and rural standards in traffic accident compensation, and the difference between them is about 2/3. However, the Supreme People's Court stipulates that rural residents who meet certain conditions can also make compensation according to city standards, and this professional lawyer knows exactly what evidence can be collected and compensated according to city standards.
If you don't know the law and don't entrust a professional lawyer, you may not get compensation for mental damage and lose this right. The compensation for mental damage in traffic accident compensation can only be obtained through court judgment or mediation (except that the insurance company or the car owner voluntarily bears it).
The above gives you a detailed introduction about whether you can cancel the lawyer's entrustment after entrusting a lawyer. From the above reading, we can know that after the parties entrust a lawyer, they can cancel the entrustment of a lawyer. If you have any other legal questions, please feel free to consult. We will have a professional lawyer to answer your questions.