Legal analysis: as the case may be. The collection of attorney's fees shall be subject to the agency contract signed through consultation with lawyers. If there is no special agreement, the second trial procedure needs to pay another lawyer's fee. When signing the agency contract, the payment shall be charged according to the procedural stage and the first instance. If there is a second trial, the new contract will still be charged. The lawyer's agency fee is phased. The lawyer's task is to end this trial and this lawsuit. At the end of the first trial, the lawyer completed the task. If the parties appeal with the same lawyer, the lawyer's fee for the second instance can be halved, which is still the full cost of changing the lawyer.
Legal basis: Article 27 of the Measures for Payment of Litigation Fees. If the people's court of second instance decides to remand the case for retrial, it shall refund the fees paid by the appellant for accepting the case of second instance. If the people's court of first instance decides not to accept or reject the prosecution, it shall refund the case acceptance fee paid by the parties; If a party refuses to accept the decision of the people's court of first instance not to accept or reject the prosecution, and the people's court of second instance upholds the judgment of the people's court of first instance, the people's court of first instance shall refund the case acceptance fee paid by the party concerned.