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The formalities for hiring an attorney for divorce litigation

  • Time:2018-01-05
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The formalities for hiring an attorney for divorce litigation
1. For the entrustment procedure to be done for family law related issue, the following things shall be completed:
(1) The law firm signs an entrustment contract with the client in duplicate, one for the client and one for the lawyer;
(2)  At least 3 copies of power of attorney signed by the client, one shall be delivered to a court of law, one shall be kept with the law firm for filing, and the other shall be used for the purposes of negotiation, consultation, and investigation.
(3) The lawyer shall also, together with the client, determine the address for the service of judicial documents and other related materials;
(4) The law firm shall issue an official letter or attendance certificate and present it to the court;
2.  The client is generally required to fill in a Registration Form for Basic Information of the Parties for the court to know the necessary contact information of both parties, including the address where legal documents shall be delivered, specific means of communication.
3. A copy of a client's identity card or other identity information shall also be retained by the lawyer for the purpose of the proceeding and for law firm’s filing.
4. If the client provides fictitious evidence or uses the services provided by the lawyer to engage in illegal activities, the law firm shall investigate and collect related evidence and if related evidence does show the aforesaid things, the lawyer may refuse to continue to act as the attorney and shall inform the client that the entrustment relationship should be terminated.
5. It’s not legal to use contingent fee-charging model for a divorce case. After receiving attorney fee, the law firm shall issue related invoice and let the client sign the invoice receipt.
6. The following costs incurred in a case shall generally be paid separately by the client unless otherwise agreed in the entrustment agreement between the client and the law firm:
(1)  The judicial fee, administrative fee, litigation fee, arbitration fees, appraisal fee, notarization fee and other third-party fees;
(2)  A reasonable communication fee, photocopying fee, translation fee, transportation fee, accommodation fee, mailing fee, etc.
(3) Expert opinion fee approved by the client;
(4) Other expenses incurred thereof.
7. After the lawyer has completed the client-attorney entrustment procedure with the client, if the client terminates the agreement/relationship unilaterally or withdraws the lawsuit voluntarily, if the other party withdraws the lawsuit or both parties reach reconciliation, the attorney fees will not be refunded.

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