First, during the internship, does the court allow civil litigation lawyers to appear in court?
20 13 After the implementation of the newly revised Civil Procedure Law, courts in Beijing, Shanghai, Guangzhou, Shenzhen and other places all refused to file a case, sign relevant legal documents and appear in court. Article 58 of the new Civil Procedure Law stipulates that when general civil agency is prohibited, a large number of interns will be excluded, that is, interns will not be able to participate in civil litigation business together with practicing lawyers as litigation agents. However, in practice, the practices of local courts are not consistent. Some courts allow interns to appear in court with lawyers, while others do not. However, with the official promulgation of the judicial interpretation of the new People's Procedure Law on 20 15, this situation has been completely changed. So, does the trainee lawyer have the right to appear in court as an agent ad litem?
Article 58 of the new Civil Procedure Law stipulates: "The parties and legal representatives may entrust one or two persons as agents ad litem. The following persons may be entrusted as agents ad litem:
(1) Lawyers and grassroots legal service workers;
(2) Close relatives or staff members of the parties concerned;
(three) citizens recommended by the community, units and relevant social groups where the parties are located. "
However, it is not clear whether "lawyers and grassroots legal service workers" in the above terms include trainee lawyers, which is also the fundamental reason for the inconsistent practices in various places.
However, with the official promulgation of Judicial Interpretation 20 15 of Xinmin Procedural Law, trainee lawyers have no chance to appear in court as litigation agents.
Article 88 of the judicial interpretation of Xinmin procedure law clearly stipulates:
In addition to submitting a power of attorney in accordance with Article 59 of the Civil Procedure Law, an agent ad litem shall also submit relevant materials to the people's court in accordance with the following provisions:
(1) A lawyer shall submit the lawyer's practice certificate and the certification materials of the law firm;
(2) Grassroots legal service workers shall submit the practice certificate of legal service workers, the letter of introduction issued by grassroots legal service and the certification materials that one party is located in this area;
The requirement of this clause means that trainee lawyers are completely excluded from the agency litigation cases.
To sum up, with the introduction of the latest interpretation of the Civil Procedure Law, lawyers must submit their practice certificates when they appear in court, while interns can't appear in court without their practice certificates and can only do auxiliary work in cases. Does the court allow civil litigation lawyers to appear in court during the internship? Interns all over the country must be cautious and honest when dealing with this problem, so as not to violate the laws and regulations of our country and affect their internships.