Legal analysis: Whether the attorney’s fees can be refunded or partially refunded depends on the entrustment contract and common practice.
1. If the entrustment contract has clarified in which cases refunds can be made and in which cases refunds cannot be made, the entrustment contract shall be followed.
2. If there are no specific provisions and the two parties have disputes, they can be resolved through negotiation.
For example, in criminal litigation cases, a complete criminal case is divided into three stages from public security filing to court judgment: public security investigation stage, procuratorate review and prosecution stage, and court trial stage. When lawyers accept entrustment from their clients, some may accept the entrustment in three stages at the same time (collecting all fees for the three stages), while others may accept the entrustment in stages, charging only the fees for each stage. During the public security investigation stage, the role of the entrusted lawyer is only to meet with the client, understand the suspect's alleged crime, provide legal advice, appeal or prosecute on his behalf if the case-handling agency handles the case illegally, and apply for bail on his behalf for those who meet the conditions for bail pending trial. Awaiting trial. Therefore, if the lawyer has basically fulfilled his duties during the investigation stage, the fees during the investigation stage will generally not be refunded. However, if the fees for all stages are collected but all stages of work are not completed and the work is terminated midway, they should be refunded.
Legal basis: "Measures for the Administration of Lawyer Service Fees"
Article 3 Lawyer service fees shall follow the principles of openness, fairness, voluntariness, and good faith.
Lawyer Affairs Law firms should provide convenience and benefit to the people, strengthen internal management, reduce service costs, and provide convenient and high-quality legal services to clients.
Article 4 Lawyer service fees shall be subject to government-guided prices and market-regulated prices.
Article 5: Law firms provide the following legal services in accordance with the law at government-guided prices:
(1) Civil litigation cases;
(2) Agency for administrative litigation cases;
p>(3) Act as an agent in state compensation cases;
(4) Provide legal advice to criminal suspects in criminal cases, act as an agent to file complaints and accusations, apply for bail pending trial, serve as the defendant’s defender or private prosecutor, Litigation agent of the victim;
(5) Acting as an agent in various appeals and litigation cases
The law firm provides other legal services at market-regulated prices.
Article 6 The benchmark price and floating range of government-guided prices shall be formulated by the price administrative departments of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government in conjunction with the judicial administrative departments at the same level.