1. Do lawyers need to sign a contract to terminate their entrustment?
According to the contract, the agency contract can be terminated.
The principal or agent may terminate the entrustment contract at any time. If the termination of the contract causes losses to the other party, it shall compensate for the losses except for reasons not attributable to the parties.
It depends on whether there is an agreement on mediation in the contract. The above situation belongs to the client's early termination of the entrustment contract, which shall be handled in accordance with the relevant provisions of paid agency.
1. If there is an agreement, it shall be settled in the agreed way.
If no agreement is reached, both parties can settle it through negotiation.
The law firm will consider your relationship and refund the agency fee in part or in whole;
If the lawyer has provided some services and incurred some necessary expenses, you may be required to deduct relevant expenses according to a certain proportion and return the balance to the client.
Under normal circumstances, the law firm is unwilling to quit.
It may be a little troublesome in this case, so it is best to have a detailed agreement in the contract.
legal ground
Article 933 of the Civil Code
The principal or agent may terminate the entrustment contract at any time. Where losses are caused to the other party due to the termination of the contract, the party who terminates the contract without compensation shall compensate for the direct losses caused by improper termination time, and the party who terminates the contract with compensation shall compensate the other party for the direct losses and the benefits that can be obtained after the performance of the contract.
Second, who will calculate the lawyer's travel expenses?
Usually look at the agreement of the lawyer's entrustment contract. Some lawyers' quotations are all-inclusive, including travel expenses, miscellaneous expenses and taxes. Have a plenty of internet fees, travel expenses, miscellaneous fees and taxes are calculated separately. Some lawyers' fees are charged according to the charging standard stipulated by the local judicial bureau, and some are charged according to the hourly rate. Travel expenses, miscellaneous expenses, taxes, etc. Some of them are actually incurred and can be reimbursed. Some of them have an upper limit, and they will be exempted if they exceed the upper limit. Each is different. If it is a lawsuit, if one party wins the case and proposes to bear the legal costs as a lawsuit request and is supported, the reasonable legal costs and travel expenses shall be borne by the other party.
3. What should I pay attention to when I ask a lawyer to represent the case?
1. Litigation cases: In cases such as arbitration and administrative reconsideration, the client must hire a lawyer within the validity period stipulated by law.
2. If the client is a minor or a person with limited liability, his guardian shall entrust a lawyer to represent him.
3. If the client is a legal person or other organization, and * * * is the agent of the same lawsuit, the identity certificate of the agent shall be filled in.
4, please lawyers to participate in litigation legal business, should be commissioned by stages. Such as the investigation stage, the examination and prosecution stage, the first-instance stage, the second-instance stage and the appeal stage of criminal proceedings; The first-instance procedure stage, the second-instance procedure stage, the retrial procedure stage and the appeal stage of civil litigation. The client may also handle the entrustment formalities at one time, but the power of attorney shall indicate the working stage in which the lawyer participates.
5. Lawyers can only accept cases and fees from law firms. A law firm shall issue bills for fees to clients, and individual lawyers shall not accept cases or charge fees without permission.
6. Authorization to a lawyer is by no means a purely procedural work, because everything a lawyer does within the scope of authorization is regarded as your own actions (including his fault), so it is best to avoid the word "carte blanche" in the power of attorney; China's "Civil Procedure Law" stipulates that if the power of attorney only stipulates "full authorization", the agent has no right to admit, give up or change the claim, make a settlement or file a counterclaim or appeal. Therefore, in the authorization, you'd better reserve the last substantive right or limit the amount of property that lawyers can handle; Of course, you can add or cancel the authorization at any time, but you must inform the other party or the court in time.
7. If the matters entrusted by the client are illegal, or the client engages in illegal activities by using the services provided by the lawyer, or the client conceals the facts, the lawyer has the right to refuse the agency. With the consent of the director of the law firm or the person in charge authorized by the director, the lawyer may terminate the agency relationship with the client, and the agency fee paid by the client will not be refunded.
The above is what I sorted out and introduced for you about "Do lawyers need to sign a contract to terminate their entrustment?" . The trustor or the trustee need not obtain the consent of the other party to terminate the contract. As long as one party proposes to terminate the contract, it has the effect of terminating the entrusted contract, and whether it is signed or not has no effect.