A trainee lawyer cannot appear in court alone.
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After a telephone dispute between Zhong Fang and the Naxi District Telecommunications Bureau of Luzhou City, Zhong Fang entrusted Xiao Mou, a lawyer of Luzhou Jiucheng Law Firm, as his special authorized agent, and paid 500 yuan's agency fee, ready to take the other party to court. During the trial, Xiao did not appear in court to participate in the lawsuit. The defendant appointed an intern lawyer of our hospital to appear in court, and the lawyer withdrew the lawsuit during the trial. Zhong Fang sued Luzhou Jiucheng Law Firm on the grounds that the intern lawyer appointed by Luzhou Jiucheng Law Firm did not have the qualification to appear in court alone, and the entrusted Xiaomou failed to appear in court on time and refused to represent him, which was fraudulent, and requested the court to order Luzhou Jiucheng Law Firm to pay the double indemnity service fee according to Article 49 of the Consumer Law.
The Naxi court held that although the plaintiff did not conclude a contract with the firm in the end, Xiao's law firm issued a receipt and received remuneration, and the agency contract between the two parties was valid. The plaintiff appointed lawyer Xiao as his agent, which reflected the client's recognition of the client's ability and credibility. However, after accepting the entrustment, Xiao did not abide by the legal provisions of our country: after accepting the entrustment, a lawyer must not refuse to represent him without justifiable reasons, and must attend the litigation in court on time, and shall not entrust others to represent him without authorization ... The plaintiff invited a lawyer, and the intern lawyer appointed by the defendant to the plaintiff did not have the qualification to appear in court alone, which was a fraud to conceal the real situation. During the trial, Naxi Court presided over mediation, and the original and defendant reached an agreement voluntarily, and the defendant paid the service fee of plaintiff double indemnity in court.