In the power of attorney, it is necessary to explain in detail the matters that need to entrust a lawyer. If a lawyer cannot provide a power of attorney to the court during the defense period, it may lead to his inability to exercise his right to consult the case file as a defense lawyer, which is not conducive to protecting the rights and interests of the client.
Does a lawyer need a power of attorney to defend himself?
Lawyers need power of attorney to defend themselves. Lawyers' immunity from criminal defense is generally limited to criminal litigation activities, which is mainly due to the disparity in strength between the prosecution and the defense in criminal litigation. Lawyers are at greater risk in criminal defense activities, and their personal rights and litigation rights are more vulnerable to illegal infringement.
The entrustment agreement is a special agreement with entrustment nature. Entrustment agreement can be divided into project entrustment agreement, project entrustment agreement and authorization entrustment agreement. The text messages sent by the law firm are all false. First of all, this is a collection or other means. Commonly used words are used to collect debtors, which is a means to oppress the psychology of the parties. Secondly, what the lawyer said has no legal effect, but only serves as a notice, and the parties can not cooperate, so it is false. As long as it is not a court summons, it can be treated coldly. The lawyer's letter has no legal benefit, because it is only a notice from the judiciary or private individuals. Let me give you an example: just like your friend sends you an invitation and a notice, whether you will attend or not is your personal wish, so don't be afraid, just give it a cold treatment.
Lawyer:
Refers to the practitioners who have obtained the lawyer's practice certificate according to law, accepted the entrustment or assignment, and provided legal services for the parties.
Lawyers must pass the legal professional qualification examination and obtain the lawyer's practice certificate according to law before they can practice. According to the nature of work, lawyers can be divided into full-time lawyers and part-time lawyers; According to the scope of business, lawyers can be divided into civil lawyers, criminal lawyers and administrative lawyers; According to clients and working status, lawyers can be divided into social lawyers, corporate lawyers and public lawyers. Lawyer's business is mainly divided into litigation business and non-litigation business.
On August 20th, 2002/kloc-0, the 30th session of the 13th the National People's Congress Standing Committee (NPCSC) passed the Law of People's Republic of China (PRC) on Legal Aid, and law firms, grassroots legal service offices, lawyers and grassroots legal service workers are obliged to provide legal aid according to law.
To sum up, lawyers' immunity from criminal defense is generally limited to criminal proceedings. This is mainly because in criminal proceedings, the strength of the prosecution and the defense is very different, and lawyers are more at risk in criminal defense activities, and their personal rights and litigation rights are more vulnerable to illegal violations.
Legal basis:
Article 40 of the Lawyers Law of People's Republic of China (PRC)
The lawyers association shall perform the following duties:
(a) to ensure that lawyers practice according to law and safeguard the legitimate rights and interests of lawyers;
(2) Summarizing and exchanging the working experience of lawyers;
(3) Organizing professional training for lawyers;
(four) education, inspection and supervision of lawyers' professional ethics and practice discipline;
(5) Organizing lawyers to carry out foreign exchanges;
(six) mediation of disputes arising from the practice of lawyers;
(seven) other duties as prescribed by law.
Lawyers' associations shall reward or punish lawyers in accordance with their articles of association.