After completing the agency procedures, except for divorce cases, lawyers can directly represent litigation without attending in person. If it is a divorce case, the plaintiff does not appear in court, and even if the lawyer appears in court, the court will automatically withdraw the lawsuit.
According to Article 62 of the Civil Procedure Law of People's Republic of China (PRC), if there is an agent ad litem in a divorce case, I should still appear in court unless I can't express my intention; If it is really impossible to appear in court due to special circumstances, a written opinion must be submitted to the people's court.
Article 48 of the Civil Procedure Law: Citizens, legal persons and other organizations may be parties to civil litigation.
A legal person shall file a lawsuit by its legal representative. Other organizations are sued by their principal responsible persons.
Article 49 A party has the right to entrust an agent to apply for withdrawal, collect and provide evidence, debate, request mediation, file an appeal and apply for enforcement.
The parties may consult the relevant materials of this case and copy the relevant materials and legal documents of this case. The scope and methods of consulting and copying relevant materials in this case shall be stipulated by the Supreme People's Court.
The parties must exercise their litigation rights in accordance with the law, abide by the litigation order, and perform legally effective judgments, rulings and conciliation statements.
Article 29 of the Lawyers Law of People's Republic of China (PRC)
Lawyers, as legal advisers, should provide advice to clients on relevant legal issues, draft and review legal documents, participate in litigation, mediation or arbitration activities as agents, handle other entrusted legal affairs and safeguard the legitimate rights and interests of clients.
Article 30
If a lawyer acts as an agent for litigation legal affairs or an agent for non-litigation legal affairs, he shall safeguard the legitimate rights and interests of the client within the scope of authorization.
Article 31
When acting as a defender, a lawyer shall, according to facts and laws, put forward materials and opinions on whether the criminal suspect or defendant is innocent, the crime is light or the criminal responsibility is reduced or exempted, and safeguard the litigation rights and other legitimate rights and interests of the criminal suspect or defendant.