What are the procedures required to appoint a lawyer?

First of all, you should understand what kind of dispute you are encountering, and then select a lawyer with reputability and expertise in this area.

Secondly, after selecting the scope of candidates, you can make an appointment to go to the lawyer's law firm for face-to-face negotiation.

Finally, if it is determined that a lawyer needs to be hired, certain formalities must be completed before it can be established. These formalities are mainly:

1. Go through the entrustment procedures with the law firm and sign the "Entrustment Contract". The entrustment procedures with the law firm are mainly to sign the "Entrustment Contract" to clarify the rights and obligations between the parties and the law firm. The "Entrustment Contract" shall state the rights and obligations of both parties, the name of the lawyer assigned by the law firm to handle the case, and shall be signed and sealed by the parties and the law firm, indicating the date of conclusion of the contract.

In the contract, attention should be paid to clearly stipulating the items, amount and time of fees, such as how much the lawyer's fee will be charged in the first instance and how much the lawyer's fee will be charged in the second instance (if the same lawyer is hired, it is generally half of the fee in the first instance). If a lawyer is hired on behalf of another person, the law firm shall submit supporting documents related to the retention of a lawyer to the law firm, and the law firm may accept the retainer.

2. Sign the Power of Attorney with the designated lawyer. The power of attorney is mainly to clarify the authority, and the document is submitted to the judicial department. Permissions are general and specific.

The so-called general procedural rights are only** general litigation rights, such as the right to sue, the right to respond to the lawsuit, the right to apply for recusal, the right to provide evidence, the right to debate, etc. The so-called special authorization** refers to the litigation rights that are closely related to the substantive rights**, such as admitting, waiving, changing the litigation claims of the respondent, making a settlement, filing a counterclaim or appealing by the respondent. If the client only grants the lawyer general litigation rights, it can be stated in the power of attorney that the litigant shall not admit, waive, or change the litigation claim on behalf of the lawyer.

If the client is willing to grant the lawyer the right to admit, waive or change the claim, settle, file a counterclaim or appeal, it must be indicated in the power of attorney, which is the so-called "special authorization". Because, when the people's court examines the power of attorney, if it finds that only the words "full power" are written, it will determine that the person entrusting the litigation has no right to admit, waive, change the litigation claim, settle, file a counterclaim or appeal on behalf of the people's court. Therefore, the purpose of such strict regulation is to prevent the entrusting litigator from exceeding his authority and avoid possible litigation by the person or the other party.

3. Pay the lawyer's fee. A lawyer's legal service is a paid service, so the parties must pay a certain amount of legal fees when hiring a lawyer. Generally, in accordance with the provisions of the "Trial Measures for Lawyers' Fees", law firms are to collect case-handling fees from the parties within the prescribed range in accordance with the complexity of the business undertaken, the length of time required, and the number of litigation subjects.

Of course, if a party needs the assistance of a lawyer in areas such as maintenance, work-related injury, criminal proceedings, requests for state compensation, and requests for payment of pensions in accordance with the law, but is truly unable to pay lawyers' fees, he or she may apply for legal aid in accordance with the relevant regulations. At present, individual lawyers are not allowed to accept employment without permission and collect fees on their own.

If the client submits the relevant case evidence materials, he can entrust a lawyer to write legal documents on his behalf, or apply for arbitration, or file a lawsuit, and he can first check the lawyer's fee standard in the province where he is located online, and then negotiate with the law firm to pay.

Legal analysis: (1) a copy of the client's ID card; (2) Proof of kinship, such as marriage certificate and household register, etc.; Where, during the investigation phase, the investigating organ arranges for the criminal suspect to meet with a lawyer hired or retained, the detention center shall inspect the legal documents, lawyer's practice license, personal identification, letter of introduction from the law firm, or letter of employment or power of attorney arranged or approved by the competent organ for the case. Where there are interpreters, the proof that the interpreters are allowed to participate in the meeting shall be checked.

Legal basis: "Lawyers Law of the People's Republic of China" Article 28: Lawyers may engage in the following business: (1) accepting the entrustment of natural persons, legal persons, or other organizations to serve as legal advisers; (2) Accept the entrustment of the parties to civil or administrative cases, serve as ** persons, and participate in litigation; (3) Accept the entrustment of a criminal suspect or defendant in a criminal case or accept the appointment of a legal aid institution in accordance with law, serve as a defender, accept the entrustment of a private prosecutor in a private prosecution case, a victim of a public prosecution case, or their close relatives, serve as a ** person, and participate in the proceedings; (4) Accepting entrustment, ** appeals in various litigation cases; (5) Accepting entrustment and participating in mediation and arbitration activities; (6) Accepting entrustment to provide non-litigation legal services; (7) Answering inquiries about the law, litigation documents and other documents related to legal affairs.

