In addition, if the lawyer's fault violates the corresponding local regulations, he can also negotiate a refund. Take the Notice on Printing and Distributing the Implementation Measures and Standards for the Management of Lawyers' Service Fees in Sichuan Province as an example;
According to Article 17 of the Notice on Printing and Distributing the Implementation Measures and Standards for the Management of Lawyer Service Fees in Sichuan Province, if the entrustment contract cannot be performed due to the fault of the lawyer and the client requests to terminate the entrustment relationship, the law firm shall refund all or part of the lawyer service fees received or received in advance according to the fault liability of the lawyer.
If the client requests to terminate the entrustment relationship, and there is no lawyer's fault or the entrustment contract cannot be performed due to the client's fault, the law firm requests to terminate the contract, and the lawyer's service fee charged will not be refunded; If the fee is not prepaid or does not meet the actual workload of lawyers, the law firm may negotiate with the client to collect it according to the entrustment contract.
In handling the case, if both parties agree to terminate the contract and the entrustment relationship, the refund amount shall be determined by both parties through consultation.
Legal basis: Civil Code of People's Republic of China (PRC).
Article 577 Where a party fails to perform its contractual obligations or fails to perform its contractual obligations in conformity with the contract, it shall be liable for breach of contract such as continuing to perform, taking remedial measures or compensating for losses.
Article 578 Where a party expressly expresses or shows by his own behavior that he will not perform his contractual obligations, the other party may require him to bear the liability for breach of contract before the time limit for performance expires.