A lawyer's letter is a document issued by a lawyer and needs the signature of a lawyer or law firm to be valid.
Article 28 of the Lawyers Law of People's Republic of China (PRC), lawyers may 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.
Second, how to ask a lawyer to go to court
When a party is in litigation, he may want to hire a lawyer as an agent or defender to make himself in a favorable position in litigation. But how to hire a lawyer? There is also study here.
1, qualification examination. According to the Lawyers Law, a lawyer refers to a person who has obtained a lawyer's practice certificate according to law and provides legal services to the society. A person who has not obtained a lawyer's practice certificate shall not practice in the name of a lawyer, nor shall he engage in litigation agency or defense business for the purpose of seeking economic benefits. Therefore, when requesting a lawyer, the parties must examine the qualification of the lawyer and whether they have a lawyer's practice license.
2. Understand the organization. A law firm is a lawyer's practice organization. Please ask the lawyer to go to the law firm to know the practice organization where the lawyer is located. Because the Lawyers Law stipulates that if a lawyer practices illegally or causes losses to the parties due to his fault, his law firm shall be liable for compensation.
3. Sign the agreement. When hiring a lawyer, a written agreement should be signed to clarify the rights and obligations of both parties. In particular, we should not take the cost of hiring a lawyer lightly. Be sure to make it clear how much the lawsuit will win or lose, and how much the first and second trials will cost respectively. We must make it clear in the agreement that we need a receipt when we pay.
4. The authorization is clear. Some parties fill in the power of attorney when hiring a lawyer, but the scope of authorization is not clear. I think as long as I 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 the results of handling the case are not clear. Who knows, due to the legal consequences of unclear authorization, the licensor is responsible.
5. Pay carefully. Some clients believe what lawyers say. As long as the lawyer wants money, he doesn't care. The lawsuit in the first instance was lost and the lawyer appealed. He did it one by one without thinking, paid the appeal fee and then paid the lawyer's fee. He is not upset at all. In particular, the expenses of social activities such as inviting the case-handler to dinner and finding someone to dredge the relationship proposed by lawyers are even more generous, and they are often all one-off. As soon as the lawsuit was lost, Fang Da's dream woke up, he was cheated and regretted it. Therefore, the so-called activity fees demanded by lawyers, in addition to the legitimate fees that should be charged according to regulations, must be rejected.
3. When a lawyer meets a criminal suspect, can he ask for a power of attorney on other matters entrusted by him?
You can't.
According to the law, lawyers should abide by the rules when meeting criminal suspects.
1. When a lawyer requests to meet with a criminal suspect or defendant in custody, he shall present his practice certificate and provide relevant documents in accordance with these Provisions;
2. Lawyers should keep state secrets and case secrets, and keep the business secrets and personal privacy of clients;
3. A lawyer shall meet the criminal suspect and defendant in custody at the place designated by the case-handling organ.
4. Lawyers shall abide by the regulations of the guards on safety and working hours, and go through the formalities of taking the suspects and defendants into custody according to the regulations;
The above is about what happens when a lawyer appears in court without a power of attorney. I hope it helps you. On our current network, everyone's speech is not as responsible as in life. When we are violated by others, we can take up legal weapons and fight back appropriately. If you have any other legal questions, welcome to the consultation platform, and online lawyers will provide you with professional answers.