A lawyer is required for criminal cases. The agent in civil litigation does not necessarily have to be a lawyer, but can also be a legal worker, a relative of the party concerned, or a staff member of the unit. In criminal cases, only lawyers can serve as litigation agents, and other citizens cannot serve as litigation agents; in general civil cases, except for persons without capacity for civil conduct, persons with limited capacity for civil conduct, persons who may harm the interests of the principal, and people who the people's court deems unfit to serve as litigation representatives Any person other than an attorney may serve as an agent ad litem.
The procedures for entrusting an agent are as follows:
1. The party entrusts a person recommended by his close relatives, social groups and the unit where the party works as a litigation agent, and must first sign a contract between the client and the respondent. In an entrustment contract between principals, the power of attorney must prove the entrusted matters and authority. The power of attorney should be signed or sealed by both the principal and the principal. Then upon review and approval by the People's Court, the principal-agent relationship is established.
2. When a party entrusts a lawyer to act as a litigation agent, he must go to a law firm to complete the entrustment procedures. The parties may designate their own attorneys and sign an entrustment contract with their consent; if the parties cannot appoint their own attorneys as their litigation representatives, or the attorneys they entrust do not agree to sign an entrustment contract, they may also request a law firm to serve as their attorneys. Appoint a lawyer of your choice as your litigation representative.
Legal basis:
Article 58 of the "Civil Procedure Law of the People's Republic of China" The parties and legal representatives may entrust one or two people as litigation agents.
The following persons may be entrusted as litigation agents:
(1) Lawyers and grassroots legal service workers;
(2) Close relatives or employees of the parties concerned Personnel;
(3) Citizens recommended by the community, unit and relevant social groups where the party is located.