When we can't solve the dispute with others, we will sue and hire a lawyer at the same time, so we need to sign a contract to entrust a lawyer to file a lawsuit. So how many contracts do you have to sign before you can entrust a lawyer to file a lawsuit? In order to help you better understand the relevant legal knowledge, I have compiled the relevant contents. Let's have a look.
1. How many contracts should I sign to entrust a lawyer to file a lawsuit?
Under normal circumstances, a law firm signs an agency contract with the client in duplicate, one for the client and one for the contractor. At the same time, the client signed the power of attorney in triplicate, one for the court accepting the case, one for the lawyer's file and one for the client. The law firm signs an agency contract with the client, and when the client signs the power of attorney, it shall specify the specific entrusted matters and authority, and the authority of entrustment shall indicate whether it is general authorization or special authorization. Alteration, waiver, recognition of claims, mediation, counterclaim and appeal, sub-entrustment and signing of legal documents shall be specially authorized by the client.
Second, do you need to be present when you entrust a lawyer to file a lawsuit?
There is no need to entrust a lawyer to appear in court. According to Article 62 of the Civil Procedure Law, parties involved in personal relationships such as divorce need to appear in court. Litigation cases can be represented by lawyers and other litigation agents, and a power of attorney can be issued to lawyers and others, indicating the authorization authority. Generally, the parties to a case may not appear in court, but be represented by a lawyer. However, for divorce and other cases involving personal relationships that require me to appear in court, the parties need to appear in court in person, and other matters can be represented by lawyers.
Three, entrust a lawyer to engage in litigation should pay attention to those problems.
First of all, we must examine the qualifications. According to the Lawyers Law, a lawyer refers to a person who has obtained a lawyer's practice certificate according to law and provides legal services to the society. A person who has not obtained a lawyer's practice certificate shall not practice in the name of a lawyer, nor shall he engage in litigation agency or defense business for the purpose of seeking economic benefits. Therefore, when looking for a lawyer, the parties must examine the qualifications of the lawyer and see if they have a lawyer's practice license.
Article 5 of the Lawyers Law To apply for practicing as a lawyer, the following conditions shall be met:
(a) support the constitution of People's Republic of China (PRC);
(2) Obtaining the legal professional qualification through the national unified legal professional qualification examination;
(3) Having worked as an intern in a law firm for one year;
(4) Good conduct. The national unified judicial examination certificate and lawyer qualification certificate obtained before the implementation of the national unified legal professional qualification examination have the same effect as the national unified legal professional qualification certificate.
Second, we must understand the organization. A law firm is a lawyer's practice organization. Please ask the lawyer to go to the law firm to know the practice organization where the lawyer is located. Because the Lawyers Law stipulates that if a lawyer practices illegally or causes losses to his client due to his fault, his law firm shall be liable for compensation.
Third, we must sign the agreement. When hiring a lawyer, a written agreement should be signed to clarify the rights and obligations of both parties. In particular, we should not take the cost of hiring a lawyer lightly. Be sure to make it clear how much the lawsuit will win or lose, and how much the first and second trials will cost respectively. We must make it clear in the agreement that we need a receipt when we pay.
Fourth, the authorization should be clear. Some parties fill in the power of attorney when hiring a lawyer, but the scope of authorization is not clear. I think as long as I pay the lawyer, everything will be handled by the lawyer. Therefore, some parties do not appear in court at all, do not understand the progress of the case, and the results of handling the case are not clear. Who knows, due to the legal consequences of unclear authorization, the licensor is responsible.
Fifth, we must pay carefully. Some clients believe what lawyers say. As long as the lawyer wants money, he doesn't care. The lawsuit in the first instance was lost and the lawyer appealed. He did it one by one without thinking, paid the appeal fee and then paid the lawyer's fee. He doesn't feel bad at all. In particular, the lawyer's proposal to invite the case-handler to dinner and find someone to dredge the relationship is even more expensive, and often all the money is spent. As soon as the lawsuit was lost, Fang Da's dream woke up, he was cheated and regretted it. Therefore, the so-called activity fees demanded by lawyers, in addition to the legitimate fees that should be charged according to regulations, must be rejected.
I've told you in detail about how many contracts to sign to entrust a lawyer with a lawsuit. Generally, the contract for entrusting a lawyer is in duplicate, and each party holds one copy. There is no clear legal requirement for this.