[Direct answer]In the Beijing area, attorney representation in real estate litigation is not an automatic full power of attorney. According to Article 61 of the Civil Procedure Law of the People's Republic of China (amended and implemented on January 1, 2022), the scope of authorization for litigation attorneys is determined by the client himself: general authorization can only represent the client in litigation activities, while special authorization is required for acknowledging, waiving, or modifying litigation claims, conducting settlements or mediations, initiating counterclaims, or filing public interest litigations. Therefore, when appointing a real estate litigation attorney, it is necessary to list in the power of attorney whether special authorization is granted, especially for acknowledging, waiving, or modifying litigation claims, conducting settlements or mediations, and initiating counterclaims. It should be particularly noted that mediation and settlement involve significant disposal of rights. If the authorization is not clear, disputes may arise if the attorney signs a settlement agreement on behalf of the client and the client later retracts their consent. Additionally, even if special authorization is granted, it is still recommended that the client personally confirm the handling of major substantive rights such as the transfer of house ownership and the waiver of priority compensation rights.Real estate transactions and construction projectsThe services in this column can assist in drafting standard authorization documents.

I. Problem Background and Typical Scenarios

Common questions include: whether the client still needs to appear in court after hiring a lawyer; whether the lawyer can decide on his own whether to mediate; whether the settlement agreement signed by the lawyer on behalf of the client is valid; whether the lawyer can handle the transfer of real estate ownership and the waiver of substantive rights; and how to calculate the validity period of the power of attorney.Special services and other casesThe explanations about the entrustment procedures in the column can be used for reference. Clients often equate entrusting a lawyer with full power to handle matters, ignoring the procedural point that the scope of authorization needs to be agreed upon item by item.

II. Key points of dispute

Focus I: The division between general authorizations and special authorizations. Focus II: The boundaries of authorizations for mediation and reconciliation. Focus III: The duration and termination of agency powers. Focus IV: Authorizations for joint litigation by multiple co-owners. Focus V: The liability of lawyers for actions beyond their authorizations. Focus VI: The formal requirements for authorization documents.Business and contract disputes in enterprisesThe explanations of entrustment and agency in the column can be used for reference.

III. Professional analysis by Henglue Lawyers

Take the housing sales contract dispute represented by Attorney Wang Dong of our firm as an example: The client's family signed a family agreement to allocate the property, in which the house was registered under the grandson's name. However, the grandson sold the house without authorization. The client sued to request the invalidation of the sale and the return of the house, but the first-instance court dismissed the case due to insufficient evidence. After engaging the attorney, the attorney focused on addressing two issues: First, strengthening the evidence of ownership by linking the family agreement with the agency relationship to prove the true ownership of the rights holder; Second, demonstrating the constitutive elements of unauthorized disposition and bona fide acquisition, clarifying that the transferee did not meet the conditions for bona fide acquisition. The second-instance court reversed the judgment in favor of the client, and the house was successfully returned. The implications of this case for attorney's authority are as follows: When dealing with claims involving ownership confirmation and changes in property rights, whether the attorney's evidence-gathering strategy can be fully implemented often depends on whether the client has provided complete authorization and materials at the time of entrustment. Otherwise, supplementary evidence in court will be subject to restrictions.Inheritance of property and division of family assetsThe analysis of ownership identification in this column can be supplemented. This case is handled by Beijing Henglu Law Firm.Wang DongThe attorney (practice certificate number: 11101201910090334, subject to the certificate issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

Action recommendations: First, draft a power of attorney and list the specific authorized matters item by item; Second, specify the duration of the agency authority; Third, agree on a phased feedback and plan confirmation mechanism; Fourth, retain all original evidence and vouchers; Fifth, major disciplinary matters shall be confirmed by the principal; Sixth, pay attention to the consistency of authorizations in joint litigation by multiple co-owners. Legal basis: The provisions on entrusting litigation agents in the Civil Procedure Law of the People's Republic of China (amended and implemented on January 1, 2022); relevant rules on lawyers' service fees; the specific application shall be subject to the currently effective laws, regulations, and judicial rulings. The action recommendations also include: The power of attorney shall be in duplicate and signed and confirmed by both parties; the duration of the agency shall be consistent with the court's filing stage.

