In the process of handling the entrusted matters, the law firm shall terminate its agency work: through consultation with the client; Being disqualified or suspended from practicing; Finding insurmountable conflicts of interest; The lawyer's health condition is not suitable for continuing to represent him; Continuing to represent will violate the law or the practice norms of lawyers.
A lawyer may refuse to defend or represent when the following circumstances occur in the process of defense or agency: the client engages in criminal activities by using the legal services provided by the lawyer; The client insists on pursuing the goal that the lawyer thinks impossible or unreasonable; The client fails to perform the obligations of the entrustment contract and has been reasonably urged; On the premise of unforeseeable in advance, the lawyer's provision of legal services to the client will bring unreasonable expenses or unbearable and unreasonable difficulties to the lawyer; The evidential materials provided by the client are not objective, untrue, irrelevant and illegal, or are suspected of perjury after examination by judicial organs; Other legitimate reasons.
According to Article 29 1 of the Lawyers Law, the client may refuse the lawyer to continue to defend or represent him. You can also entrust a lawyer as a defender or agent.
Procedural requirements for terminating the principal-agent relationship
The termination of the principal-agent relationship involves the rights and obligations between lawyers and clients. So the termination of this relationship should follow certain procedural requirements. Details are as follows:
1. suggested responsibilities. If a lawyer finds that he can refuse to defend or represent after accepting the entrustment, he shall explain the reasons to the client, urge the client to accept the lawyer's opinion, and correct the reasons leading to the lawyer's refusal to defend or represent.
2. Notification obligation. When a lawyer terminates his agency, he shall notify the client in advance as far as possible. After obtaining the consent of the client, the law firm may entrust another lawyer to continue to undertake the entrusted matters, otherwise the agency agreement will be terminated.
3. Obligation to take reasonable protective measures. When a law firm terminates its agency, it shall try its best not to affect the legitimate interests of its clients. Before the termination of the entrustment relationship, the lawyer must take reasonable and feasible measures to protect the interests of the client, such as informing the client in time so that he has enough time to entrust another lawyer, recover the original documents and refund the prepaid fees. According to the Code of Conduct for Lawyers, if the law firm terminates the agency agreement for reasonable reasons, or if the client terminates the agency agreement for reasonable reasons, the law firm has the right to collect the completed fees; If the client unilaterally terminates the agency agreement, he shall pay the lawyer's fee as agreed.
4. The obligation not to detain the litigant's litigation materials. A lawyer shall not threaten or intimidate the client in order to prevent the client from dissolving the entrustment relationship, and shall not detain the materials provided by the client without justifiable reasons. However, if the entrustment relationship is terminated because of refusing to defend or represent the client, the lawyer may keep copies of legal affairs documents related to the client.
Legal basis:
Article 562 of the Civil Code: The parties may terminate the contract through consultation.
The parties may agree on the reasons for one party to terminate the contract. When the reasons for the termination of the contract arise, the creditor may terminate the contract.
Article 563 of the Civil Code may terminate the contract under any of the following circumstances:
(a) the purpose of the contract cannot be achieved due to force majeure;
(two) before the expiration of the time limit for performance, one party clearly indicated or indicated by his own behavior that he would not perform the main debt;
(three) one party delays the performance of the main debt and fails to perform it within a reasonable period after being urged;
(4) One of the parties delays the performance of debts or commits other breach of contract, which makes it impossible to achieve the purpose of the contract;
(5) Other circumstances stipulated by law.
For an indefinite contract whose content is to continue to perform debts, the parties may terminate the contract at any time, but they shall notify the other party before a reasonable time limit.