1. How to hire a lawyer?
1. Hire a lawyer promptly.
If you hire a lawyer in time, the lawyer can not only promptly collect and fix evidence that is beneficial to the parties according to the needs of the case, but also quickly take effective countermeasures to safeguard the legitimate rights and interests of the parties. Some clients take their chances when faced with legal difficulties, and when the situation worsens, they call in a lawyer again. At this time, there is nothing the lawyer can do because the evidence is difficult to obtain or has been destroyed, or the statute of limitations has expired, or it has entered a specific litigation process.
2. Choose a lawyer from a regular law firm.
Pay attention to check whether there is a law firm practice license issued by the provincial judicial administrative agency; understand what a lawyer's long-term experience and good professional quality are; there are three types of lawyers: full-time, part-time, and special invitations. The client should check whether the lawyer's practicing certificate has passed annual inspection and registration. If the lawyer commits illegal acts, it is best to keep a copy for reporting to the judicial administrative department. Regardless of whether it is named by oneself or introduced by others, the parties concerned should go to a regular law firm to negotiate and handle the entrustment procedures.
3. Sign a standardized and complete entrustment agreement.
The parties shall sign an agency agreement (or contract) and a power of attorney with the lawyer. The agency agreement shall include the entrustment matters, entrustment period, fees, work requirements, compensation liability, termination conditions, liability for breach of contract, etc. There are usually two types of agents: general agents and specially authorized agents.
General representation refers to representation only for general litigation rights, such as the right to sue, the right to appeal, the right to apply for avoidance, the right to provide evidence, the right to debate, etc. Specially authorized agency refers to the agency of litigation rights closely related to substantive rights, such as recognition, waiver, change of the principal's litigation claims, settlement, filing of counterclaims or appeals on behalf of the principal, etc.
Therefore, when filling out the power of attorney, the parties should pay attention to clearly stating the agency authority in light of the actual circumstances of the case. When granting the above-mentioned special authorization to an agent, the specific content of each special authorization should be stated to prevent the agent from violating the true wishes of the client and causing unnecessary losses.
4. Be wary of “three guarantees” lawyers.
At present, in order to obtain the source of the case, some lawyers violate professional ethics and irresponsibly promise the "three guarantees" (guaranteed victory, guaranteed release, and guaranteed innocence) to their clients. Litigation itself is a risky activity with no absolute outcome. Litigants should be wary of such "breast-beating" lawyers, because "litigation is all about producing evidence," and the "time" of litigating a lawsuit should be spent on investigation and evidence collection. When necessary, the parties may sign a risk agency contract with a lawyer.
5. Written legal advice is required.
As for the lawyer's representation opinions or work status, the parties may request written legal opinions or agency work reports, which are not limited to oral explanations. If a lawyer is dissatisfied with the quality of service, does not act in accordance with the entrustment agreement, or causes losses due to work errors, the client may complain to the local judicial bureau or bar association and require them to bear legal responsibilities such as compensation.
2. Understand the job responsibilities of lawyers:
(1) Serve as a legal advisor, provide advice to clients on relevant legal issues, assist in drafting and reviewing legal documents, and participate in litigation as an agent , mediation or arbitration activities, handle other legal affairs entrusted by the client, and safeguard the legitimate rights and interests of the client;
(2) As a litigation agent, you should do a good job before appearing in court in accordance with legal provisions and authorized authority. Preparatory work, timely participation in litigation, and safeguarding the client's legitimate rights and interests;
(3) The lawyer hired by the criminal suspect shall provide him with legal advice and may represent him in appeals, accusations and applications for bail pending trial;
(4) As a criminal defender, based on the facts and the law, you should submit materials and opinions that prove that the criminal suspect or defendant is innocent or the crime is minor, reduce or exempt him from criminal liability, and safeguard the criminal suspect or defendant’s rights. Legitimate rights and interests;
(5) As an agent in non-litigation legal matters, you should complete the entrusted matters within the scope of entrusted authority and provide legal aid to the client in accordance with the law.
3. Several issues that should be paid attention to when hiring a lawyer
1. Pay attention to the timeliness of employment. Hiring a lawyer in time will help you collect and fix evidence in a timely manner and take the initiative in the development of the situation. Otherwise, some evidence will be difficult or even impossible to obtain, which will make you artificially passive in the development of the situation, and is more likely to cause irreparable losses. If the statute of limitations expires, rights are no longer protected by law.
2. Pay attention to completing the employment procedures. When you need legal help from a lawyer, you can sign an entrustment contract with a law firm and hire a lawyer at any time. The lawyer can first negotiate with the contractor about the specific service items, time, and charging standards, and then go to the reception room of the law firm, sign a written contract with the official seal of the law firm, and pay the lawyer's commission fee. The law firm will issue relevant letters and bill. In litigation cases, the parties must also fill in a power of attorney to clarify the agent's authorization authority.
3. You should hire a practicing lawyer from a regular law firm. A law firm is the place where lawyers practice. Only by obtaining a lawyer's practicing certificate can one engage in legal practice in a law firm.
4. The case should be truthfully stated to the lawyer and evidence should be provided. Only by truthfully stating the facts of the case to the lawyer and providing relevant evidence and materials can the lawyer grasp the facts of the case realistically and make corresponding judgments accordingly. The current legal services market is relatively chaotic, and there are many "dirty lawyers" pretending to be lawyers. When hiring a lawyer, you should: Go to a regular law firm to hire a lawyer and check the lawyer's practicing certificate. The "lawyer practicing certificate" is a red cover with the words: "Chinese People * * * and Chinese Lawyer Practicing Certificate."
Fourth, the process of hiring a lawyer
1. The parties Sign an agency contract with a law firm.
2. Agree on the rights and obligations between the law firm and the client in the agency contract, and clarify the specific legal affairs and lawyer fees.
3. Pay attorney fees to the law firm in accordance with the attorney agency contract;
4. According to the relevant provisions of my country’s Lawyers Law, attorney fees are collected uniformly by the law firm , lawyers cannot charge privately.
5. According to the provisions of the lawyer service contract, issue the necessary power of attorney to the lawyer to handle legal affairs.
6. The content of the power of attorney should be based on the specific legal affairs handled by the lawyer, indicating the specific matters entrusted, not just the power of attorney, which should be limited to the legal affairs handled by the lawyer.
Finally, I would like to remind you, never think that a lawyer can only act as your litigation agent or defender. In daily life, a lawyer can also protect your legal rights from infringement and understand the differences in interests between you and others.
In short, if you want to choose the right lawyer, Jerry is your only choice.