An agent ad litem refers to a person who represents the principal in litigation activities according to the authorization of an agent.
In China, except for cases in which the parties are required by law to conduct litigation in person, victims in criminal proceedings, private prosecutors, plaintiffs, defendants and third parties in civil proceedings can all be represented by litigation agents.
trait
1. Conduct litigation activities in the name of the client. The purpose of litigation agency is to safeguard the legitimate rights and interests of the principal, so litigation can only be carried out in the name of the principal, not in its own name.
2. An agent ad litem is a person with legal capacity. A person without legal capacity cannot act as an agent ad litem. In litigation, the agent ad litem loses his capacity for litigation, that is, he loses his qualification as an agent ad litem.
3. Conduct litigation within the agency's authority. The agent ad litem's power of agency comes from the legal provisions or the authorization of the parties. Any lawsuit beyond the power of attorney is invalid and cannot produce the effect of procedural law.
4. The legal consequences of litigation agency shall be borne by the client.
You can't represent both parties in the same lawsuit. In litigation, the interests of both parties are opposite. Acting as an agent for both parties at the same time may harm the interests of one party.