2. If negotiation fails, you can complain to the lawyer’s local bar association or judicial authority and request that the lawyer be investigated and punished.
3. If the facts are clear, you can make a complaint to the district or county judicial bureau or the municipal judicial bureau, which is responsible for the management of lawyers and law firms;
You can also file a complaint to the Lawyers Association.
4. If the complaint is fruitless, you can sue based on the contract and hold the other party responsible for breach of contract.
The basis of agency is trust. If the trust basis is missing, either party can terminate the contract. The dispute is only a question of whether to withdraw or not, and how much to withdraw.
It is recommended that if you have any questions, you should communicate directly with the lawyer. Good communication can solve most problems;
If you still feel that the lawyer is unreliable afterwards, you can also choose to terminate the contract.
In practice, if you encounter this situation, you can complain to the local bar association or judicial administrative agency. But the probability of success is not high. First, the above two departments can only impose industry penalties, and the most serious penalty is the revocation of the license. But only if the lawyer violates professional ethics. Working without exerting effort or taking money without doing things cannot be considered as a violation of relevant laws and regulations. Secondly, even if a lawyer commits a violation of the law and is ordered to refund or compensate the client's losses, it cannot be enforced. After all, administrative penalties are not court decisions, and compensation cannot be enforced. Finally, lawyers are a social profession. Not every lawyer cares about the attitudes of judicial and administrative agencies. As legal persons, they will use the law to protect themselves and fight back.
The best way to prevent taking money without doing things is to stipulate it in advance in the agreement. It is best to quantify the desired effect so as to avoid unnecessary disputes. For example, sign a risk agency agreement.
How much does it cost to hire a lawyer to litigate a lawsuit:
Lawyer fees are attorney fees, which refer to the remuneration a lawyer should charge for representing a client in legal matters. At present, there are three main types of attorney fees:
1. Regular fees
Regular fees are determined with reference to the level of the litigation procedure. The litigation procedure is a "second instance" system, that is, the litigation is divided into It is the first-instance stage and the second-instance stage. The first instance is the first instance. After the first-instance judgment or ruling, if one party is dissatisfied, it can file a second instance. The second-instance judgment is the final judgment. Generally, the second-instance judgment is not the final judgment, and generally no further litigation is allowed. But in reality, there is an enforcement procedure after the judgment. That is, if the other party fails to fulfill the contents of the judgment after the judgment, the other party applies to the court to enforce the other party's property to realize the contents of the judgment (that is, what is commonly known as sealing and detaining property). Correspondingly, the collection of attorney fees also has three stages: first-instance fees, second-instance fees, and execution procedure fees.
2. Lump-sum charging
Lump-sum charging means that for charging a fee, you must be responsible for the case to the end, that is, you only charge a fee and are responsible for the three stages of first instance, second instance, and execution. The charging standards will be appropriately increased based on the regular first-instance charges.
3. Risk charges
Risk charges refer to charging only a small amount of fees before the amount of the execution judgment, mediation, and settlement reaches the execution target amount. After the execution is successful or the execution target amount reaches the execution target amount, Higher fees will be charged after the target amount is reached.
The above fee standards are determined through negotiation between the lawyer and the client based on the specific circumstances. In short, the lawyer's charging method and the amount of legal fees charged are determined by the lawyer and the client within a certain range. The specific fees for a particular case and the amount of attorney fees should be determined by individual lawyers through negotiation.
Legal basis:
Article 577 of the "Code of the People's Republic of China" stipulates that if a party fails to perform its contractual obligations or the performance of its contractual obligations does not comply with the agreement, it shall be liable for continued performance. , take remedial measures or compensate for losses and other breach of contract liabilities.
"Lawyers Law of the People's Republic of China"
Article 40 Lawyers shall not engage in the following conduct in their professional activities:
(1) Accepting entrustments privately, collecting fees, or accept property or other benefits from the client;
(2) Take advantage of the convenience of providing legal services to obtain benefits from the rights and interests of the parties to the dispute;
(3) Accept the other party’s The property or other interests of the parties, malicious collusion with the other party or a third party to infringe upon the rights and interests of the client;
(4) Meeting with judges, prosecutors, arbitrators and other relevant staff in violation of regulations;
(5) Offering bribes, introducing bribes, or instigating or inducing judges, prosecutors, arbitrators and other relevant staff to resolve disputes by other illegal means;
(8) Disrupting the court , disrupting the order of the arbitral tribunal and interfering with the normal conduct of litigation and arbitration activities.
Article 48 If a lawyer commits any of the following acts, the judicial administrative department of the people's government of the city or municipality directly under the Central Government shall give him a warning and may also impose a fine of not more than 10,000 yuan; if there is any illegal income, the illegal income shall be confiscated ; If the circumstances are serious, a penalty of suspension of practice for not less than three months but not more than six months shall be imposed:
(1) Accepting entrustment privately, collecting fees, and accepting the entrustment
(2) After accepting the entrustment, refuse defense or representation without justifiable reasons, and fail to appear in court on time to participate in litigation or arbitration;
(3) Taking advantage of the convenience of providing legal services to seek the rights and interests of the parties to the dispute;
(4) Revealing business secrets or personal privacy.