1. If a lawyer refuses to accept the entrustment or terminates the defense, he can refund the lawyer's service fee in accordance with the Lawyers Law and the Measures for Payment of Litigation Fees;
2. If the lawyer has represented and carried out the work, it is necessary to negotiate with the lawyer when refunding the fee, and it is necessary to refund the fee in accordance with the relevant regulations of the lawyer industry and the terms of the contract.
The conditions for withdrawing the lawsuit are:
1. The applicant must be the plaintiff, the appellant and their legal representatives, and the litigation agent specially authorized by the plaintiff. A third party with independent claim has the right to apply for withdrawal of the lawsuit if it announces the judgment after participating in the lawsuit;
2. The application for withdrawal must meet the following conditions:
(1) The applicant must be the plaintiff, the appellant and their legal representatives, and the litigation agent specially authorized by the plaintiff. A third party with independent claim has the right to apply for withdrawal of the lawsuit if it announces the judgment after participating in the lawsuit;
(2) Withdrawal of a lawsuit must meet the following conditions:
1. The applicant must be the plaintiff, the appellant and their legal representatives, as well as the litigation agent specially authorized by the plaintiff. A third party with independent claim has the right to apply for withdrawal of the lawsuit if it announces the judgment after participating in the lawsuit;
B. The withdrawal of the lawsuit must be voluntary by the plaintiff;
C, apply for withdrawal must comply with the provisions of the law. That is, the plaintiff's request for withdrawal shall not infringe upon the interests of the state, the collective and others; The plaintiff cannot use the withdrawal of the lawsuit to harm the interests of the state and the collective and the legitimate rights and interests of others; When the plaintiff applies for withdrawal, he must meet the withdrawal conditions stipulated by law;
D, withdrawal must be ruled by the people's court;
(3) Withdrawing a lawsuit is aimed at litigation rights, and its essence is to show that the plaintiff requests the court to change or eliminate a certain legal relationship or confirm the rights of civil entities;
(4) Withdrawal of the lawsuit must be ruled by the court;
(5) If the court decides to allow the withdrawal of the lawsuit, the case handling procedure shall be terminated.
The withdrawal process is as follows:
1, apply to withdraw the lawsuit, that is, the plaintiff filed a case in the court and asked the people's court to withdraw the lawsuit in written or oral form before sentencing;
2. The court shall make a ruling on whether or not to approve the plaintiff's request for withdrawal. The people's court shall conduct examination according to law. If the application meets the requirements, the ruling will allow the prosecution and the trial of the case will end; If it does not meet the requirements, the application shall be rejected and the trial shall continue.
To sum up, if you want to refund the fee, you need to consult a lawyer and refund the fee in accordance with relevant regulations and contract terms. If you are not sure whether you can refund the fee, you can consult your local bar association or relevant legal service agencies.
Legal basis:
Article 148 of the Civil Procedure Law of People's Republic of China (PRC)
Before the verdict is pronounced, if the plaintiff applies to withdraw the lawsuit, whether it is allowed or not shall be decided by the people's court.
If the people's court decides that the withdrawal of the lawsuit is not allowed, and the plaintiff refuses to appear in court after being summoned by summons without justifiable reasons, the judgment may be made by default.
Article 15 of the Measures for Payment of Litigation Fees
If mediation is concluded or the parties apply for withdrawal of the lawsuit, the case acceptance fee will be charged by half.