First, the amount and payment time of agency fees;
The second is the time limit of case agency, whether it is the end of first instance or the agency of second instance, and whether it includes the execution stage;
Third, the scope of authority of the agent.
Fourth, the parties to a contract are the parties and the law firm, not the lawyer himself.
Fifth, the commitment of other expenses.
2. How many lawyer contracts are there?
Entrusted contract, also known as "entrusted contract". It refers to the agreement that the agent handles the entrusted affairs for the client in the name of the client and the fee, and the client pays the remuneration according to the agreement. The civil laws of different countries have different restrictions on entrustment contracts.
When a client signs a power of attorney with a lawyer, he usually signs two copies, one for the court and one for the lawyer. The fee agreement is also in duplicate, one for yourself and one for your lawyer.
1. In litigation, it refers to the certificate that the entrusted agent has obtained the qualification of litigation agent and conducted litigation for the client, which mainly includes the entrusted matters and the agency authority, and is signed or sealed by the client. However, in the process of other civil legal acts, there may also be authorized legal documents. PowerofAttorney is commonly used in English.
2. Power of attorney: entrusting others to exercise their legitimate rights and interests on their behalf, and the client must produce the legal documents of the client when exercising his power. The trustor shall not abandon the entrusted matters for any reason.
3. If the client makes any rights that violate the national laws, the client has the right to terminate the entrustment agreement. Within the scope of the legitimate rights and interests of the principal's power of attorney, all the duties exercised by the principal shall be borne by the principal, and the principal shall not bear any legal responsibilities.
Summary: To sum up, the contract signed by the entrusted lawyer needs to be negotiated by both parties, and the entrusted matters and authority in the contract content need to be clearly indicated. As long as both parties handle it properly, they need to fulfill their obligations, and lawyers will handle it according to the agreed authority in the process of agency.
Legal basis:
According to "People's Republic of China (PRC) Lawyers Law", "Provisions on Lawyers' Professional Ethics and Practice Discipline" and related laws, the following matters should be paid attention to when entrusting a lawyer.
First, we should pay attention to whether the law firm has a practice license. It should be noted that legal service offices, legal service centers and other institutions are different from law firms, and entrusted lawyers should be entrusted to regular law firms with practice licenses.
Two, should pay attention to whether the proposed lawyer has a lawyer's 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.
Three, should sign a contract with the law firm, the contract stamped with the seal of the law firm. 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, we should not sign the entrustment contract with lawyers in person, but with law firms.