First, the legality of entrusting lawyers to appear in court.
In the case of being sued for arrears, the debtor may choose to entrust a lawyer to appear in court. This practice is legal and common in China's legal system. Entrusting a lawyer to appear in court can not only help the debtor to better cope with the lawsuit, but also reduce the psychological pressure and burden of the debtor.
Second, the signing of the entrustment agreement
In order to ensure that the entrustment relationship is clear and legal, the debtor needs to sign a clear entrustment agreement with the lawyer. The agreement shall specify the rights and obligations of both parties in detail, including the scope of agency, working methods and payment methods. In addition, the debtor should also ensure that lawyers have corresponding qualifications and experience to ensure that the case is properly handled.
Three. Obligations and rights of lawyers
After accepting the entrustment, the lawyer will participate in the trial on behalf of the debtor, put forward defense opinions and strive for legitimate rights and interests. Lawyers have the right to consult the case materials, understand the case, and communicate and negotiate with the other party or its agent. At the same time, lawyers are also obliged to provide legal advice and suggestions to debtors to ensure that their legitimate rights and interests are fully protected.
Fourth, the debtor's cooperation and supervision.
Although lawyers will fully represent debtors in court, debtors still need to supervise and cooperate with lawyers. The debtor shall provide relevant information and materials to the lawyer in time to ensure that the lawyer can fully understand the case. At the same time, the debtor should also pay attention to the progress of the case, keep close communication with lawyers and deal with various challenges in litigation.
To sum up:
When suing for arrears, the debtor may entrust a lawyer to appear in court. By signing a clear entrustment agreement, the rights and obligations of both parties are clarified, and lawyers participate in the trial on behalf of the debtor, put forward defense opinions and strive for legitimate rights and interests. However, the debtor still needs to supervise and cooperate with lawyers to ensure the smooth progress of the case.
Legal basis:
People's Republic of China (PRC) Civil Procedure Law
Article 58 provides that:
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.
People's Republic of China (PRC) Lawyers Law
Article 28 provides that:
Lawyers can engage in the following businesses:
(a) to accept the entrustment of natural persons, legal persons or other organizations as legal advisers;
(two) to accept the entrustment of the parties in civil cases and administrative cases, to act as agents and to participate in litigation;
(3) Accepting the entrustment of criminal suspects and defendants in criminal cases or legal aid agencies to act as defenders according to law, accepting the entrustment of private prosecutors in private prosecution cases, victims in public prosecution cases or their close relatives to participate in litigation as agents;
(four) to accept the entrustment and represent the complaints of various litigation cases;
(five) to accept the entrustment and participate in mediation and arbitration activities;
(6) Accepting entrustment to provide non-litigation legal services;
(seven) to answer questions about the law and write litigation documents and other documents related to legal affairs.