If there is no identity relationship involved, the lawyer can be fully represented and the parties may not appear in court. Cases involving personal nature, such as divorce, can only be represented, and the parties need to appear in court.
In the course of litigation, lawyers can accept full power of attorney, but the parties must issue a power of attorney. According to the provisions of Article 59 of the Civil Procedure Law, a power of attorney signed or sealed by the client must be submitted to the people's court when entrusting others to represent the litigation.
The power of attorney must specify the entrusted matters and authority. An agent ad litem must have the special authorization of the client, and can admit, waive or change the claim, make a settlement, file a counterclaim or appeal on his behalf.
At the same time, if the client is the plaintiff, he must attend the trial. If he cannot attend the trial, he must obtain the consent of the court. According to the provisions of Article 143 of the Civil Procedure Law, if the plaintiff refuses to appear in court without justifiable reasons after being summoned by summons, or withdraws from court without the permission of the court, it may be treated as withdrawing the lawsuit; If the defendant counterclaims, he may make a judgment by default.
Extended data
You can entrust a lawyer to write a complaint or collect evidence. According to the provisions of Article 28 of the Lawyers Law, lawyers may 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.