If it is the lawyer's responsibility, you can ask the lawyer to bear the responsibility and refund the lawyer's fee. It depends on how you stipulate such matters in the agency contract signed with the law firm. If there is any relevant agreement, it shall be implemented according to the agreed content.
If there is no agreement or the agreement is unclear, and the agency contract cannot be continued due to long-term non-filing, the contract can be terminated through consultation with the law firm. But at the same time, according to Article 405 of the Contract Law, you should pay a certain amount of remuneration to the law firm, and the rest after deducting the remuneration will be returned to you by the law firm.
civil law
Article 928 Where the principal pays remuneration and the agent completes the entrusted affairs, the principal shall pay remuneration to him as agreed.
If the entrustment contract is dissolved or the entrusted affairs cannot be completed due to reasons not attributable to the trustee, the principal shall pay the corresponding remuneration to the trustee. Unless otherwise agreed by the parties, such agreement shall prevail.
Second, who will bear the lawyer's agency fee?
In our country, according to the situation, who should bear the lawyer's agency fee, the losing party should bear the lawyer's agency fee, and the lawyer's fee should be borne by the party who hired the lawyer.
Whether the lawyer's fee is borne by the losing party or the client should follow the following principles: according to the laws of our country, if there are explicit provisions on lawyer's fee, a judgment should be made according to the relevant provisions, otherwise it is illegal, and the lawyer's fee should embody the principle of fairness and justice, and the way to bear the lawyer's fee should be determined according to the size of the fault.
Laws and judicial interpretations clearly stipulate that the losing party can bear the lawyer's fees:
1. In case of contract dispute, the creditor exercises the right of cancellation.
2. Copyright and trademark civil dispute cases.
Although the relevant provisions are stipulated, they are not clear:
1. Disputes over patents and security rights.
2. Cases of unfair competition.
3, personal injury compensation, reputation infringement, traffic accident cases, arbitration cases.
In other cases, it is necessary to determine who will bear the legal fees according to the circumstances of the case.
Third, who will bear the litigation costs?
In civil litigation, the legal fees are allocated by the court according to the actual situation of the case, and who generally loses the lawsuit. As for the lawyer's fee, if there is an agreement, it can be agreed. If there is no agreement, whoever asks for a lawyer will pay. Among them, the losing party in the intellectual property case bears all the expenses.
The litigation costs shall be borne by the losing party;
1. The litigation costs shall be borne by the losing party, except those voluntarily borne by the winning party.
2. If the case is partially won or partially lost, the court shall decide the amount of litigation costs borne by each party according to the specific circumstances of the case.
3. If * * * loses the case with the litigant, the court will decide the amount of litigation costs borne by the litigant according to its interest in the litigation object.
The above is about whether the lawyer's fee can be refunded if the prosecution materials are wrong. If it is the lawyer's responsibility that leads to the wrong prosecution materials, you can ask the lawyer to bear the responsibility and refund the lawyer's fee. If the parties themselves want to withdraw the lawsuit, they need to pay the corresponding labor remuneration to the lawyer. If you have other related questions, please consult a lawyer.