The law stipulates that the people's court will charge legal fees by half after the plaintiff withdraws the lawsuit, but it does not stipulate that lawyers must charge legal fees by half. If there is no explicit agreement in the power of attorney in advance, even if the plaintiff withdraws the lawsuit, the defendant's lawyer can still charge the full fee according to the agreement. According to the relevant laws and regulations, if the case is settled through mediation or the parties apply to withdraw the lawsuit, the case acceptance fee will be paid by half. Withdrawal of the lawsuit refers to the behavior of the plaintiff requesting withdrawal of the lawsuit after the people's court accepts the case and before the judgment is announced. The application for withdrawal refers to the plaintiff's written or oral request to the people's court to withdraw the lawsuit after filing a case with the court and before sentencing. According to the withdrawal of the lawsuit, that is, although the plaintiff did not apply for withdrawal of the lawsuit, some behavior in the lawsuit has indicated that he is unwilling to continue the civil lawsuit. Therefore, the court decided to cancel the act of not hearing in court according to law. Whether the parties apply for withdrawing the lawsuit or deal with it according to the withdrawal, it will have certain legal consequences. The factors specifically considered in the lawyer's fee are:
1, working time spent;
2, the difficulty of legal affairs;
3. Customer's tolerance;
4. Risks and responsibilities that lawyers may bear;
5, the lawyer's social reputation and work level.
The lawyer's duty is:
1. Provide legal advice to customers;
2. Drafting and reviewing legal documents;
3. Agency litigation, mediation or arbitration activities;
4. Handle other legal affairs entrusted;
5. Safeguard the legitimate rights and interests of customers.
legal ground
Measures for the administration of lawyers' fees
Article 3 Fees for lawyers' services shall follow the principles of openness, fairness, voluntary compensation and good faith.
Law firms should facilitate the people, strengthen internal management, reduce service costs, and provide convenient and high-quality legal services for clients. Article 5 A law firm shall provide the following legal services in accordance with the law, and implement the government-guided price:
(1) Acting as an agent in civil litigation cases;
(2) Acting as an agent in administrative litigation cases;
(3) Acting as an agent for state compensation cases;
(four) to provide legal advice to criminal suspects in criminal cases, to represent complaints and accusations, to apply for bail pending trial, and to act as the defendant's defender, private prosecutor or agent ad litem of the victim;
(5) Acting as an agent for appeals in various litigation cases.
The fees charged by law firms for providing other legal services shall be subject to market-regulated prices.