The termination of a lawyer's contract can be terminated through negotiation between the litigation agent (i.e. the lawyer) and the client. Secondly, it can also be agreed by both parties in the contract.
According to the provisions of Article 32 of the Lawyers Law, the client may refuse the lawyer entrusted by him to continue to defend or represent him, and may at the same time entrust another lawyer to serve as defender or agent. After accepting the entrustment, a lawyer shall not refuse defense or representation without justifiable reasons. However, if the entrusted matter is illegal, the client uses the services provided by the lawyer to engage in illegal activities, or the client deliberately conceals important facts related to the case, the lawyer has the right to refuse to defend or represent the client.
2. Types of contract termination
1. Termination of the agreement
After the contract is established, but before it is performed or is not fully performed, if both parties negotiate to terminate the contract, the contract will be invalid. .
2. Termination of the Agreement
In the contract, the two parties agree that after the contract is established but before it is performed or is not fully performed, one party may terminate the contract if certain conditions are met. The right to terminate the contract can eliminate the contractual relationship by exercising the right to terminate.
3. Statutory rescission
After the contract is established, if it is not performed or completed, one party will exercise the statutory rescission right to invalidate the contract.
4. Termination of an indefinite-term contract
The so-called indefinite-term contract refers to a contract in which the parties have not agreed on a time limit, or the time limit is unclear.
5. Judicial and arbitration confirmation is lifted
(1) There are legal, practical, and high performance costs.
(2) The purpose of the contract cannot be realized due to the above reasons.
(3) The observant party refuses the breaching party’s request to terminate the contract.
(4) This situation does not constitute a change of circumstances.
Three. Procedures for terminating a contract
1. Both statutory termination and the right to terminate as agreed in advance by the parties must meet certain conditions.
2. The right of withdrawal must be exercised within the specified period.
3. The right of withdrawal may be waived expressly or implicitly.
4. The notice of termination must be delivered to the holder of the right to terminate the contract.
No matter what form of dissolution, legal formal requirements must be followed. If laws and administrative regulations stipulate that the cancellation of a contract requires approval and registration procedures, such provisions shall prevail.
The above is a detailed introduction on how to terminate your lawyer contract. According to the above provisions, a lawyer's contract can be terminated by negotiation between the litigation agent (i.e. the lawyer) and the client. Secondly, it can also be agreed by both parties in the contract. If you still have legal questions, it is recommended that you consult a professional attorney.