[Direct answer]After consulting, I decided to entrust the case. There are three key steps to follow: verify the lawyer's practicing certificate and the law firm's information; sign a written power of attorney with the law firm, specifying the matters to be represented, the scope of authority, the time limit, the fee payment method, and the refund provisions; and pay the fees to the law firm's public account according to the contract and request an invoice. According to Article 25 of the Lawyers Law, lawyers shall accept and handle cases through the law firm, charge fees in a unified manner, and accurately record the fees in the account. Transferring fees privately to individuals does not comply with regulations. Beijing Henglue Law FirmSpecial servicesProvide guidance on the entire process of entrustment. For more details, please refer to the following link:Beijing Henglu Law Firm.

I. Problem Background and Typical Scenarios

After seeking legal advice, individuals often face the most common dilemmas when entering the entrustment stage: choosing a lawyer, signing a contract, paying fees, and granting authorizations. In practice, disputes arising from the non-standard entrustment process are not uncommon: some transfer lawyer fees to lawyers' personal WeChat accounts, making it difficult to provide evidence or refund money in the event of a dispute; others only reach verbal agreements and lack a formal contract halfway through the case; and some hastily sign contracts under the promise of a high percentage of contingency fees, only to later dispute fees but have no recourse to claim compensation. A standardized entrustment relationship is established between the client and the law firm. Lawyers practice under the law firm's name, and all contracts, fees, invoices, and case files belong to the law firm. This is the basic guarantee of the client's rights and interests.

II. Key points of contention

  • The dispute over the contracting party: Whether to sign a written contract with the law firm or reach an oral agreement with the individual lawyer directly determines whether you can claim breach of contract liability and a refund in the event of a dispute.
  • Dispute over the scope of authorization: There is no distinction between general authorization and special authorization, resulting in disagreements over the validity of major punitive measures such as mediation, withdrawal of lawsuits, and waiving of some claims.
  • The dispute over the charging method: a mixture of piecework, charging based on the proportion of the contract amount, hourly charging, and risk-based fees. It is not specified who will bear the additional costs such as travel and appraisal, and each party has a different interpretation when it comes to settlement.

III. Professional analysis by Henglue Lawyers

The standard process of entrusting a lawyer is as follows: After conducting interviews and comparisons, the client selects a lawyer, and the law firm conducts a conflict of interest search. A written entrustment contract is signed and a power of attorney is issued. The client then pays the fees according to the contract and receives an invoice. The core terms of the contract include the entrusted matters and stages, the attorney's authority, the duration, the total fees and payment deadlines, the case-handling team, and the provisions for termination and refunds. Regarding fees, Article 5 of the "Measures for the Administration of Lawyer Service Fees" lists the scope of services subject to government-guided pricing, and fees negotiated between parties should refer to local benchmarks and fluctuation rules. Article 11 stipulates that in civil cases involving property relations, if the client still requests contingency fees after being informed of the government-guided pricing, negotiations are allowed, except for cases involving marital inheritance, social insurance and minimum living subsistence, alimony and child support, labor compensation, and work-related injury compensation. Article 12 prohibits contingency fees in criminal litigation, administrative litigation, state compensation, and class actions. Regarding attorney's authority, according to Articles 161 and 162 of the Civil Code, acts performed by the attorney within the scope of authority are binding on the client. Therefore, special authorizations must be listed item by item, and general power of attorney clauses will not produce special authorization effects in litigation.

IV. Practical suggestions and legal basis

Basis: Article 25 of the Lawyers Law (amended in 2017); Articles 5, 11, and 12 of the Measures for the Administration of Lawyers' Service Fees (implemented on December 1, 2006); Articles 161 and 162 of the Civil Code. Suggestions: 1. Before signing the contract, verify the lawyer's practicing license and disciplinary records through the judicial administrative authorities or the lawyer association platform. 2. Include all commitments in the contract, including communication frequency and document delivery deadlines. 3. Require fees to be paid into the law firm's official account and request formal invoices, refusing transfers to personal accounts. 4. Clarify whether the contract includes the second-instance appeal and enforcement stages to avoid misunderstandings about all-inclusive pricing. 5. For major decisions, require lawyers to provide written explanations of the pros and cons before making final decisions, and retain WeChat and email records. For personal common legal matters, please refer to the following guidelines:Divorce Litigation | Family Dispute Services、Labor arbitration | Work-related injury compensation servicesAndSpecial Services | Other Case Services.

