For many friends, getting involved in a lawsuit is a bit nervous. They are afraid of taking legal responsibility. If they can, they will call a lawyer first. Lawyers are charged for their services. After paying the fee, something unexpected happened. If they are not prosecuted, can the lawyer's fee be refunded? Let me give you a detailed introduction, hoping to help you.
1. Can I get a refund if I don't collect the lawyer's fees?
The client may consult with the law firm according to the rights and obligations of both parties and the liability for breach of contract agreed in the agency contract signed with the law firm.
Generally, there is no refund, even if it is not filed or filed. Usually, the agency fee charged by a lawyer is the service fee for handling legal affairs on his behalf. There are many ways to provide legal services, including searching for information, answering questions, investigating and collecting evidence, and writing documents. Appearing in court is just one of them.
Generally speaking, it depends on whether the lawyer is working, such as preparing a lawsuit to get your signature and preparing evidence materials. You can contact the law firm first to see the attitude of the other party. If you feel that the law firm has breached the contract, you can talk to the lawyers of other law firms to see if there is an agreement on this issue in your attorney service entrustment contract.
If it is agreed that a lawyer will represent the case, but the lawyer cannot file the case for some reason after collecting the fee, then the agency will be terminated and you can get back all or part of the agency fee. As for how much you want, it depends on the degree of lawyer's representation and consent. If the lawyer doesn't answer, he can complain to the Bar Association.
If you don't file a case, you can get your lawyer's agency fee back. Go directly to the law firm, explain the actual situation and represent the lawyer, and ask for a refund of the agency fee.
If the lawyer has already carried out the actual operation, part of the agency fee can be deducted appropriately.
If the lawyer refuses to return it, he can complain to the local bar association.
Whether the lawyer's fee can be refunded mainly depends on the agreement in the entrustment contract. The lawyer's fee belongs to the expenses stipulated in the contract between the parties and the law firm, and there is no mandatory provision. Both parties can agree on their own. If there is no agreement, it will be handled in accordance with the principles of contract law, because even if the lawsuit is withdrawn, the lawyer has already paid the labor, so it is generally not returned.
Second, how important is the role of lawyers in criminal cases?
It can be said with great certainty that lawyers play a very important role in criminal cases, and it is very necessary to hire professional criminal defense lawyers to help criminal suspects or defendants. In the investigation stage, lawyers can meet criminal suspects, relieve their anxiety and give them psychological comfort; Explain the accused charges and relevant legal knowledge to the criminal suspect, so that the criminal suspect can know whether he constitutes a crime or the possible consequences; Minimize the occurrence of extorting confessions by torture; It can also help criminal suspects to apply for bail pending trial according to the case. The order of review and prosecution can help us to understand the relevant cases more deeply from the review organs of the procuratorate, including consulting or copying all the files involved, and putting forward defense opinions to the procuratorate that the suspect is innocent, the crime is light, and this crime is another crime. At the trial stage, lawyers can meet the defendant to understand and collect evidence clues of misdemeanor or innocence; You can meet with the presiding judge, read and copy the file materials accusing the defendant of being guilty; Seriously study the case, fully argue in court, etc.
Third, what if you can't afford a lawyer?
Legal aid can be obtained in accordance with state regulations.
1. If a citizen fails to entrust an agent or defender due to financial difficulties, he may apply for legal aid or be appointed by the people's court to defend the following matters:
(1) Request state compensation according to law;
(2) Requesting social insurance benefits or minimum living security benefits;
(3) requesting the payment of pensions and relief funds;
(4) Requesting to pay alimony, alimony and alimony;
(5) Requesting payment of labor remuneration;
(six) to claim the civil rights and interests arising from the courageous behavior.
2, criminal proceedings in any of the following circumstances, citizens can apply for legal aid to legal aid institutions:
(1) The criminal suspect fails to hire a lawyer due to financial difficulties after being interrogated for the first time by the investigation organ or from the date when compulsory measures are taken;
(2) The victim of a public prosecution case and his legal representative or close relatives have not entrusted an agent ad litem due to financial difficulties since the date when the case was transferred for examination and prosecution;
(three) since the case of private prosecution was accepted by the people's court, the private prosecutor and his legal representative have not entrusted an agent ad litem due to financial difficulties.
The above is the legal knowledge I have compiled and introduced for you about "you can refund your lawyer's fees without being sued". To sum up, the lawyer's fee can be settled through consultation with the law firm, but it will not be refunded generally, even if the case has not been filed or filed, because the lawyer has already paid the labor.