1. Can I refund my lawyer's fees if I don't file a case or open a court session?
Whether you can get a refund depends on whether there is a clear agreement in the contract between the two parties. Generally, there is no agreement, and the lawyer's fee is non-refundable.
The client may consult with the law firm according to the rights and obligations of both parties and the liability for breach of contract agreed in the agency contract signed with the law firm.
The agency fee charged by a lawyer is the service fee for handling legal affairs on his behalf. There are many ways to provide legal services, including searching for information, answering questions, investigating and collecting evidence, and writing documents. Appearing in court is just one of them.
If the lawyer is appointed to represent the case, but the lawyer cannot file the case for some reason after collecting the fee, then the agency will be terminated, so that all or part of the agency fee can be recovered. As for the number, it depends on the degree of lawyer representation and the degree of consent. If the lawyer doesn't answer, he can complain to the Bar Association.
Second, who will bear the legal costs?
According to the regulations, it is not clear that the infringer should bear the lawyer's fee of the victim. Practices vary from place to place, some are for the other party to bear, and some are not for the other party to bear. I hope that in the future legislation, the other party can clearly bear the expenses, so that the victims can get the greatest compensation. Unless otherwise specified, the lawyer's fees shall be paid by me, and the legal fees shall generally be borne by the losing party, but it shall still be stated in the litigation request. The court will not award your lawyer's fee to the losing party.
3. What obligations must a lawyer perform in his practice?
1. A lawyer shall keep state secrets and business secrets of the client he knows in his practice activities, and shall not disclose the privacy of the client;
2. A lawyer shall not act as an agent for both parties in the same case;
3. Lawyers shall not accept entrustment, charge fees from clients privately, or accept property from clients;
4. Lawyers shall not take advantage of the convenience of providing legal services to seek the disputed rights and interests of one party or accept the property of the other party;
5. Lawyers shall not meet with judges, prosecutors and arbitrators in violation of regulations;
6. Lawyers shall not treat judges, prosecutors, arbitrators and other relevant staff as gifts or pay bribes, and shall not instigate or induce the parties to pay bribes;
7. Lawyers shall not provide false evidence to conceal facts or threaten or induce others to provide false evidence, conceal facts or hinder the other party from obtaining evidence according to law;
8. Lawyers shall not disturb the order of courts and arbitration tribunals or interfere with the normal conduct of litigation and arbitration activities;
9. Lawyers shall not seek business by slandering other lawyers or paying referral fees.
10. A lawyer who once served as a judge or prosecutor may not serve as an agent ad litem or defender within 2 years after leaving the people's court or people's procuratorate.
To sum up, lawyers' fees are generally paid by people who ask lawyers to help them represent or defend themselves. However, if the case is not filed and the court session is not held, as long as the lawyer's fee is paid, the parties concerned cannot ask for a refund. Lawyers can get this reward as long as they pay their own labor, unless they do something illegal. Therefore, if they want to refund their money, they must have legal reasons to support their views.
Many people think that lawyers' fees can be refunded without filing a case. Actually, it's not. Attorney's fees are generally paid by people who ask lawyers to represent or defend themselves. Therefore, there is no special provision that the lawyer's fee cannot be refunded, because it is the fee for hiring a lawyer.