Matters needing attention in finding a lawyer in traffic accidents
To review 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.
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.
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.
Authorization should be clear. Some parties fill in the power of attorney when hiring a traffic accident 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.
To determine the responsibility of the parties to the accident, we must first look at whether there is a causal relationship between the behavior of the actor and the occurrence and damage of the accident; If there is no causal relationship, even if the actor's behavior is a serious illegal act, he will not be liable for civil damages for the accident; For example, someone, driving without a license, strictly abides by the traffic rules and has no driving mistakes. In this case, he does not bear the civil liability for compensation for traffic accidents caused by rear-end collision; In addition to the principle of causality, "the role of parties' behavior in traffic accidents" also plays a role in measuring the causal force of parties' behavior on the formation of accidents; The so-called "causal force of behavior on the formation of accidents" mainly refers to a standard for determining accident damage when the parties are not at fault or it is difficult to identify the fault; At present, there is little research and application of causality in the practice of traffic accident damage compensation in China; The above provisions of the implementation regulations actually provide legal space for allocating responsibilities through "causality".
I hope the above content can help you. If in doubt, please consult a professional lawyer.
Legal basis:
Article 3 of the Measures for the Administration of Lawyers' Service Fees
Lawyers' service charges follow the principles of openness, fairness, voluntary compensation, honesty and credibility. Law firms should facilitate the people, strengthen internal management, reduce service costs, and provide convenient and high-quality legal services for clients.