1. The legal provisions for lawyers to obtain evidence are as follows:
(1) The entrusted lawyer may, according to the needs of the case, apply to the people's procuratorate or the people's court for collecting and obtaining evidence or to the people's court for notifying witnesses to testify in court;
(2) With the consent of witnesses or other relevant units and individuals, defense lawyers may collect materials related to this case from them.
2. Legal basis: Article 35 of the Lawyers Law of People's Republic of China (PRC).
The entrusted lawyer may, according to the needs of the case, apply to the people's procuratorate or the people's court to collect and obtain evidence or apply to the people's court to notify witnesses to testify in court.
If a lawyer investigates and collects evidence by himself, he may, with the lawyer's practice certificate and the certificate of the law firm, investigate the situation related to undertaking legal affairs with the relevant units or individuals.
Second, what is the content of lawyers' investigation and evidence collection?
1, evidence investigation. Entrusted by the parties to civil cases, investigate and collect relevant litigation and non-litigation evidence in a planned way;
2. Intellectual property investigation. Can investigate cases of infringement of trademark rights, patents, copyrights, trade secrets and other intellectual property rights. Assist in finding out the source of pirated books, audio-visual products and software, investigate the production dens of fake and shoddy products, obtain corresponding evidence, crack down on fake and shoddy products and protect intellectual property rights;
3. Investigate the whereabouts of the property of the person subjected to execution. Accept the entrustment to help creditors find missing enterprises and evade debtors. Assist the court in investigating, executing and tracing the property and accounts hidden or transferred by the person subjected to execution, and safeguard the legitimate rights and interests of creditors.