1. Can I be dismissed after hiring a lawyer?
For various reasons, after establishing a service relationship with a lawyer, the client may find that the lawyer hired is not suitable. In this case, the service relationship can be terminated through consultation with the law firm, and the lawyer's fees are generally paid according to the actual progress of the lawyer's work, and the excess lawyer's fees should be returned to the client.
However, if there is an agreement in the lawyer service contract on the handling of lawyer fees, it shall be handled in accordance with the contract.
In addition, China's civil code has clear provisions on the termination of agency contracts, allowing the parties to the agency contracts to terminate the agency contracts at any time. Where a client signs an agency contract with a law firm, it may be handled in accordance with the above provisions of the General Principles of the Civil Law.
2. What conditions must I meet to apply for legal aid?
1. During the whole criminal proceedings, criminal suspects and defendants have the right to defend themselves. From the stage of examination and prosecution, criminal suspects and defendants have the right to entrust defenders. At the trial stage, if the defendant meets the relevant conditions stipulated by law, the court shall appoint a lawyer to provide legal aid.
2. According to the provisions of Article 96 of the Criminal Procedure Law, a criminal suspect may hire a lawyer to provide legal advice, appeal and accuse him on his behalf after being interrogated for the first time by the investigation organ or from the date when compulsory measures are taken. According to this provision, criminal suspects can get legal help from lawyers in the investigation stage, thus effectively exercising their right to defense.
The people's court has the obligation to ensure that the defendant is defended. In the trial procedure, the people's court shall promptly inform the defendant who has not entrusted a defender that he has the right to entrust a defender, and appoint a lawyer who undertakes the obligation of legal aid to defend the defendant under legal circumstances. In court proceedings, the people's court shall ensure that the legitimate defense behavior of the defendant and his defenders is not disturbed. Of course, this provision also applies to public security organs and people's procuratorates, both of which have the obligation to protect the defendant's defense.
In the process of prosecution, lawyers can be hired or dismissed. To apply for legal aid, the conditions to be met include that the criminal suspect and the defendant have the right to defend themselves in the whole criminal proceedings, the people's court has the obligation to ensure that the defendant is defended, and the criminal suspect can get legal help from a lawyer during the investigation stage.