In real life, litigation is a very complicated matter. Under normal circumstances, it is difficult for ordinary people to complete it independently. At this time, many people will seek help from lawyers. When it comes to hiring a lawyer, some people have questions. What are the responsibilities of a lawyer in court, and what issues should you pay attention to when asking a lawyer? I have answered this question below, hoping to clear up your doubts.
1. What are the responsibilities of a litigation lawyer?
Lawyers Law
Article 26
As legal advisors, lawyers shall provide consulting opinions to clients on relevant legal issues and draft and review legal documents , participate in litigation, mediation or arbitration activities as an agent, handle other legal affairs entrusted by the client, and safeguard the legitimate rights and interests of the client.
Article 27 When a lawyer acts as an agent in litigation legal matters or non-litigation legal matters, he or she shall safeguard the legitimate rights and interests of the client within the scope of entrustment authority.
Article 28
When a lawyer serves as a criminal defender, he shall, based on the facts and the law, submit evidence to prove that the criminal suspect or defendant is innocent, that the crime is minor, or that his or her criminal liability is reduced or exempted. materials and opinions to protect the legitimate rights and interests of criminal suspects and defendants.
Article 35 Lawyers shall not engage in the following conduct in their practice:
(1) Accept entrustments privately, charge fees from clients privately, or accept property from clients;
(2) Taking advantage of the convenience of providing legal services to seek the rights and interests of the parties involved in the dispute, or accepting property from the other party;
(3) Meeting with judges, prosecutors, and arbitrators in violation of regulations;
(4) Treating judges, prosecutors, arbitrators and other relevant staff as gifts or bribes, or instigating or inducing parties to pay bribes;
(5) Providing false evidence and concealing facts Or threaten or induce others to provide false evidence, conceal facts, and hinder the other party from obtaining evidence in accordance with the law;
(6) Disrupting the order of courts and arbitral tribunals and interfering with the normal conduct of litigation and arbitration activities.
2. What should you pay attention to when hiring a lawyer to litigate?
1. In-depth understanding of the organization
A law firm is a practicing organization for lawyers. Ask the lawyer to go to a regular law firm to learn about the lawyer's practice. A good law firm has a professional division of labor and has strict requirements for its lawyers. Therefore, it is necessary to have a thorough understanding of this.
2. Strict qualification review
The lawyer's practicing certificate is a symbol that distinguishes lawyers from general legal workers. Currently, there are many legal workers in the legal services market. They generally work in the name of lawyers, but in fact they are different from lawyers. Lawyers with a lawyer's practicing certificate have richer legal professional knowledge and are more confident in litigation.
3. Sign the agent carefully.
When hiring a lawyer, a written agreement must be signed to clarify the rights and obligations of both parties, especially the cost of hiring a lawyer. Generally, attorney fees are charged according to the stage of litigation, and the fees for the first instance and the second instance are calculated separately. Don't think that if you pay the lawyer's fee, the lawyer will pursue the case to the end. In addition, the charges must be clearly written in the agreement, and a receipt must be provided when paying.
4. Define the scope of authorization
Some parties fill out a power of attorney when hiring a lawyer, but it is not clear whether it is a general agent or a specially authorized agent. One side thinks that as long as you pay the lawyer, everything will be handled by the lawyer. Therefore, some parties do not appear in court at all, do not understand the progress of the case, and do not know the outcome of the case. Generally speaking, the authorizing party must bear corresponding responsibilities for the legal consequences caused by unclear authorization.
The client’s purpose in hiring a lawyer is to have the lawyer help him. Therefore, lawyers must try their best to protect the legal rights and interests of their clients during litigation.
Of course, you should also note that when hiring a lawyer, you must clearly define the scope of authorization to avoid disputes later on.