Lawyer's fees before changing lawyers in criminal cases

If a criminal case is not prosecuted, whether the lawyer's fee should be refunded shall be handled in accordance with the agreement with the lawyer.

An entrustment contract is a contract in which the principal and the trustee agree that the trustee will handle the principal's affairs. The trustor may entrust the trustee to handle one or more specific affairs, or may entrust the trustee to handle all general affairs. The client shall prepay the expenses for handling the entrusted affairs. If the agent pays the necessary expenses for handling the entrusted affairs, the principal shall repay the expenses and interest. According to the relevant regulations, the maximum penalty is less than five years after the decision is executed; Less than ten years later; Less than fifteen years, fifteen years; Others, 20 years later.

However, if the judicial organ has filed a case, the suspect will be prosecuted permanently if he evades investigation. According to the practice of the lawyer industry, as long as it does not conflict with the relevant provisions in the entrustment agreement, the paid agency fee will not be refunded. However, due to the customer's lack of experience in litigation, and the early termination of litigation, we can consider negotiating with the entrusted lawyer to refund 50% of the down payment agency fee. In fact, it is to pay the agency fee according to the result of losing the case.

According to industry practice, it is not refundable. Once the lawyer accepts the case and submits the relevant entrustment procedures to the court, the lawyer's work has already begun. No matter what form the case is finally closed, judgment or mediation or withdrawal of the case, no matter the outcome of the case is good or bad, the lawyer's fee will not be refunded. Unless the case is lost due to the fault of the attorney, the fee will be refunded or the liability for compensation will be assumed according to the seriousness of the case. In addition, at the beginning of the case, the lawyer and the parties agreed in the contract that it is also possible to refund the lawyer's agency fee if the lawsuit is subsequently withdrawn. In addition, the lawyer's fee is non-refundable.

legal ground

People's Republic of China (PRC) Criminal Procedure Law Article 2 The tasks of People's Republic of China (PRC) Criminal Procedure Law are to accurately and timely ascertain the facts of crimes, correctly apply laws, punish criminals, protect innocent people from criminal investigation, educate citizens to consciously abide by laws, actively fight against criminal acts, safeguard the socialist legal system, respect and protect human rights, and protect citizens' personal rights, property rights, democratic rights and other rights.