1. The concept of entrusting an agent to litigate
To entrust an agent to litigate means that the party entrusts a lawyer or other qualified person with legal expertise to act in accordance with the provisions of the law. Conduct litigation activities on your behalf during the litigation process. This kind of entrustment relationship is based on mutual trust between the client and the agent. The agent needs to carry out agency activities in accordance with the wishes of the client and the provisions of the law.
2. Conditions for entrusting an agent ad litem
Parties who entrust an agent ad litem must meet certain conditions. First of all, the agent must have corresponding legal professional knowledge and practical experience and be competent in agency work. Secondly, the agent needs to obtain explicit authorization from the party, and the scope of agency should be within the scope of authorization. In addition, agents also need to abide by laws, regulations and professional ethics to ensure the legality and legitimacy of agency activities.
Third, the role of the entrusted litigation agent
The entrusted litigation agent plays an important role in the litigation process. They can provide professional legal opinions and suggestions to parties and assist them in formulating litigation strategies. During the court hearing, the agent can conduct arguments and cross-examination on behalf of the parties and safeguard the legitimate rights and interests of the parties. In addition, agents can also assist parties in litigation activities such as evidence collection and application for preservation measures to ensure the smooth progress of litigation activities.
IV. Things to note when entrusting a litigation agent
The parties need to pay attention to the following points when entrusting a litigation agent. First, choose an agent with professional qualifications and good reputation to ensure the effectiveness of agency activities. Secondly, the scope of authorization must be clearly defined to prevent agents from engaging in improper agency activities without authorization. In addition, parties need to maintain communication with their attorneys and keep abreast of the progress of the litigation and the attorney's work.
In summary:
Having the right to entrust a litigation agent is an important means for parties to protect their own rights and interests in litigation. By choosing an appropriate agent and clarifying the scope of authorization, parties can obtain professional legal help during the litigation process and ensure that their legitimate rights and interests are fully protected.
Legal basis:
"China People's Liberation Army" and "National Civil Procedure Law"
Article 58:
The parties and their legal representatives may entrust one or two persons to serve as litigation representatives.
The following persons can be entrusted as litigation agents:
(1) Lawyers and grassroots legal service workers;
(2) Close relatives or close relatives of the parties concerned Relevant staff;
(3) Citizens recommended by the community, unit and relevant social groups where the parties are located.
"The Lawyers Law of the People's Republic of China"
Article 28 stipulates:
Lawyers may engage in the following businesses:
(1) Accept the entrustment of natural persons, legal persons or other organizations to serve as legal advisors;
(2) Accept the entrustment of parties to civil cases and administrative cases and act as agents to participate in litigation;
(2) Accept the entrustment of parties in civil cases and administrative cases, and serve as agents to participate in litigation;
(3) Accept the entrustment of criminal suspects and defendants in criminal cases or the assignment of legal aid agencies in accordance with the law , serve as a defender; accept the entrustment of private prosecutors in private prosecution cases, victims of public prosecution cases, or their close relatives, and act as agents to participate in litigation;
(4) Accept entrustment and act as agents in various litigation cases;
(5) Accept entrustment and participate in mediation and arbitration activities;
(6) Accept entrustment and provide non-litigation legal services;
(7) Answer legal consultations and write lawsuits on your behalf Documents and other documents related to legal matters.