1. If the entrustment contract cannot be performed due to the lawyer's fault and the client requests to terminate the entrustment relationship, the law firm shall refund all or part of the lawyer's service fees received or received in advance according to the lawyer's fault liability. If the client requests to terminate the entrustment relationship, and there is no lawyer's fault or the entrustment contract cannot be performed due to the client's fault, the law firm requests to terminate the contract, and the lawyer's service fee charged will not be refunded; If the fee is not prepaid or does not meet the actual workload of lawyers, the law firm may negotiate with the client to collect it according to the entrustment contract. In handling the case, if both parties agree to terminate the contract and the entrustment relationship, the refund amount shall be determined by both parties through consultation.
2. The legal basis for teasing is Article 5 of the Measures for the Administration of Lawyers' Service Fees.
A law firm shall provide the following legal services according to law and implement government-guided prices:
(1) representing civil litigation cases;
(2) Acting as an agent in administrative litigation cases;
(3) Acting as an agent for state compensation cases;
(4) Providing legal advice, acting as an agent for complaints and accusations, applying for bail pending trial, and acting as the defendant's defender, private prosecutor or agent ad litem of the victim of the criminal case of mountain defense; (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.
2. If the lawsuit is dropped, can the lawyer's fee be refunded?
Can the lawyer's fee for withdrawing the lawsuit be refunded?
According to the industry practice, if you can't start a new stove, 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.
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