(1) Lawyer's criminal defense and criminal case agency business.
1. Lawyers participate in criminal proceedings
(1), accepting the appointment of the court as the defendant's defender.
(two) to accept the entrustment of the defendant or his family in a public prosecution case and act as the defendant's defender.
(3) Accepting the entrustment of the defendant or his family in a case of private prosecution to act as the defendant's defender.
(four) to accept the entrustment of the victims of public prosecution cases and act as their agents.
(five) to accept the entrustment of the plaintiff Qu in a private prosecution case and act as the plaintiff's agent.
(six) to accept the entrustment of the complainant in the appeal case and act as an agent or defender.
2. The responsibility of lawyers as defenders of criminal defendants
As a defender of criminal defendants, lawyers' duty is to put forward materials and opinions to prove the defendant's innocence, light crime or reduce or exempt criminal responsibility according to facts and laws, and safeguard the defendant's legitimate rights and interests.
3. Time when a criminal suspect or his family can hire a lawyer
(1) A criminal suspect may hire a lawyer after being interrogated for the first time or from the date of arrest, bail pending trial, residential surveillance, detention or arrest.
(2) A criminal suspect or his family members in a public prosecution case may hire a lawyer as a defender from the date when the case is transferred to a procuratorate for examination and prosecution.
(3) The defendant or his family members in a case of private prosecution have the right to entrust a lawyer as a defender at any time.
(two) the lawyer's civil and administrative litigation agency business.
1. When can I hire a lawyer to represent civil litigation?
(1). When a dispute between you and others is accepted by the people's court, you are the plaintiff or defendant of the case.
(2) When you have a dispute with others and are ready to bring a lawsuit to the people's court.
(3) When receiving the administrative punishment from the relevant government and its law enforcement agencies.
(4) When the government and its relevant departments should make a decision on your application, but the inaction, failure to make a decision or the decision made is illegal.
2. The lawyer accepts the entrustment and acts as an agent ad litem.
Carry out litigation activities on your behalf within the scope authorized by your power of attorney, safeguard your legitimate rights and interests, and safeguard the correct implementation of the law.
3. The agent's power of attorney
According to the agency agreement and power of attorney signed between the law firm and the client, and according to the relevant provisions of the Civil Procedure Law, what are the lawyers' agents in civil litigation? There are two kinds of agents: D-type agent and discretionary agent, and their respective scope of agency authority is different.
(1) general agent
Refers to the agent in litigation, such as participating in litigation activities, investigating and collecting evidence, providing relevant evidence, participating in court debate and mediation, etc. The lawyer's agency authority is to participate in litigation activities, and the substantive rights of the parties to the case are not clearly stated, so there is no need for the client to specifically authorize the lawyer.
(2) Authorized agent (specially authorized agent)
Refers to the agent that the client entrusts a lawyer to make a direct decision and make a clear statement on the substantive issues of the case through special authorization, such as proposing, admitting, giving up, changing the claim, reaching a settlement, filing a counterclaim or appealing, etc.
4. Lawyers' power of agency in administrative litigation.
Lawyers' participation in administrative litigation means that lawyers accept the entrustment of the parties to administrative cases, act as agents, participate in administrative litigation activities, and represent litigation within the scope of agency authority, so as to safeguard the legitimate interests of clients and ensure the correct implementation of national laws. According to the authorization of the administrative litigation client and the relevant provisions of the administrative litigation law, lawyers who participate in administrative litigation as litigation agents generally enjoy the following rights:
(1) independently perform their duties according to law, protected by national laws, and not interfered by any unit or individual;
(two) the right to consult the case files and relevant evidence;
(three) the right to investigate and collect evidence from the client, other parties to the administrative case and insiders;
(4) To represent the parties in court and participate in litigation activities.
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