First, how to entrust a lawyer to sue in different places
If the case is under the jurisdiction of a court in a different place, the parties may entrust a lawyer with full authority to represent the case. When entrusting a lawyer, a power of attorney shall be issued to prove the lawyer's authority.
According to the Civil Procedure Law of People's Republic of China (PRC)
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.
2. Who can be the legal representative?
Parents of minors are guardians of minors. If the parents are both dead or have no guardianship, the following persons with guardianship shall serve as guardians:
(1) grandparents, grandparents; (-) brother and sister; (three) other close relatives and friends are willing to assume the responsibility of guardianship, with the consent of the unit where the minor's parents work or the residents' committee or villagers' committee of the minor's domicile. If there is no guardian, "the unit where the minor's parents belong or the residents' committee, villagers' committee or civil affairs department where the minor is located shall act as the guardian.
An agent ad litem refers to a person who, according to the law, is appointed by the court or entrusted by the parties to conduct litigation activities in the name of one party within a certain scope of authority. The headmaster is called the headmaster or the headmaster. The authority to conduct litigation activities on behalf of the parties is called litigation agency. The purpose of litigation agency is to assist the parties to realize their litigation rights and fulfill their litigation obligations.
Third, the model litigation agency contract
Entrusted by the principle of reconciliation.
Fa (Min) Zi () No.
(hereinafter referred to as Party A) entrusts a lawyer of xx Law Firm (hereinafter referred to as Party B) to handle this dispute case, and through negotiation, both parties reach the following terms, which shall be followed by * * * *:
1. Party B accepts the entrustment of Party A and appoints a lawyer as the arbitration or litigation agent for the dispute between Party A and a company.
2. Party B's lawyer must be serious and responsible, and safeguard the legitimate rights and interests of Party A according to law.
Three. Party A must truthfully state the case to the lawyer and provide relevant evidence. If Party A fabricates facts and practices fraud, Party B has the right to terminate the agency, and the fees collected will not be refunded.
4. If the performance of the contract is terminated due to Party B's reasons, all agency fees shall be returned to Party A; If the contract is terminated due to Party A's reasons, the agency fee will not be refunded.
Verb (abbreviation of verb) The authority of Party A to entrust Party B as an agent is: specially authorized agent.
Six, according to the provisions of the lawyer service fee standard, the agency fee is: yuan.
Seven. The litigation expenses or actual expenses of this case shall be borne by Party A. ..
Eight, the two sides of the dispute friendly consultation, consultation fails, by the people's court.
9. This contract shall be valid from the date of signing to the end of this arbitration or litigation.
X. If one party requests to change the terms of the contract, both parties shall reach an agreement separately.
Party A Party B
Signature or seal: xx Law Firm
Year, month, sun, moon, sun.
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