Without special circumstances, lawyers are responsible for defending the evidence of the parties in court, and it is not necessarily the responsibility of lawyers to collect evidence.
A lawyer refers to a person who is entrusted or assigned to provide legal services such as litigation agency or defense business for the parties.
Lawyers must pass the legal professional qualification examination and obtain the lawyer's practice certificate according to law before they can practice. According to the nature of work, lawyers can be divided into full-time lawyers and part-time lawyers; According to the scope of business, lawyers can be divided into civil lawyers, criminal lawyers and administrative lawyers; According to clients and working status, lawyers can be divided into social lawyers, corporate lawyers and public lawyers. Lawyer's business is mainly divided into litigation business and non-litigation business.
As far as the qualifications of "lawyer" are concerned, they include: first, they have certain legal knowledge, and according to the provisions of the current Lawyers Law, they have legal knowledge of "bachelor degree or above in law major in colleges and universities" or "bachelor degree or above in other majors in colleges and universities"; The second is to pass the national "legal professional qualification examination" and obtain qualifications; The third is to obtain a practicing certificate with the approval of the national judicial administrative department; Fourth, provide legal services to the society and take it as a profession.
Lawyers can engage in the following businesses:
1. Accept the entrustment of natural persons, legal persons or other organizations to serve as legal advisers;
2, accept the entrustment of the parties in civil cases and administrative cases, as agents, to participate in litigation;
3. Accept the entrustment of criminal suspects and defendants in criminal cases or the assignment of legal aid agencies as defenders, accept the entrustment of private prosecutors in private prosecution cases, victims in public prosecution cases or their close relatives as agents and participate in litigation;
4. Accept the entrustment and represent the complaints of various litigation cases;
5. Accept the entrustment and participate in mediation and arbitration activities;
6. Accept the entrustment to provide non-litigation legal services;
7. Answer legal advice and write litigation documents and other documents related to legal affairs.
Article 29 of the Lawyers Law of People's Republic of China (PRC) * * As a legal adviser, a lawyer shall, in accordance with the agreement, provide advice to the client on relevant legal issues, draft and review legal documents, participate in litigation, mediation or arbitration activities as an agent, handle other entrusted legal affairs, and safeguard the legitimate rights and interests of the client.