What are the procedures for the client to entrust a lawyer?
I. Procedures for Entrusting Lawyers to Handle Cases
Basic procedures for entrusting lawyers to handle litigation cases:
1, accept the entrustment.
When a client entrusts a lawyer to participate in litigation business, he shall truthfully and comprehensively state all the facts related to the case and shall not conceal his own faults or unfavorable factors. After a comprehensive study and review of the relevant facts, a lawyer can accept the entrustment of the client if he meets the conditions for accepting the entrustment.
2. Go through the entrustment formalities.
After the lawyer agrees to accept the entrustment, the client shall go through the entrustment formalities with the lawyer. Entrusting procedures generally include:
(1). conclude a civil agency contract. Civil agency contract is a written legal document signed by law firm and client to confirm the establishment of agency relationship. The entrustment contract is made in duplicate, one for the client and one for the legal service office;
(2) fill in the power of attorney. Power of attorney is a legal document signed by the client unilaterally, which gives the lawyer the right of agency in litigation activities and is the basis for lawyers to engage in functional activities in litigation. The power of attorney is made in duplicate, one for the relevant case-handling organ and the other for the entrusted lawyer to file. Before handling the entrustment formalities, the client shall pay the lawyer's agency fee according to the prescribed standards.
3. The client shall submit the following materials to the lawyer:
(1). The identity or qualification certificate of the party concerned;
(2) Documents, bills, letters and materials related to this case;
(3). Proof documents of infringement facts and damage consequences;
(4) Other evidential materials related to this case.
4. The main work of the lawyer after accepting the entrustment (1). Provide legal advice to the client, including analyzing the case and explaining the relevant legal provisions to the client. (2) Drafting relevant legal documents for customers. (3) Investigating and collecting relevant evidence, including guiding and helping clients to collect evidence, conducting investigation and applying for identification. (4) Cooperate with or represent the parties to bring a lawsuit to a people's court with jurisdiction, and participate in litigation activities such as trial and mediation.
Two. Who can entrust a criminal defense lawyer?
1, the suspect or the defendant himself;
2. Legal representatives of criminal suspects and defendants; ("Legal representative" refers to the client's parents, adoptive parents, guardians and representatives of the organs and organizations responsible for protection);
3. Close relatives of criminal suspects and defendants; ("Close relatives" refer to husbands, wives, fathers, mothers, sons, daughters, brothers and sisters. );
4. The person entrusted by the criminal suspect or defendant;
5. Designated by the people's court.
Third, the issue of fees.
1. Considerations in determining the charging standard:
(1) Number of lawyers required to handle entrusted matters;
(2) Working hours required for handling entrusted matters;
(3) Risks and responsibilities that may be undertaken in handling legal affairs;
(four) the complexity of the entrusted matters;
(5) The value involved in the entrusted matters;
(six) the results of handling the entrusted matters;
7) Reasonable cost;
(8) the client's affordability;
(9) The lawyer's professional skills, social popularity and working experience;
(10) Fees charged by other law firms for handling similar entrusted matters.
2. The style of the bill.
When the client pays the lawyer's fee, he should ask the law firm for legal invoices and related bills.
This is the procedure that Bian Xiao shared for you about entrusting a lawyer. I believe everyone has a clear understanding of this problem. Bian Xiao still thinks that litigation is a major event, and people will never encounter it several times in their lives, but it will definitely be a major event, so you must carefully consider the choice of lawyers. If you have any legal disputes now, please consult and a professional lawyer will answer them for you.