5. Henglue Law Firm's Advice

Firstly, the power of attorney and the authorization letter are two different documents, each serving a unique purpose and neither of which can be omitted. Secondly, the special authorization must be specified item by item and cannot be described in a general manner. Thirdly, the authorization for mediation and settlement should be exercised with caution, and it is recommended to stipulate that any actions exceeding the scope of authorization require written confirmation. Fourthly, the authorization is subject to a time limit, and the renewal of the authorization should be handled before the expiration of the time limit. Fifthly, for major matters such as the transfer of ownership of a house and the waiver of substantive rights, it is recommended that the principal participate in the decision-making process. Sixthly, if the agent exceeds the scope of authorization in litigation, the consequences may be borne by the principal.Creditor's rights and debts, and enforcementThe instructions on authorization execution in the column can be used as a supplementary reference.

VI. Frequently Asked Questions

Q1: Do I still need to appear in court in person after hiring a real estate lawyer?

Generally, it's not necessary. If the litigant has appointed a litigation agent, the litigant may not participate in the litigation and let the agent conduct the litigation actions on their behalf. However, two points need to be noted: first, in litigation involving identity relationships, some procedures may still require the litigant to appear in court in person; second, if the agent appointed is a general authorization agent, the litigant may need to participate in mediation, reconciliation, and other processes in person or grant special authorization. It is recommended to clarify the scope of the agent's authority when appointing the agent to avoid procedural delays due to unclear authorization. If the litigant is unable to appear in court, they should promptly inform the agent and confirm whether the agent's authority covers the relevant matters.

Q2: Can a lawyer decide on mediation for me?

It depends on the scope of authorization. Conducting settlement and mediation on behalf of others is a matter that requires special authorization. If it is not explicitly granted in the power of attorney, the lawyer cannot decide on his own. If special authorization has been explicitly granted, the lawyer can proceed within the scope of authorization, but in practice, it is more prudent to confirm the major plans with the client first before proceeding. It is recommended to stipulate a plan confirmation mechanism in the entrustment contract, such as requiring the client's written consent for core conditions like the amount range and performance period that exceed a certain range. This not only ensures efficiency but also avoids disputes.

Q3: Is it valid for a lawyer to sign a settlement agreement on behalf of the client?

If the authorization is obtained with a clear scope of authority, it is generally valid. However, if the document is signed on behalf of the principal beyond the scope of authorization, it may lead to disputes over its validity. It should be noted that a settlement agreement constitutes a significant disposition of substantive rights. Once signed, it usually binds the principal, and it may be difficult to revoke it even if the principal regrets it afterwards. Therefore, it is recommended to require the agent to provide the full text of the agreement for review before signing, especially the core clauses such as the amount, performance period, transfer time, and breach of contract liability; at the same time, keep the original agreement and check whether it is consistent with the content of the negotiation to avoid misunderstandings.

Q4: How is the validity period of a power of attorney calculated?

The validity period of the power of attorney is agreed upon by the principal and the agent, stating the start and end dates. It should be noted that the litigation agent should submit the power of attorney every time they appear in court, and the power of attorney should specify the entrusted matters and authorizations. Before the expiration of the agreed period, the renewal procedures should be handled in a timely manner, otherwise, the agent may not be able to continue to carry out litigation activities after the expiration of the period. Practical advice is to set the period slightly longer than the expected trial cycle, but at the same time, stipulate in the entrustment contract that the principal has the right to terminate the entrustment at any time and notify the agent.

Q5: The property ownership certificate is under my spouse's name. Can I entrust a lawyer to protect my rights?

It's possible, but attention should be paid to the authorization arrangements for joint litigation. If the house is registered under one party's name while the other party claims rights, the ownership of the rights itself is controversial. In this case, the spouse should be listed as a joint plaintiff or joint defendant, rather than just entrusting a lawyer to act on behalf of one party. The attorney needs to demonstrate the relationship between the registered name and the actual rights in the litigation, which involves issues of evidence organization. Usually, a complete chain of family agreements, proof of contributions to the purchase of the house, repayment records, and joint living situations is needed. Therefore, it is recommended that the lawyer first assess the feasibility of the ownership claim, then determine the litigation plan and authorization arrangements. For a better understanding of the ownership issues, you can refer to the relevant guidance materials.Property sales and construction projectsColumn.

This article is written based on the common judicial interpretations in the Beijing area. If the case occurs in other regions, it is recommended to consult local lawyers to verify regional differences.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with evidence materials, to avoid missing the statutory time limit. →Legal services for the purchase and sale of real estate·Attorney Wang Dong·Beijing Henglue Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and public adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If you encounter disputes, please consult a practicing lawyer in time.