1, pay attention to whether the law firm is qualified. It should be noted that legal service offices, legal service centers and other institutions are different from law firms, and lawyers should be hired by regular law firms with practice licenses.
2. Pay attention to whether the hired lawyer has a practice license. Lawyers appointed by law firms or named by themselves should not only read business cards, but also listen to introductions, and also check whether they have a lawyer's practice license, and are not allowed to engage in lawyer business in the name of lawyers. At the same time, he should also check whether his certificate is registered once a year. The lawyer's practice certificate is valid in the current year after registration, and it will be invalid if it is not registered.
3. Pay attention to the relationship between the proposed lawyer and the law firm, whether it is a partner of the firm or an employment relationship. You can know whether you are a lawyer of this firm by looking at the partnership articles of association or the employment contract. Lawyers are not allowed to practice in more than two law firms or other legal service institutions at the same time.
4. Pay attention to whether the power of attorney has a seal. When lawyers undertake business, they are all entrusted by law firms and sign written entrustment contracts with clients. A lawyer may not accept entrustment without permission. Therefore, you should not sign a power of attorney with a personal lawyer.
5. Pay attention to whether the authorization authority is clearly written in the power of attorney. If the parties write "power of attorney" or "power of attorney" within the scope of agency authority without specific authorization, it belongs to general entrustment. An agent ad litem has no right to admit, waive or change the claim, make a settlement, file a counterclaim or appeal on his behalf.
6. The expenses in the power of attorney should be clearly written. There are three ways for law firms to charge fees: piecework fees, fees according to the proportion of the subject matter, and fees through negotiation. The employment contract shall clearly state how to pay the appraisal fee, travel expenses and other expenses after charging the business fee.
7. Be careful not to let the hired lawyer charge fees. The lawyer's fees shall be uniformly charged by the law firm to the client, and a fee voucher shall be issued. Lawyers are not allowed to collect fees from their clients privately, nor are they allowed to collect any extra fees and property from their clients.
There are four steps in the process of asking a lawyer to file a lawsuit:
1. Negotiate with lawyers to determine service standards and charging items.
2. Generally, it is paid in advance and after signing the agency contract.
3. At the same time, you can also use the way of risk agency to pay the agency fee after the case is handled, but this way should be more expensive than the previous way.
4. If you really have no money to pay, you can also apply for legal aid at local legal aid centers without charge.
To sum up, when hiring a lawyer, you must pay attention to the relevant legal provisions of the statute of limitations, and you must hire a lawyer within the statute of limitations, because once the statute of limitations is exceeded, your legitimate rights and interests will not be safeguarded.
Legal basis:
Article 18 of the Lawyers Law of People's Republic of China (PRC)
To establish a law firm, an application shall be submitted to the judicial administrative department of the people's government at the municipal level or municipality directly under the Central Government, and the department accepting the application shall conduct an examination within 20 days from the date of acceptance, and submit the examination opinions and all application materials to the judicial administrative department of the people's government of the province, autonomous region or municipality directly under the Central Government. The judicial administrative departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall, within 10 days from the date of receiving the submitted materials, make a review and make a decision on whether to approve the establishment. If the establishment is approved, the practice certificate of law firm shall be issued to the applicant; If the establishment is not approved, the reasons shall be explained in writing to the applicant.
Article 28
Lawyers can engage in the following businesses:
(a) to accept the entrustment of natural persons, legal persons or other organizations as legal advisers;
(two) to accept the entrustment of the parties in civil cases and administrative cases, to act as agents and to participate in litigation;
(3) Accepting the entrustment of criminal suspects and defendants in criminal cases or legal aid agencies to act as defenders according to law, accepting the entrustment of private prosecutors in private prosecution cases, victims in public prosecution cases or their close relatives to participate in litigation as agents;
(four) to accept the entrustment and represent the complaints of various litigation cases;
(five) to accept the entrustment and participate in mediation and arbitration activities;
(6) Accepting entrustment to provide non-litigation legal services;
(seven) to answer questions about the law and write litigation documents and other documents related to legal affairs.