What are the procedures for entrusting a lawyer?

Legal analysis: 1. Go through the entrustment formalities with the law firm and sign the entrustment contract. Handling entrustment procedures with law firms mainly means signing entrustment contracts to clarify the rights and obligations of the parties and the law firms. The agency contract shall specify the rights and obligations of both parties, the name of the lawyer entrusted by the law firm to handle the case, and be signed and sealed by the parties and the law firm, indicating the date of conclusion of the contract. Pay attention to clearly stipulate the charging items, amount and time in the contract, such as the amount of attorney fees charged in the first trial and the second trial (if the same lawyer is hired, it is generally half of the fees charged in the first trial). If a law firm accepts the entrustment of others, it shall submit the certificate of attorney before accepting the entrustment.

2. Sign the power of attorney with the appointed lawyer. The power of attorney is mainly to clarify the agency authority, and this document is submitted to the judicial department. The agency right includes general agency right and special authorization agency right. The so-called general agency only represents general litigation rights, such as the right to sue, the right to appeal, the right to apply for withdrawal, the right to provide evidence, the right to debate and so on. The so-called specially authorized agent refers to the agent of litigation rights closely related to substantive rights, such as admitting, giving up, changing the litigation request of the principal, making a settlement, filing a counterclaim or appealing on behalf of the principal. If the client only grants the lawyer general litigation rights, it may be stated in the power of attorney that the litigation agent may not admit, waive or change the litigation request on his behalf. If the client is willing to grant the attorney the right to admit, give up, change the claim, settle, file a counterclaim or appeal, it must be indicated in the power of attorney, which is the so-called "special authorization". Because, when the people's court examines the power of attorney, if it finds that only the words "full agency" are written, it judges that the entrusted agent ad litem has no right to admit, give up, change the claim, settle, file a counterclaim or appeal on his behalf. The reason why it is so strict is to put an end to the ultra vires behavior of the entrusted litigation agent and avoid the possible litigation entanglement of the client or the other party.

3. Pay the lawyer's fee. Lawyer's legal service is a kind of paid service, and the parties must pay a certain lawyer's fee when hiring a lawyer. Generally speaking, according to the provisions of the Trial Measures for Lawyers' Fees, law firms charge fees to the parties within the prescribed scope according to the complexity of undertaking business, the length of time required and the number of litigation objects. Of course, if a party needs the help of a lawyer in support, work-related injuries, criminal proceedings, claims for state compensation, claims for statutory pensions, etc., but is really unable to pay the lawyer's fees, he can apply for legal aid in accordance with relevant regulations. At present, lawyers are not allowed to accept employment privately and collect fees themselves.

Legal basis: Civil Code of People's Republic of China (PRC).

Article 919 An entrustment contract is a contract in which the principal and the agent agree that the agent shall handle the principal's affairs.

Article 922 The agent shall handle the entrusted affairs in accordance with the instructions of the principal. If it is necessary to change the client's instructions, it shall be approved by the client; If it is difficult to get in touch with the client due to an emergency, the agent shall properly handle the entrusted affairs, but shall report the situation to the client in time afterwards.