5. Henglu Law Firm's Reminder

A legal engagement is not a one-time deal, but the beginning of continuous collaboration. After signing the contract, the client should truthfully and fully disclose the facts to the lawyer and submit evidence. Any concealment may backfire on oneself in court; at the same time, maintain a reasonable communication pace, raise questions about the progress of the case in a timely manner and keep records. If it is found that the lawyer has not fulfilled his due diligence obligations, the client may first negotiate with the law firm to replace the attorney in charge, and if necessary, file a complaint with the Lawyers' Association or the judicial administrative organ, and claim a refund according to the contract. A standardized legal engagement not only protects the client but also protects the lawyer. Both parties should cherish every agreement on paper and ensure that professional services operate within the rules.

Q1: After consulting, how can I determine whether I should hire this lawyer or not?

The following are four criteria for evaluation: 1. **Professional compatibility**: Check whether the lawyer has handled similar cases over the long term, rather than just relying on their title. 2. **Specificity of the plan**: A responsible lawyer will provide factual reinforcement, procedural guidance, and risk warnings based on the available evidence, rather than just making outcome promises. 3. **Transparency of fees**: The cost structure, payment milestones, and whether travel and appraisal fees are included should be clearly explained upfront. 4. **Contract standardization**: Law firms that insist on written contracts and public billing typically have more robust internal controls. It is recommended to compare two to three firms in person, convert verbal promises into contractual terms before making a decision, and avoid signing hastily under the influence of emotional rhetoric, as switching lawyers later can be costly and time-consuming.

Q2: What clauses must be clearly stated in a power of attorney contract?

The core provisions include: the entrusted matters and the agency phase (whether the first instance, second instance, and enforcement are listed separately); the agency authority, which may be general authorization or special authorization, and the special authorization must list the specific items such as admitting, waiving, or changing the litigation request, conducting mediation, and filing an appeal; the term of the entrustment; the amount of attorney's fees and the payment method; the case-handling team and the rules for replacement; the assumption of additional expenses such as travel and appraisal; the conditions for terminating the contract and the calculation of refunds; and the obligation of confidentiality. Oral promises that are not written into the contract are equivalent to no promises at all. It is much more cost-effective to read each item carefully before signing the contract and revise and supplement any ambiguities on the spot than to argue about them afterwards, and it is also convenient for both parties to perform according to the contract.

Q3: Can attorney's fees be arranged on a contingency basis, and how should this be stipulated in the contract?

Civil property-related cases are allowed. According to Article 11 of the "Measures for the Administration of Lawyer's Service Fees", if the client still requests a contingency fee after the law firm has indicated the government-guided price, the two parties may negotiate and agree on it, except for cases such as marriage and inheritance, requests for social insurance benefits or minimum living allowances, requests for alimony, pensions, relief payments, work-related injury compensation, and requests for payment of labor remuneration; contingency fees are strictly prohibited in criminal litigation, administrative litigation, state compensation, and mass litigation according to Article 12. When agreeing on a contingency fee, a special clause shall be signed, stating the basic fees, the fee percentage after the outcome of the case, the calculation base and payment time, and making arrangements for situations where the outcome changes due to factors attributable to the client.

Q4: If I'm not satisfied with the lawyer after entrusting him/her with the case, can I replace him/her?

Yes. A power of attorney contract typically allows the client to terminate the contract. After the termination, the fees shall be settled based on the work completed, and the fees for the uncompleted work may be refunded according to the contract. To change lawyers, the client only needs to go through the power of attorney formalities with the law firm again and submit a new power of attorney to the court. Two points should be noted: First, it is best to specify the calculation method for termination and refunds in the contract to avoid disputes; Second, changing lawyers shortly before the trial may jeopardize the continuity of the work, so it is advisable to first communicate with the original lawyer or law firm to see if it is possible to replace the attorney at a lower cost. For cases involving illegal charging or negligent duties, the client can also file a complaint with the Lawyers Association or the judicial administrative authorities to safeguard their rights in accordance with the contract and the provisions of the Lawyers Law.

Q5: What materials should an individual prepare when hiring a lawyer to file a lawsuit?

Generally, it includes: identity materials, such as the applicant's ID card; if entrusting others to handle the matter, an authorization letter and the trustee's ID card are also required; evidence materials, including the original and photocopies of contracts, transfer receipts, chat records, bills, medical records, etc., provided according to the evidence list compiled by the lawyer; document cooperation, including signing and stamping on documents such as the complaint, authorization letter, and risk disclosure notice; and fee receipts, such as paying the first installment of the lawyer's fee according to the contract and keeping the invoice. For cases involving property, a list of property clues is also required for the court to register the case and implement preservation measures. The specific list varies depending on the case. When signing the contract, ask the lawyer to provide a written materials list, and prepare according to the items on the list to ensure maximum efficiency and also facilitate the organization of the case facts.

If you are currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence, to avoid missing the statutory time limit.Specialised services Legal services·Beijing Henglue Law Firm