1. After the lawsuit is withdrawn, the lawyer's fee shall be paid according to the agency contract.
2. If there is no agreement, in general, if the client withdraws the lawsuit by himself, he shall pay the lawyer's fee.
3. If the other party withdraws the lawsuit, it can pay the fee according to the lawyer's work progress.
Characteristics of attorney fees
1. Lawyers shall collect fees uniformly in the name of law firms, and shall not collect attorney fees privately.
2. Lawyer's fees are different from the funds for handling cases, and the necessary expenses incurred by lawyers for handling entrusted affairs must still be borne by the client. Such as transportation, accommodation, and judicial expertise fees.
3. Attorney fees are different from legal fees. If the entrustment contract cannot be fulfilled due to the fault of the lawyer, and the lawyer or 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 fault liability of the lawyer. 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 dissolve the contract and terminate the entrustment relationship, the refund amount shall be determined by both parties through consultation as the civil agency fee based on the entrustment relationship, and the legal fee shall be subject to the compulsory fee arising from bringing a lawsuit to the court. Lawyers' fees can be negotiated, but not legal fees.
How much is the lawyer's fee
1. According to different service contents, lawyers' service fees can be charged on a case-by-case basis, in proportion to the bid amount and by time.
2. Piece-rate wages are generally applicable to legal affairs that do not involve property relations;
3. Charging according to the proportion of the winning bid amount is applicable to legal affairs involving property relations;
4. Time charge is applicable to all legal affairs.
Legal basis:
"Measures for the Administration of Lawyers' Service Fees" Article 9 The fees for lawyers' services subject to market-regulated prices shall be determined by the law firm through consultation with the clients. The following main factors shall be considered when a law firm negotiates the fees for lawyer services with its 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.