Lawyer's representation is one of lawyers' businesses. Refers to lawyers' agents in civil litigation, administrative litigation and criminal private prosecution cases. Broadly speaking, it also includes lawyer's mediation and arbitration activities. The duty of a lawyer's agency is to safeguard the legitimate rights and interests of the client within the scope of authority entrusted. The litigation and legal acts carried out by the agent within the scope of agency authority have the same effect as the client's own litigation and legal acts.
Generally authorized lawyers can only engage in procedural work, such as self-admission, change, abandonment of litigation request, counterclaim, mediation, etc. Without the special authorization of the client, lawyers can't deal with them; Special authorization does not have the above problems, and the agent's behavior is usually recognized as the principal's behavior, including the above-mentioned treatment of various substantive rights.
legal ground
Article 3 of the Lawyers Law of People's Republic of China (PRC): Lawyers must abide by the Constitution and laws, and strictly abide by their professional ethics and practice discipline.
Lawyers' practice must be based on facts and take the law as the criterion.
Lawyers' practice should be supervised by the state, society and the parties concerned.
Lawyers' legal practice is protected by law, and no organization or individual may infringe upon the legitimate rights and interests of lawyers. Article 54 If a lawyer practices illegally or causes losses to his client due to his fault, his law firm shall be liable for compensation. After making compensation, a law firm may claim compensation from a lawyer who has committed intentional or gross negligence. Article 14 A law firm is a lawyer's practice institution. The establishment of a law firm shall meet the following conditions:
(1) Having its own name, domicile and articles of association;
(2) Having lawyers who meet the requirements of this Law;
(3) The promoter shall be a lawyer who has a certain practice experience and has not been punished for stopping practicing within three years;
(4) Having assets that meet the requirements of the judicial administrative department of the State Council.