The lawyer said that the client could be suspended, but the final result was not like this.
A lawyer who handles many similar criminal cases will naturally compare. Some courts impose heavier penalties on certain types of cases and lighter penalties on certain types of cases. Some strictly enforce sentencing standards, while others do not pay attention to them. These situations also exist. According to the evidence of the case and the law, it is the lawyer's duty to analyze the defendant's allegations and possible sentencing. The defendant's behavior is charged with a heavier crime, but it should actually be a lighter crime, or the prosecutor accuses the defendant of being the principal offender, but the defendant's identity is actually an accessory. If these are not analyzed, how can we trust lawyers?
Although it is said that lawyers are hired, in fact, the signing parties of the agreement to hire lawyers are the law firm and the client, not the agreement signed by lawyers and clients. Different from civil cases, criminal cases are not allowed to sign a risk defense agreement with law firms, that is, it cannot be stipulated in the agreement that if the criminal suspect cannot be sentenced to probation, the lawyer's fee will not be paid or returned; Or how much to pay the lawyer. As a defense lawyer, after all, I provided legal services, not only met with criminal suspects, but also collected evidence materials beneficial to criminal suspects. The court put forward the innocent and lightest defense opinion of the criminal suspect, and paid the labor and should get the lawyer's fee.
Can I ask you not to pay the lawyer's fee?
The defense lawyer shall not promise to guarantee the outcome of the case. This is not only the provision of lawyer's professional ethics and practice discipline, but also the provision of law. Therefore, if the defense lawyer promises the client that he will get a suspended sentence in this case, then the defense lawyer's behavior is illegal, and the client can complain to the bar association or the competent department. The payment of legal fees is based on the entrustment agreement, and of course it must be effective. Therefore, as long as the agreement is not illegal, the agreement is valid, regardless of the legal fees. However, if the agreement constitutes a major misunderstanding or is obviously unfair, you can ask for cancellation.