1. What is the difference between lawyer's defense and agency?
Defense is a special kind of lawyer's agency project, and lawyer's agency generally refers to the way lawyers work.
(a) Lawyers act as defenders, especially for defendants in criminal cases.
Defender refers to a person who is entrusted by the accused or appointed by the people's court to help the criminal suspect and defendant exercise their right to defense in order to safeguard their legitimate rights and interests. Defenders can be lawyers, people's organizations or units where criminal suspects and defendants work, or guardians, relatives and friends of criminal suspects and defendants. But only a lawyer can be appointed to defend. Defenders have independent litigation status and are not subordinate to criminal suspects or defendants, nor to people's procuratorates or people's courts. The responsibility of the defender is to put forward materials and opinions to prove the innocence, light crime or reduce or exempt the criminal responsibility of the criminal suspect and defendant according to facts and laws, and to safeguard the legitimate rights and interests of the criminal suspect and defendant.
(2) Lawyers as agents
As an agent, lawyers have a wide range of business, and can conduct pre-litigation investigation, file civil litigation, administrative litigation and criminal private prosecution cases on their behalf; Can act as an agent in non-litigation cases such as applying for listing, patent and trademark; You can draft legal documents such as lawyers' letters on your behalf. Lawyers can also represent victims in criminal cases, bring criminal incidental civil actions and so on.
Second, the characteristics of defenders
Defender's legal status in criminal proceedings is an independent litigation participant and a special defender of the legitimate rights and interests of criminal suspects and defendants. Defender, criminal suspect and defendant have the same defense function, which is independent of accusation function and trial function. Defenders have the status of independent participants in litigation, defend according to their own will, perform their duties independently, safeguard the legitimate rights and interests of criminal suspects and defendants, and are not influenced by the opinions of prosecutors or the will of criminal suspects and defendants; You can neither be a "second prosecutor" nor a spokesperson for criminal suspects and defendants.
Defenders and prosecutors who appear in court for public prosecution should have equal litigation status. They all obey the command of the judges of the court and perform their respective litigation functions according to law, and no organ, group or individual may illegally interfere. Defenders should only take facts as the basis and take law as the criterion when undertaking defense functions. His legal obligation is to be faithful to the truth of the case, respect the objective evidence and stick to the truth. He can neither speculate subjectively nor distort the facts, thus effectively safeguarding the seriousness of the law.
Three, perennial personal legal adviser business categories
1. Answer legal advice on private property rights and personal rights, including but not limited to creditor's rights and debts, marriage and family, house sale, etc.
2. Drafting, amending and reviewing contracts, agreements and other legal documents involving private affairs;
3. Accept private entrustment to make statements, issue legal opinions, lawyers' letters, etc. ;
4. Assist in the transfer and pledge procedures of private property (houses, equity, etc.). );
5. Assist in the supervision of private property; Handle notarization on behalf of;
6. Investigate industrial and commercial information and other legal materials;
7. Assist the employing unit to negotiate with relevant units and individuals on legal affairs involving their personal rights and interests;
8. Accept other legal services entrusted by private parties, and entrust legal advisers to act as agents for litigation, arbitration, labor arbitration, administrative reconsideration and hearing activities.
A lawyer's job includes not only accepting entrustment, but also providing legal advice, being a witness, answering questions and so on. Lawyers are also qualified to accept the entrustment of the court to provide legal aid to the defendant; Have the right to accept the entrustment of public security organs to provide legal aid to criminal suspects who plead guilty and admit punishment, and so on.