1. If the lawsuit is dropped, can the lawyer's fee be refunded?
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agreed in the contract that it is also possible to refund the lawyer's agency fee if the lawsuit is subsequently withdrawn.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.
Measures for the administration of lawyers' service fees:
Article 9 The fees for lawyer services subject to market-regulated prices shall be determined by the law firm through consultation with the clients.
Working hours spent;
(two) the difficulty of legal affairs;
(3) the client's affordability;
(4) Risks and responsibilities that lawyers may bear;
(5) The lawyer's social reputation and working level.
Article 10 Lawyers' service fees may be charged according to different service contents, such as piecework fees, fees in proportion to the bid amount, and hourly fees.
Piece rate is generally applicable to legal affairs that do not involve property relations.
Charges in proportion to the winning bid amount are applicable to legal affairs involving property relations.
Time charge is applicable to all legal affairs.
Thirtieth disputes arising from lawyers' service fees, law firms should negotiate with clients to solve them. If negotiation fails, the applicant may apply to the lawyers association, the judicial administrative department and the competent price department where the law firm is located for mediation, or apply for arbitration or bring a lawsuit to the people's court.
Second, what is the process of withdrawing the lawsuit?
(1) applying for withdrawal of the lawsuit
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.
Article 145 of the Civil Procedure Law of People's Republic of China (PRC) stipulates that before the verdict is pronounced, if the plaintiff applies for withdrawing the lawsuit, whether it is allowed or not shall be decided by the people's court. If the people's court decides that the withdrawal of the lawsuit is not allowed, the plaintiff may make a judgment by default if he refuses to appear in court after being summoned by summons without justifiable reasons.
1. Conditions for applying for withdrawal:
(1) The applicant must be the plaintiff, the appellant and their legal representatives, and an agent ad litem specially authorized by the plaintiff may also apply for withdrawal of the lawsuit; A third party with an independent claim may also apply for withdrawal of the lawsuit. However, the application of a third party with independent claim to withdraw the lawsuit does not affect the proceedings between the plaintiff and the defendant.
(2) The withdrawal of the lawsuit must be voluntary by the plaintiff. Applying for withdrawal is the plaintiff's action to dispose of his substantive rights and litigation rights. Unless the plaintiff has a clear intention, no one may force the plaintiff to apply for withdrawal, and the judges shall not mobilize the plaintiff to apply for withdrawal under any excuse.
(3) Exit must be legal. The time for applying for withdrawal must be after the court accepts the case and before sentencing; The person who applies for withdrawing the lawsuit must be the person who has the right to apply for withdrawing the lawsuit; The application for withdrawal of the lawsuit shall not be an act of evading the law in substance, shall not violate the provisions of existing laws and regulations, and shall not harm the interests of the state, the collective and others.
(4) Withdrawal of the lawsuit must be ruled by the people's court. The parties concerned must exercise the right of disposition within the scope permitted by law. If the plaintiff applies for withdrawing the lawsuit, the people's court shall examine it according to law. If the application meets the requirements, it shall be ruled that the lawsuit is allowed and the trial of the case is terminated. If it does not meet the requirements, the application shall be rejected and the trial shall continue. Whether to allow the withdrawal of the lawsuit must be informed to the parties through a ruling.
(2) Cancellation according to law.
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. According to the withdrawal, the provisions are as follows:
Article 199 of the Supreme People's Court's Interpretation on the Application of the Civil Procedure Law of People's Republic of China (PRC) stipulates that if a case tried by summary procedure is transferred to ordinary procedure, the plaintiff shall pay the case acceptance fee within seven days from the date of receiving the notice of the people's court to pay the litigation fee.
If the plaintiff fails to pay in full and on time without justifiable reasons, it shall be rejected and half of the legal fees collected shall be refunded.
Article 213th of the Supreme People's Court's Interpretation on the Application of the Civil Procedure Law of People's Republic of China (PRC) stipulates that the people's court shall notify the plaintiff to pay the case acceptance fee in advance. If the application for reduction, deferment or exemption is not paid in advance after being notified, the ruling shall be rejected.
Article 235 of the Supreme People's Court's Interpretation on the Application of the Civil Procedure Law of People's Republic of China (PRC) stipulates that if the legal representative of a person without civil capacity refuses to appear in court without justifiable reasons after being summoned, if he belongs to the plaintiff, he shall be dismissed according to the provisions of Article 143 of the Civil Procedure Law; If it belongs to the defendant, the judgment shall be made by default in accordance with the provisions of Article 144 of the Civil Procedure Law. The people's court may summon him to appear in court when necessary.
Article 236 of the Supreme People's Court's Interpretation on the Application of the Civil Procedure Law of People's Republic of China (PRC) stipulates that if a third party with independent claim is summoned by the people's court and refuses to appear in court without justifiable reasons, or withdraws from court without the permission of the court, it shall be dealt with by withdrawing the lawsuit with reference to the provisions of Article 143 of the Civil Procedure Law.
There are two procedures for withdrawing the lawsuit: one is to apply for withdrawing the lawsuit (only the plaintiff can apply for withdrawing the lawsuit); Secondly, according to the withdrawal. After the withdrawal of the lawsuit, the legal fees charged by the people's court will be refunded by half, but the lawyer's fees will generally not be refunded.