Due to the rapid development of Internet industry in China, there are many cases of online fraud, and many people have been arrested by public security organs on suspicion of online fraud. Criminal suspects have the right to hire lawyers after being taken compulsory measures by public security organs, but do they hire lawyers for online fraud? The following small series summarizes the relevant legal knowledge for everyone, hoping to help everyone.
1. Do I need a lawyer for online fraud?
China law does not stipulate that a lawyer must be hired for online fraud cases. If the client can defend himself, there is no need to hire a lawyer. However, online fraud cases are often complicated, and lawyers, as professionals, can provide effective help to the parties.
Second, the benefits of hiring a lawyer.
1. Lawyer is a national legal worker who has obtained the legal professional qualification through the national judicial examination. Entrusting a lawyer can make up for my lack of legal knowledge.
2. Lawyers are qualified to go to the court to check the case file and understand the case.
3. Lawyers participating in litigation can hold the letter of introduction from the law firm and the power of attorney from the client, visit relevant units and individuals, and investigate and collect evidence related to the case.
4. A lawyer can state the facts and reasons of the case on behalf of the client in court, and provide evidence and cross-examination around the litigation request. Lawyers can apply for evidence preservation, property preservation, postponement of trial and application for new witnesses to appear in court according to the needs of the case; In the stage of court debate, lawyers will use skilled legal knowledge and combine the facts found in the case to conduct court debates to effectively safeguard the legitimate rights and interests of clients.
5. When lawyers participate in litigation and find that the trend of the case deviates from the legal procedure, they can put forward corrective opinions in time. The legality of the trial procedure is the premise and basis for protecting the legitimate rights and interests of the client.
6. Lawyers can reach a settlement outside the case.
Third, the method of hiring lawyers.
1, for qualification examination.
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.
2. 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.
3. Sign an 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.
4. 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.
5. 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.
To sum up, do you hire a lawyer for online fraud? The answer is that it depends on the specific situation. The law does not require all criminal suspects to hire lawyers, and the parties have the right to defend themselves. However, in criminal cases, if suspects do not hire lawyers, their rights can hardly be protected. If you have any questions about this, please consult our lawyers and they will give you a more detailed answer.