1. If a lawyer is invited, but there is no court session, the lawyer's fee will generally not be refunded.
The lawyer has represented the case and prepared the litigation materials on his behalf. Even if there is no court session, lawyers have fulfilled their contractual obligations and generally do not refund their lawyer fees. However, if the contract stipulates that the lawyer's fee can be refunded without hearing, it shall be handled in accordance with the contract.
What are the businesses handled by lawyers?
Lawyers can engage in the following businesses:
1. Accept the entrustment of natural persons, legal persons or other organizations to serve as legal advisers;
2, accept the entrustment of the parties in civil cases and administrative cases, as agents, to participate in litigation;
3. Accept the entrustment of criminal suspects and defendants in criminal cases or the assignment of legal aid agencies as defenders, accept the entrustment of private prosecutors in private prosecution cases, victims in public prosecution cases or their close relatives as agents and participate in litigation;
4. Accept the entrustment and represent the complaints of various litigation cases;
5. Accept the entrustment and participate in mediation and arbitration activities;
6. Accept the entrustment to provide non-litigation legal services;
7. Answer legal advice and write litigation documents and other documents related to legal affairs.
As can be seen from the above, whether the lawyer's fee can be refunded depends on whether there is an agreement in the entrustment contract signed by both parties. If no agreement can be reached, both parties shall settle it through consultation. If negotiation fails, the lawsuit will be settled.
Legal basis:
Measures for the administration of lawyers' service fees
Article 16
When accepting the entrustment, a law firm shall sign a contract with the client for charging lawyer services or specify the charging terms in the entrustment contract.
The charging contract or charging terms shall include: charging items, charging standards, charging methods, charging amounts, payment and settlement methods, dispute settlement methods, etc.
Article 17
After signing the contract with the client, the law firm shall not change the charging items or increase the charging amount without authorization. If it is really necessary to change, the law firm must obtain the written consent of the client in advance.