1. Does the defendant in a dispute case have to hire a lawyer?
1. The defendant in a dispute case does not have to hire a lawyer. Without a lawyer, the following citizens, units or organizations can defend them:
code of civil law
Article 58 A party or legal representative 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;
(3) citizens recommended by the community, units and relevant social groups where the parties are located.
2. If an attorney is entrusted, a power of attorney signed or sealed by the client shall be submitted to the people's court.
According to the civil procedure law
Article 59 To entrust another person to represent the lawsuit, a power of attorney signed or sealed by the client must be submitted to the people's court.
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.
The power of attorney sent or entrusted by China * * and China citizens living abroad must be authenticated by China * * and China's embassy or consulate in that country; If there is no embassy or consulate, it shall be certified by the embassy or consulate of a third country that has diplomatic relations with the people of China, and then by the people of China and the embassy or consulate of China in a third country, or by the local patriotic overseas Chinese delegation.
Second, if you hire a lawyer, how to determine the lawyer's fee?
Attorney fees can be determined in combination with the following provisions:
Measures for the administration of lawyers' fees
Article 4
Lawyers' service fees are subject to government guidance and market adjustment.
Article 5
A law firm shall provide the following legal services according to law and implement government-guided prices:
(1) Acting as an agent in civil litigation cases;
(2) Acting as an agent in administrative litigation cases;
(3) Acting as an agent for state compensation cases;
(four) to provide legal advice to criminal suspects in criminal cases, to represent complaints and accusations, to apply for bail pending trial, and to act as the defendant's defender, private prosecutor or agent ad litem of the victim;
(5) Acting as an agent for appeals in various litigation cases.
The fees charged by law firms for providing other legal services shall be subject to market-regulated prices.
Article 6
The benchmark price and floating range of government-guided prices shall be formulated by the competent price departments of the people's governments of all provinces, autonomous regions and municipalities directly under the Central Government in conjunction with the judicial administrative departments at the same level.
Article 7
The government should listen to the opinions of all sectors of society when formulating the charging standards for lawyer services, and hold hearings when necessary.
Article 8
The government should fully consider the local economic development level, social affordability and the long-term development of the lawyer industry, and determine the charging standard according to the average compensation cost of lawyer services, plus reasonable profits and statutory taxes.
Article 9
The fees for lawyer services with market-regulated prices shall be determined by the law firm through consultation with the clients.
The following main factors shall be considered when a law firm negotiates the fees for lawyer services with its clients:
Working hours spent;
(two) the difficulty of legal affairs;
(3) the client's affordability;
(4) Risks and responsibilities that lawyers may bear;
(5) The lawyer's social reputation and working level.
Article 10
According to different service contents, lawyers' service fees can be charged on a case-by-case basis, in proportion to the bid amount and by time.
Piece rate is generally applicable to legal affairs that do not involve property relations;
Charging according to the proportion of the winning bid amount is applicable to legal affairs involving property relations;
Time charge is applicable to all legal affairs.
Because there is no mandatory provision in the legal norms, the plaintiff and defendant who are caught in a civil dispute and have brought a lawsuit to the court can decide whether to hire a lawyer or not. If you ask a lawyer to handle litigation matters, you need to sign a power of attorney with the lawyer and submit this power of attorney to the court.