Legal analysis: After the lawyer agrees to accept the entrustment, the client should go through the entrustment formalities with the lawyer. The entrustment procedures generally include:

1).Conclude a civil entrustment contract. The civil entrustment contract is a written legal document signed by the legal service firm and the client to confirm the establishment of the entrustment relationship.

The entrustment contract shall be made in duplicate, one copy shall be handed over to the client and the other shall be filed by the legal service office; (2).Fill out the Power of Attorney. The power of attorney is a legal document unilaterally signed by the client that grants the lawyer the right to participate in litigation activities, and is the basis for lawyers to engage in functional activities in litigation.

The power of attorney shall be made in duplicate, one to be submitted to the relevant case-handling organ, and the other to be filed by the entrusted lawyer. Before completing the entrustment formalities, the client shall pay the lawyer's fee according to the prescribed standard. The client shall submit the following materials to the lawyer:

1).Proof of identity or proof of the qualifications of the parties; (2).Documents, bills, letters, and materials related to the case; (3).

Documentary proof of the facts of infringement and the consequences of damages; (4).Other evidentiary materials related to the case.

Legal basis: Article 919 of the Civil Code of the People's Republic of China An entrustment contract is a contract in which the principal and the trustee agree that the trustee will handle the affairs of the client.

Legal analysis: the identity materials of the subject that need to prove your identity, as well as the evidentiary materials related to the facts in dispute. Subject identification materials to prove your identity:

If it is an individual, you should bring your resident ID card, household registration book or other identification materials; If it is the person in charge or manager of a legal person or other economic organization, he should bring the industrial and commercial registration materials and the authorization certificate stamped by the unit to determine the coarse congratulations.

Legal basis: Article 14 of the "Provisions on Protecting Lawyers' Practice Rights in Accordance with Law" provides that defense lawyers may consult, copy, and reproduce case file materials from the date on which the people's procuratorate reviews the case for prosecution, except for the discussion records of the people's procuratorate's procuratorial committee, the discussion records of the people's court's collegial panel and adjudication committee, and other materials that cannot be disclosed in accordance with law. People's procuratorates and people's courts shall facilitate defense lawyers' access, copying, and reproduction of case file materials, and where there is capacity, they may promote electronic reading of case files, and allow the burning and reproduction of case file materials.

The investigating organ shall inform the defense lawyer of the transfer of the case within 3 days of transferring the case for review for prosecution, and the people's procuratorate shall inform the defense lawyer of the transfer of the case within 3 days of initiating the public prosecution. After a case is prosecuted, where the people's procuratorate makes adjustments or supplements to the evidence attached to the case file, it shall promptly inform the defense lawyer. Defense lawyers have the right to consult, copy, and reproduce the adjusted or supplemented evidentiary materials.

After the people's procuratorate or people's court has reviewed and decided to file a case, a defense lawyer handling a case appeal or prosecutorial counter-appeal case may use the lawyer's practice certificate, law firm certificate, power of attorney, or official legal aid letter to the case file management department or the case-handling department holding the case file to read, copy, or reproduce the case file materials of the case that has already been tried and concluded.

Where a defense lawyer submits a request to read the case file, the people's procuratorate or people's court shall arrange for the defense lawyer to read the case file at that time, and where it is not possible to do so at the time, they shall explain it to the defense lawyer and arrange for them to read the case file within three working days, and must not limit the number and time that the defense lawyer may read the case file. Localities with the capacity may set up a platform for making appointments for grading.

People's procuratorates and people's courts shall provide defense lawyers with a place to read the case file and facilitate the use of dry stools, and allocate necessary equipment. If the cost is incurred due to the reproduction of the material, only the cost of production will be charged. Fees incurred by lawyers in handling reproduction materials in legal aid cases shall be waived or reduced.

Defense lawyers may use methods such as photocopying, photographing, scanning, or electronic data copies to reproduce case file materials, and may bring a legal assistant to assist in reading the case file as needed. The case-handling organs shall verify the identity of the legal assistant.

Where case file materials consulted, copied, or reproduced by defense lawyers are state secrets, they shall obtain the consent of the people's procuratorate or people's court and comply with state secrecy provisions. Lawyers must not violate regulations by disclosing or disseminating important case information and case file materials, or using them for purposes other than the defense of the case.

These formalities are mainly:

1. Go to the law firm to go through the entrustment procedures. Where the law firm finds that it can accept the retainer, it shall sign a contract with the party to retain a lawyer, go through the formalities for retaining the lawyer, clarify the relationship between the rights and obligations of the party and the law firm, and shall clearly indicate the name of the lawyer assigned by the law firm to handle the case, and have the party and the law firm sign and affix a seal, indicating the date on which the contract was concluded.

2. If a lawyer is hired on behalf of others, the law firm shall submit the supporting documents related to the retention of a lawyer, and the law firm can accept the employment.

3. Pay for employment. The lawyer's legal service is a paid service, so the parties must pay a certain amount of legal fees when hiring a lawyer.