1. The customer has entrusted it. Can a lawyer sign for you?
If the client has authorization for the lawyer, it is ok for the lawyer to sign for him. In the practice of civil trial, the power of attorney submitted by the parties to the court generally records three kinds of agency authority, namely general agency, special agency and full agency. General agency mainly refers to the litigation agency behavior that does not involve the rights and obligations of the principal entity. For example, acting as an agent for prosecution, responding to lawsuits, participating in legal investigations, mediating, holding court sessions, and providing signatures for receiving legal documents, subpoenas, evidence, etc. They all belong to the scope of general authorization and can replace the signature of the client. Special agency mainly refers to the litigation agency behavior in which the agent enjoys the rights and obligations to dispose of the principal entity. That is, the right to admit, give up, change the claim, reconcile and file a counterclaim or appeal. Full agency. This is easily confused with special institutions. Literally, the scope of full agency is the widest, which is equivalent to the parties' own expression of will. The power of attorney submitted by ordinary citizens is often written as full agency, but the law stipulates otherwise. Paragraph 2 of Article 59 of the Civil Procedure Law of People's Republic of China (PRC) stipulates: "The power of attorney must specify the entrusted matters and authority. An agent ad litem must have the special authorization of the client, who can admit, waive or change the claim, make a settlement, file a counterclaim or appeal on his behalf. "
The parties shall sign the following documents: agency contract, power of attorney, complaint, conciliation statement, application for appraisal and other documents involving the substantive rights of the parties.
If it is a procedural document, such as a court summons, a list of submitted evidence materials, a voucher for paying legal fees, a judgment, a conciliation statement and other procedural documents, the lawyer may sign it on his behalf according to the power of attorney of both parties. The general court will not review the signature in this respect, and the court will only apply for the authenticity of the signature unless the parties raise an objection and the objection is established.
It is legal if it is authorized or recognized by the parties concerned, otherwise it is illegal. .
Second, the entrusted lawyer procedure
1. The client explains the specific circumstances of the case to the lawyer, and the lawyer tells the client what evidence materials need to be prepared.
2. The lawyer analyzes the risks brought by the case to the parties and determines the lawyer's fee.
3. Then sign the agency agreement and power of attorney.
4. Entrust a lawyer at any time. As long as it is before the judgment of the case takes effect.
The client has entrusted a lawyer, and the lawyer can sign on his behalf, but some documents related to the substantive rights of the parties need to be signed by the parties, such as the agency contract and so on. If the parties need to entrust a lawyer, they need to explain the specific circumstances of the case to the lawyer and then sign an agency agreement.