Close relatives may entrust defense lawyers; In addition to lawyers and other grassroots legal service workers, the parties may also entrust their close relatives or staff as agents ad litem; Citizens recommended by the communities, units and relevant social organizations where the parties are located may also act as agents ad litem. If the parties have no immediate family members, collateral relatives may also entrust lawyers. In criminal proceedings, if a criminal suspect or defendant is in custody, his guardian or near relative may entrust a defender. In civil litigation, the defendant may entrust a close relative as an agent to appear in court, except for cases such as divorce that require the parties to appear in person.
Basic requirements for the professional requirements of lawyers:
1, with legal professional knowledge: you must pass legal education or have corresponding legal knowledge background;
2. Pass the judicial examination: In China, you must pass the national unified judicial examination to qualify as a lawyer;
3. Lawyer's Practice Certificate: After obtaining the lawyer's qualification, you need to apply for a lawyer's practice certificate before you can formally practice;
4. Internship in a law firm: It is usually necessary to practice in a law firm for a period of time to accumulate practical experience;
5. Abide by professional ethics: lawyers should abide by professional ethics and practice discipline and safeguard the legitimate rights and interests of clients.
To sum up, lawyers are not necessary, and close relatives, staff, communities, units or recommended citizens can serve as litigation agents. In criminal proceedings, when a criminal suspect or defendant is in custody, the guardian or near relative may entrust a defender. In civil litigation, the defendant may entrust the agent of a close relative to appear in court, except for divorce and other cases that require the parties to appear in court in person.
Legal basis:
Criminal procedure law
Article 34
A criminal suspect has the right to entrust a defender from the day when he is interrogated for the first time by the investigation organ or takes compulsory measures; During the investigation, only lawyers can be entrusted as defenders. The defendant has the right to entrust a defender at any time. When interrogating a criminal suspect for the first time or taking compulsory measures against him, the investigation organ shall inform him that he has the right to entrust a defender. The people's procuratorate shall, within three days from the date of receiving the case materials transferred for examination and prosecution, inform the criminal suspect that he has the right to entrust a defender. The people's court shall, within three days from the date of accepting the case, inform the defendant of the right to entrust a defender. If a criminal suspect or defendant requests to entrust a defender while in custody, the people's court, the people's procuratorate and the public security organ shall promptly convey it. If a criminal suspect or defendant is in custody, his guardian or near relative may also entrust a defender. After accepting the entrustment of a criminal suspect or defendant, the defender shall promptly inform the case-handling organ.